1) Any person, other than an employer, commits an offence who contravenes, or fails to comply with, any--
a) provision of this Act;
b) regulation; or
c) condition, suspension, notice, order, instruction, prohibition, authorisation, permission, consent, exemption, certificate or document determined, given, issued, promulgated or granted by or under this Act by the Minister, Chief Inspector of Mines, inspector, any person authorised under section 49(4) or any person to whom any power has been delegated or the performance of any duty has been assigned under section 96.
1A) Any employer who contravenes, or fails to comply with, section 62, 63(3), 71, 85, 86, 88, 89 or 90 commits an offence.
1B) Any employer is liable to a fine in terms of section 55D if the employer contravenes, or fails to comply with, any--
a) provision of this Act, other than a provision referred to in subsection (1A), or any provision of Chapter 3 or section 83;
b) regulation; or
c) condition, suspension, notice, order, instruction, prohibition, authorisation, permission, consent, exemption, certificate or document determined, given, issued, promulgated or granted by or under this Act by the Minister, Chief Inspector of Mines, inspector, any person authorised under section 49(4) or any person to whom any power has been delegated or the performance of any duty has been assigned under section 96.
1C) Despite subsection (1B), any employer who contravenes or fails to comply with any standard in a code of practice prepared in terms of section 9(2) is not liable to a fine in terms of section 55D if--
a) the standard exceeds any compulsory standard in any relevant guideline issued by the Chief Inspector of Mines; and
b) the conduct constituting the contravention or failure complies with the compulsory standard in any relevant guideline issued by the Chief Inspector of Mines.
2) Despite subsection (1)(a), a contravention of the provisions of Chapter 3 or section 83 does not constitute an offence.
(Chapter 3 deals with health and safety representatives and committees.)
3) A person appointed under section 4(1) to perform any function entrusted to an employer by this Act commits an offence if that person fails to exercise reasonable care in performing that function.
4) Any chief executive officer or member of the board contemplated in section 2A who performs a function in terms of section 2A(1) or (3) commits an offence if that person fails to take reasonable steps in performing that function.