Amendments to the Mine Health and Safety Act Regulations

On Friday 23 August 2013 the Honourable Minister of Mineral Resources, Minister Shabangu, published two notices in the Government Gazette which amend current regulations to the Mine Health and Safety Act, Act No. 29 of 1996, as amended (MHSA).

Click on the links for the full text of these notices: No. 621 and No. 622. Highlights of the amendments include:

Regulations relating to miscellaneous and general provisions (Notice No. 621):

The intent of this notice appears to be to replace certain words within the MHSA regulation chapter 11 which were arguably initially incorrect. As such, there are limited practical effects of these changes.

However, the following amendments may impact exit certificates, as contemplated in section 14 of the MHSA:
•    The amendment to MHSA regulation 11.3 (viii), now 11.3 (e), to align it with the provisions of MHSA section 17, which requires that the exit medical examination must be completed by an Occupational Medical Practitioner; and
•    The deletion of MHSA regulation 11.3 (d) which previously required that “an up to date copy of the employee’s Record of Hazardous Work in terms of section 14, as per form DME 389 must be attached to the exit certificate”; and
•    The inclusion of a new MHSA regulation 11.9 which states that an up to date copy of the employee’s Record of Hazardous Work must be completed using form DMR 276, be delivered to the Medical Inspector, and be attached to the exit certificate.
Clients are advised to ensure that the requirements of the amended regulations are implemented. Most notably the requirements to complete and deliver form DMR 276 where applicable and to ensure that exit certificates are signed by the appointed Occupational Medical Practitioner.