Publishing house LexisNexis and author and law firm Brink Cohen Le Roux (BCLR) director and author Willem le Roux have released the Mine Health and Safety Law handbook, a loose-leaf publication that will also be available in electronic format soon.

The book is aimed at providing mining industry professionals with an accessible version of the Mine Health and Safety Act (MHSA) of 1996 with detailed commentary.

Le Roux says that applying the MHSA can be complex and that the Act must be interpreted in conjunction with South African common law as well as other statutes.

“It is difficult to apply some sections of the Act, and this is a challenge experienced by employers as well as the Department of Mineral Resources,” he says.

The handbook deals with legal principles and explains provisions such as relevant sources of law, branches of law, criminal liability of a corporate body and rules that are applicable to the interpretation of the law.

“I also explain the meaning of the statutory health and safety criteria, the duty of care required of the mine employer, adequacy of health and safety measures required by law and [those] responsible for these,” says Le Roux.

Further, the handbook covers aspects such as the reporting of accidents, compulsory record keeping and the disclosure of records.

Also covered in the handbook are other pieces of legislation that impact on mine health and safety, such as the Promotion of Access to Information Act, the Promotion of Administrative Justice Act and the Inquest Act.

“Guidelines issued by the chief inspector of mines in terms of the Mine Health and Safety Act are supposed to be published in the Government Gazette, but none have [been published] and are, therefore, not accessible to the public. “Some can be found on the government website, but this too is not 100% accurate,” says Le Roux.

He provides a lengthy discussion of how provisions should be applied in practice, such as Section 54 closure orders and the circum-stances in which the orders can be issued. Rules applicable to inquiries and the rights and obligations of the parties involved are discussed in detail.

“The book will be of assistance to the mining industry, including trade unions, employers and the Department of Mineral Resources.”

Le Roux was appointed a State advocate in 1976, joined a firm of attorneys in 1981 and cofounded BCLR in 1993.

His areas of specialisation are occupational and mine health and safety, the environment, administrative law, insurance and litigation.

He has represented mining houses and corporations in the chemicals, metals and other industries in inquests, inquiries and litigation of major public interest.

Further, he has represented clients at various commissions concerning violence at mines and health and safety in the mining industry. He has also represented mining houses in litigations arising from silicosis and asbestosis.

Le Roux regularly presents seminars in conjunction with LexisNexis.

He says that, in South Africa, the mining industry has been associated with a lot of controversy; therefore, it is important that people in the industry familiarise themselves with the legislation and understand the health and safety measures required in the mining industry.

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