On Monday, 14 October 2024, the Minister of Mineral and Petroleum Resources issued a notice, GN 5424 in Government Gazette No 51390 concerning the Mine Health and Safety Amendment Bill, 2024 ("the Bill").
In terms thereof, the Minister intends to introduce the Bill in the National Assembly shortly. Click here to view a copy of the notice.
An explanatory summary of the Bill was published in terms of
Rule 276 (1) (c) of the Rules of the National Assembly.
Click here to view a copy of the Mine Health
and Safety Amendment Bill, 2024.
Unfortunately the "summary" contains very little
information. The most important provisions in the Bill are as
follows:
- Currently an employer is required as far as reasonably practicable to provide employees with information, instruction, training and supervision. In terms of the Bill the words "reasonably practicable" are deleted. The effect thereof is that an absolute obligation rests upon the employer to ensure that "every employee is adequately trained".
- In terms of a new section 86A, the crime of corporate manslaughter is introduced, which provides that if the employer contravenes or fails to comply with a duty in Chapter 2 of the MHSA and if such contravention or failure results in a person's death, serious injury, serious illness or a health-threatening occurrence, then it constitutes a contravention which may result in a fine of a maximum of "10% of the employer's annual turnover".
- The provisions contained in section 86A, further provide that an employer is vicariously liable for the conduct of an employee which results in the death, injury, illness or occurrence as stated in section 86A(1). The employer is presumed liable and an onus is placed on the employer to disprove liability by proving that the act or omission did not occur with the permission of the employer; that it was not within the scope of authority of the employee; and that the employer had taken reasonable steps to prevent such act or omission. It is provided that the mere fact that the employer issued instructions forbidding any act or omission shall not in itself be accepted as sufficient proof that the employer took all reasonable steps to prevent the act or omission.
- Currently the fines for contraventions of the MHSA range between R50,000 and R1,000,000. Provision is made for imprisonment in the case of natural persons of 6 months to 5 years. These penalties are now substantially increased in the amended Schedule 8.
- A new section 92 (8) provides that notwithstanding penalties provided elsewhere in the MHSA (including Schedule 8) "a fine not exceeding 10% of the employer's annual turnover in the preceding financial year as reflected in the last available financial statements in the Republic and the employer's exports from the Republic, whichever is greater", may be imposed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
