OHS2602 Assignment 2
(COMPLETE
ANSWERS) Semester 1
2025 - DUE April 2025
For assistance contact
Email:
, 1. Duty of an Employer at a Mine Not Being Worked in Terms of the MHSA
The Mine Health and Safety Act 29 of 1996 (MHSA) places significant duties on employers to
ensure the health and safety of employees at mines. The statement correctly highlights that this
responsibility can extend even to mines that are no longer being actively worked, provided the
owner has not obtained a closure certificate. This is a crucial aspect of the MHSA aimed at
preventing harm arising from abandoned or de-commissioned mining operations.
In terms of the MHSA, the duty of an employer at a mine that is not being worked, but for which
a closure certificate has not been obtained, can be understood by examining several key
provisions:
1. Section 5: Employer's General Duty Regarding Health and Safety:
This section lays the foundation for the employer's responsibility. It states that every employer
must, as far as reasonably practicable, provide and maintain a working environment that is safe
and without risk to the health of employees. This general duty extends to all workplaces at the
mine, including areas that are not currently being actively mined but remain under the employer's
control pending closure certification. Therefore, the employer has a continuous obligation to
assess and mitigate potential hazards in these areas.
2. Section 11: Duty to Maintain a Safe Working Environment:
This section elaborates on the general duty by requiring employers to take reasonably practicable
measures to ensure that the mine is designed, constructed, and equipped in a manner that
provides a safe working environment. Even in a non-operational mine, this duty persists. For
example:
Maintaining the structural integrity of the mine: Employers must ensure that tunnels,
shafts, and other underground workings are stable and do not pose a risk of collapse, even
if no active mining is taking place. This may involve ongoing monitoring and
maintenance of support structures.
Securing hazardous areas: Areas containing residual hazards, such as unstable ground,
dangerous machinery left in place, or potentially toxic materials, must be adequately
secured to prevent unauthorized access and potential harm. This includes proper
barricading, signage, and other warning mechanisms.
Managing residual risks: Even after active mining ceases, certain risks may remain,
such as the accumulation of flammable gases, the presence of contaminated water, or the
potential for ground instability due to past mining activities. The employer has a duty to
identify, assess, and take reasonably practicable measures to manage these residual risks.
3. Section 12: Duty to Provide Information, Instructions, Training, and Supervision:
While there may not be "employees" in the traditional sense actively working in a non-
operational mine, the employer's responsibility extends to individuals who may legitimately
access the property for purposes related to closure, environmental monitoring, or security. The
(COMPLETE
ANSWERS) Semester 1
2025 - DUE April 2025
For assistance contact
Email:
, 1. Duty of an Employer at a Mine Not Being Worked in Terms of the MHSA
The Mine Health and Safety Act 29 of 1996 (MHSA) places significant duties on employers to
ensure the health and safety of employees at mines. The statement correctly highlights that this
responsibility can extend even to mines that are no longer being actively worked, provided the
owner has not obtained a closure certificate. This is a crucial aspect of the MHSA aimed at
preventing harm arising from abandoned or de-commissioned mining operations.
In terms of the MHSA, the duty of an employer at a mine that is not being worked, but for which
a closure certificate has not been obtained, can be understood by examining several key
provisions:
1. Section 5: Employer's General Duty Regarding Health and Safety:
This section lays the foundation for the employer's responsibility. It states that every employer
must, as far as reasonably practicable, provide and maintain a working environment that is safe
and without risk to the health of employees. This general duty extends to all workplaces at the
mine, including areas that are not currently being actively mined but remain under the employer's
control pending closure certification. Therefore, the employer has a continuous obligation to
assess and mitigate potential hazards in these areas.
2. Section 11: Duty to Maintain a Safe Working Environment:
This section elaborates on the general duty by requiring employers to take reasonably practicable
measures to ensure that the mine is designed, constructed, and equipped in a manner that
provides a safe working environment. Even in a non-operational mine, this duty persists. For
example:
Maintaining the structural integrity of the mine: Employers must ensure that tunnels,
shafts, and other underground workings are stable and do not pose a risk of collapse, even
if no active mining is taking place. This may involve ongoing monitoring and
maintenance of support structures.
Securing hazardous areas: Areas containing residual hazards, such as unstable ground,
dangerous machinery left in place, or potentially toxic materials, must be adequately
secured to prevent unauthorized access and potential harm. This includes proper
barricading, signage, and other warning mechanisms.
Managing residual risks: Even after active mining ceases, certain risks may remain,
such as the accumulation of flammable gases, the presence of contaminated water, or the
potential for ground instability due to past mining activities. The employer has a duty to
identify, assess, and take reasonably practicable measures to manage these residual risks.
3. Section 12: Duty to Provide Information, Instructions, Training, and Supervision:
While there may not be "employees" in the traditional sense actively working in a non-
operational mine, the employer's responsibility extends to individuals who may legitimately
access the property for purposes related to closure, environmental monitoring, or security. The
