Chapter 5 Inspectorate of Mine Health and Safety
49. Chief Inspector of Mines' functions

 

 

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1)        Without limiting any statutory duty of any other person in terms of this Act, the Chief Inspector of Mines must--

a)        ensure that the provisions of this Act are complied with and enforced and that every duty imposed upon the Chief Inspector of Mines, the Medical Inspector or inspectors in terms of any other law is performed;

b)        appoint an officer with the prescribed qualifications and experience as the Medical Inspector;

c)        appoint officers with the prescribed qualifications and experience as inspectors;

d)        administer the Mine Health and Safety Inspectorate;

e)        determine and implement policies to promote the health and safety of persons at mines and any person affected by mining activities;

f)          consult with the Council before issuing guidelines on the form, content and distribution of codes of practice referred to in section 9;

(Section 9 requires any employer to prepare a code of practice.)

g)        collect, process and distribute information relating to health and safety;

h)        advise the Minister on health or safety matters at mines;

i)          each year, after consulting the Council and with the approval of the Minister, publish and distribute a plan of action for the activities of the Mine Health and Safety Inspectorate;

j)          complete a report on health and safety at mines and the activities of the Mine Health and Safety Inspectorate for each year and submit the report to the Minister within three months of the end of the year concerned; and

k)        perform any duties relating to health or safety at mines that the Minister directs or prescribes.

 

2)        The Chief Inspector of Mines must furnish a prescribed certificate to the Medical Inspector and to each inspector.

 

3)        Despite the provisions of the Minerals Act , the Chief Inspector of Mines--

a)        has the power to monitor and control those environmental aspects at mines that affect, or may affect, the health or safety of employees or other persons; and

b)        must consult with the officer appointed in terms of section 4 of the Minerals Act concerning the exercise of those powers.

(Section 4 of the Minerals Act deals with the appointment and functions of Directors: Mineral Development under the Department of Mineral and Energy Affairs.)

 

4)        To further the objectives of this Act the Chief Inspector of Mines may--

a)        enter into agreements with other persons; and

b)        authorise a competent independent person to perform any or all the functions of an inspector.

 

5)        The Chief Inspector of Mines must furnish a prescribed certificate to each person authorised under subsection (4)(b).