Chapter 6 Minister's Powers

75. Minister may prohibit or restrict work

1) For any reason relating to health or safety, the Minister by notice in the Gazette, may prohibit or restrict any work or any exposure of a person to a substance or an environmental condition, if--

1. the Minister has consulted the Council on the prohibition or restriction; and

2. unless the Minister believes that the public interest requires the notice to be published immediately, the Minister has--

   1. published a draft of the proposed notice at least three months previously; and
   2. at that time invited interested persons to submit comments and representations concerning the proposed notice within a specified period.

2) The Minister may attach any conditions to a Prohibition or restriction by specifying them in the published notice.

3) The Minister, after consulting the Council, may amend or withdraw a notice under subsection (1) at any time.

76. Minister may declare health hazards

1) The Minister by notice in the Gazette, may declare that an environmental condition or a substance present at a mine is a health hazard to employees who are or may be exposed to that condition or substance, if--

1. the Minister has consulted the Council on the issuing of the declaration; and

2. unless the Minister believes that the public interest requires the notice to be published immediately, the Minister has--

   1. published a draft of the proposed notice at least three months previously; and
   2. at that time invited interested persons to submit comments and representations concerning the proposed notice within a specified period.

2) In connection with any health hazard, the Minister, after consulting the Council, by notice in the Gazette, may--

1. impose conditions on the performance of work by employees exposed to the health hazard;
2. stipulate the standards of fitness for an employee to perform work involving exposure to the health hazard;
3. require employers to take measures to eliminate, control and minimise health risks associated with the health hazard;
4. require employers to conduct specified occupational hygiene measurements;
5. require employers to conduct specified medical surveillance in respect of employees exposed to the health hazard, and
6. provide for any other matter that the Minister considers necessary to protect employees exposed to the health hazard.

77. Application of Minister's notice

A notice under either section 75 or 76 may differentiate between mines, types of mines, parts of a mine, occupations and types of work.

78. Exemption from Minister's notice

1) A notice under either section 75 or 76 may exempt a particular person or group of persons from compliance with that notice if the Minister is satisfied that any of the following conditions exists--

1. in the circumstances the exemption is desirable;
2. the performance of the work by that person or group of persons is temporary; or
3. the risk to which that person or group of persons is exposed is negligible.

2) The Minister, after consulting the Council, may cancel an exemption granted under subsection (1) at any time.

79. Exemption from all or part of this Act

1) The employer of a mine may request an exemption from the Minister, and if satisfied that the employer has consulted appropriately with the affected employees or their representatives, the Minister may exempt the employer from any or all the provisions of this Act or from a notice or instruction issued under this Act. An exemption may be--

1. general or particular;
2. for any period; and
3. on any conditions that provide the same overall protection which would result from the full application of this Act.

2) When an exemption is granted under subsection (1), the Minister must issue a certificate of exemption to the employer, specifying the scope, period and conditions of the exemption.

3) The Minister may amend or withdraw a certificate of exemption at any time.

4) The employer must prominently and conspicuously display any exemption granted, or deemed to have been granted, under this section to the employees to read.

80. Minister may apply other laws to mine

1) After consulting the Council, the Minister, by notice in the Gazette, may declare that any provision of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993). or any regulation made under that Act, or the provisions of any other Act or regulations, must apply to a mine.

2) A declaration in terms of subsection (1) may differentiate between mines, types of mines, parts of a mine, occupations and types of work.

81. Minister to table annual report

1) Within 30 days of receiving the annual report of the Chief Inspector of Mines, the Minister must table it in Parliament.

(The Occupational Health and Safety Act provides for the health and safety of persons at work and for the establishment of an advisory council for occupational health and safety.)

2) If Parliament is not in session at the end of the period referred to in subsection (1), the Minister must table the report within 14 days of the beginning of the next session of Parliament.