1) The Chief Inspector of Mines must, after consulting the Council, issue guidelines regarding--
a) the referral for criminal prosecution of any offence in terms of this Act or the common law;
b) the recommendation of fines by an inspector in terms of section 55A; and
c) the imposition of fines and the appropriate levels of fines to be imposed in terms of section 55D.
2) The guidelines contemplated in subsection (1)(b) and (c) must--
a) provide that the effect of the employer's conduct in respect of health and safety matters on the amount of a fine imposed in terms of section 55D, must be indicated, including the extent to which--
i) the employer's compliance record, health and safety record or inadequate or no steps taken to rectify the problem has resulted in an increase of the fine; and
ii) the implementation of a health and safety policy by the employer, the employer's compliance record, health and safety record or adequate steps taken to rectify the problem has resulted in a decrease of the fine; and
b) determine categories of non-compliance by employers for the purposes of section 55A(2).
3) In determining the categories contemplated in subsection (2)(b), the Chief Inspector of Mines may differentiate between mines, types of mines, parts of a mine, occupations and types of work.