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Cape Town, South Africa

Roux W.L.,Brink Cohen Le Roux Inc
Journal of the Southern African Institute of Mining and Metallurgy | Year: 2011

The two major Acts regulating occupational health and safety are the Occupational Health and Safety Act, No. 85 of 1993 (OHASA) and the Mine Health and Safety Act, No. 29 of 1996 (MHSA), are presented. The MHSA applies to mines and works as defined and related aspects and OHASA applies to other industries. The section 2(1) of the MHSA mentions that an employer of every mine that is being worked must ensure, as far as reasonably practicable, that the mine is designed, constructed and equipped to provide conditions for safe operation and a healthy working environment. Another section, Section 5(1) provides that to the extent that it is reasonably practicable, every employer must provide and maintain a working environment that is safe and without risk to the health of employees. Section 8(1) provides that every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees. Source


Roux W.L.,Brink Cohen Le Roux Inc
Journal of the Southern African Institute of Mining and Metallurgy | Year: 2011

The Mine Health and Safety Act, No. 29 of 1996 focuses on the prevention of accidents and diseases and the improvement of health and safety. Section 11 mentions that every employer must identify the hazards to health or safety to which employees may be exposed while they are at work, and assess the risk to health or safety to which employees may be exposed while they are at work. Every employer must periodically review the hazards identified and risks assessed, including the results of occupational hygiene measurements and medical surveillance, to determine whether further elimination, control and minimization of risk is possible. The MHSA require the employer to record significant hazards and significant risks complying section 11(1)(c). Section 8(2)(b), (c) and (d) of the OHASA focuses on taking steps to eliminate or mitigate any hazard or potential hazard to the safety or health of employees, before resorting to personal protective equipment. Source


Le Roux W.,Brink Cohen Le Roux Inc
Journal of the Mine Ventilation Society of South Africa | Year: 2012

T Mankayi, a plaintiff employed by Vaal Reefs Exploration and Mining Company limited, claimed damages arising from alleged silicosis for loss of earnings and medical expenses, as well as general damages for pain, suffering, loss of amenities of life, disablement and reduced life expectancy. The exception was upheld by Mr Justice Joffe in the High Court, where-after Mr Mankayi appealed to the Supreme Court of Appeal. In Truter & Another v Deysel 2006 (4) SA 168 (SCA), the Supreme Court of Appeal was required to decide when prescription began to run in a medical negligence claim. The court claimed that in a intellectual claim, the requirements of fault and unlawfulness do not constitute factual ingredients of the cause of action, but are legal conclusions to be drawn from the facts. Applied to the facts of this case, Deysets cause of action was complete and the debt of Drs Truter and Venter became due as soon as the first known harm was sustained by Deysel. Source


Roux W.L.,Brink Cohen Le Roux Inc | Colyn P.,Brink Cohen Le Roux Inc
Journal of the Southern African Institute of Mining and Metallurgy | Year: 2011

The Mine Health and Safety Act, 29 of 1996 has established a Mine Health and Safety Inspectorate which is administered by the Chief Inspector of Mines. The Chief Inspector must ensure that the provisions of the MHSA are complied with and enforced, and that all the duties imposed upon the Chief Inspector and the other Inspectors of Mines in terms of the MHSA and any other law are performed. The section 27(1) of the Occupational Health and Safety Act, No. 85 of 1993 empowers the Minister of Labor to designate an officer serving in the Department of Labor as Chief Inspector for the purposes of the OHASA. An Inspector may issue the instruction either orally or in writing and when such an instruction has been issued orally, the Inspector must confirm it in writing and give it to the person concerned at the earliest opportunity. The Inspector may give any instruction, which is necessary to protect the health or safety of persons. The Inspector may direct an employer or a user to take steps to comply with a provision of a regulation of the OHASA. Source

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