(2) The employer of a mine that is not operating but for which no certificate of closure within the meaning of the Mineraliengesetz has been issued shall take reasonable steps to continually prevent injury, illness, loss of life or damage of any kind to or because of the mine. If you need help understanding the proposed duties and responsibilities (appointments) in the new Chapter 2 and how these requirements are to be implemented, please contact me. The initiative to consolidate appointments, duties and responsibilities into a single chapter has gained momentum and discussions on a new Chapter 2 of the MHSA regulations are progressing well. iii. or, if neither (i) nor (ii) is applicable, the last person who operated the mine or the successor in title of that person. We are not concerned with the entire legal appeal structure – we are only interested in appointments that directly affect exploration drilling – so I will limit our review to those appointments. Table 1 summarizes the major legal appointments that will affect an exploration drilling contractor. Subsection 2(1) clearly transfers the entire responsibility for the health and safety of the employer/owner from the planning phase to decommissioning, that is, to the life cycle of the mine. This responsibility is incredibly heavy and leaves no room for the employer to escape responsibility. The MPRDA requires that once a mine has been fully operational and all mining activities have ceased, the employer or owner must obtain a “certificate of closure” from the DMR that effectively terminates the employer`s or owner`s responsibility for health and safety at the mine.
Decommissioning certificates are rarely issued, so this subsection extends responsibility for health and safety long after the mine has ceased operations. The Act is cleverly structured because it recognizes that the nature of the mine`s operations may prevent the CEO from personally ensuring that the responsibilities of the owner are fulfilled, and so Section 2A(2) provides that the CEO appoints a person to act on his or her behalf. The wording of this section makes it very clear that if the person appointed by the CEO acts negligently, the CEO always bears full responsibility and, therefore, full responsibility. This responsibility is reiterated in paragraph 4 below. I have been in the specialized health and safety field for over 27 years and, as far back as I can remember, various projects have been launched to consolidate the MHSA with the Occupational Health and Safety Act, No. 85 of 1993 and to simplify and consolidate the required appointment structure with a more focused division of duties and responsibilities. The third part of this definition refers to what happens when the licensee or permit holder leaves the mine or dies, in which case the last person operating the mine or the person who inherits the permit or permit becomes the new owner. This means that responsibility cannot be delegated or circumvented.
The owner cannot avoid his obligation to comply with the provisions of the law. Section 2.6.1 (Provisions of the Minerals Act): The manager may appoint one or more competent persons as subordinate managers to assist in the control, management and management of the mine or works, and each of these persons has the same responsibilities under the regulations as the manager to the extent clearly defined in his letter of appointment: that the appointment of such persons does not relieve the Director of any personal liability in accordance with the regulations. We have already examined the origins and structure of the Mining Health and Safety Act 29 of 1996. In this article, I would like to examine an important feature of the act – the transfer of responsibility through statutory appointment provisions: who is responsible if something goes wrong? Problems related to the management of disused mines by illegal miners are therefore the responsibility of the employer/owner and raise the question: to what extent should an owner protect old mines, are fences and signage sufficient, or should armed guards be placed at old mine entrances? The fact that so many illegal miners had access to former quarries suggests that the owner did not comply with subsection 2. (2). 2. (1) The employer of every mine that operates shall, A number of other sections of the Act provide for the appointment of persons to assist the owner/employer (CEO) and, together, these sections create a “statutory appointment structure” through which the day-to-day functions of the mine can be performed safely. In the first article of this series, we saw that although the Minerals Act 50 of 1991 has been repealed, the provisions of the Minerals Act are still in force. As a result, some appointments are made under the Minerals Act, while others are made under the Mining Health and Safety Act, which can be confusing. (b) ensure, to the extent practicable, that the mine is operated, operated, maintained and closed in such a way that workers can carry out their work without endangering their health and safety or that of any other person; A legal appointment is not a paper exercise, but a formal assumption of legal responsibility.
It is essentially a contract that requires the designated person to understand the objectives of the law and the requirements imposed by the law. It is extremely important that the appointee clearly understands the obligations imposed on him or her by the letter of appointment. This is an extremely important definition, as it fills a serious gap in previous versions of the legislation. Indeed, it covers all eventualities – if an exploration permit or mining permit has been legally issued, the owner is the person in whose name the permit or permit was issued. Subsection 2(2) is very important in the current climate because it states that even after mining operations have ceased, the employer (owner) must ensure that no one suffers injury or damage in or because of the mine. The law clearly places responsibility for health and safety on the owner or employer – this is included in Section 2. Section 3 requires (the employer shall) that the employer or the chief executive officer appoint one or more managers to direct the day-to-day operations of the mine. Ii.
In the absence of an exploration licence or mining permit, the person for whom the activities referred to in paragraph (b) of the definition “mine” are carried on, but other than an independent operator; Section 2A(1) recognizes that the mine may be owned by a corporation of a group of persons – for example, a group of shareholders, thereby making the Chief Executive Officer (CEO) responsible for ensuring that the responsibilities of the “owner” are fulfilled – this section effectively makes the CEO the “owner`s representative” and we can therefore replace the CEO in place of the employer in subsections 2(1) and 2(2). The effect of these articles is to put the entire burden of health and safety on the shoulders of one person – the CEO. Second, if no permits or permits have been granted – in other words, exploration activities are conducted “illegally”, then the owner is the person for whom the activities are conducted. It is important to realize that the “independent contractor” performing the work is not considered the owner. This means that mines should urgently begin reviewing draft Chapter 2 of the MHSA Regulations so that an appropriate transition plan for the implementation of the new appointment structures and the division of duties and responsibilities can be created once the new Chapter 2 is proclaimed. All legal appointments must be made on official company letterhead, dated and signed by the agent and the person making the appointment. Letters of appointment are usually couched in very general terms – this serves to protect the employer when a regulation is repealed, amended or supplemented.