Mine Health and
Safety Act
Draft Mine Health
and Safety amendment bill proposals include that
any non-compliance by employer be an offence and
requires health and safety permits, training
records for each specific employee and exit
medical examinations within 30 days of
employment terminations.
General
The Minister may
enter any
mine at any time for any reason relating to
health and safety.
An inspector may
make a
recommendation
in writing to the
Chief Inspector of Mines that a fine be imposed
on the employer that has failed to comply with a
provision in
section 91(1B)
and
guidelines
will be provided in
this regard. Any person adversely affected by a
decision of an Inspector, except a decision in
section 55B
or a report in
section 64
of
72,
may
appeal
against that
decision to the Chief Inspector.
No person will be
liable
for
anything done or omitted in good faith when
performing a function or exercising a power
under the Act.
The person
presiding at an
inquiry
may
direct that any evidence given by a person
during an inquiry may not be used in any
criminal or disciplinary proceedings against
that person except in criminal proceedings on a
charge of perjury against that person.
Governance issues
An employer of a
mine being worked cannot perform the functions
of a manager and thereby avoid
appointing
one and cannot use a medical practitioner to
perform the functions of an
occupational
medical practitioner.
An employer must
apply for a
health and safety
permit
to the Chief Inspector as prescribed and pay a
prescribed non-refundable application fee.
Compliance issues
A
record
must
be kept of all training provided to each
specific employee and an
investigation
must be started
within 10 days of the reportable incident and
finished within 30 days thereafter.
An
exit medical
examination
must take place within 30 days after the
services of an employee are terminated if that
employee was required to be subject to a medical
surveillance under the Act.
Any person,
including an employer, commits an
offence
if
they contravene or fails to comply with any
provision of the Act, regulation or condition,
suspension, notice, order, instruction,
prohibition, authorisation, permission, consent,
exemption, certificate or document determines,
given, issued, promulgated or granted by or
under the Act. A new
schedule.
General Notice
R341 Government Gazette 30904 28-3-2008 :
Environment conservation Act
Regulations
for the Prohibition of the Use, Manufacturing,
Import and Export of Asbestos and Asbestos
Containing Materials, 2007.
