South Africa’s Mine Health and Safety Act (“MHSA”) regulates the safety of mine workers in South Africa. It puts the onus of safety and health directly onto employers. With proposed amendments introduced in 2024, employers need to stay apprised of any changes to avoid penalties and ensure compliance.
What is the MHSA?
The MHSA was introduced in 1996 to protect mine workers from health and safety risk incidents and has evolved as relevant risks in the mining industry continue to emerge over time. The Act is outcome-based, which means it focuses on results rather than strict adherence to prescriptive regulations. Thus, it now becomes the duty of an employer to maintain proper health and safety standards in all their mining operations.
The MHSA has been amended several times with significant amendments in 1997 and 2008. The most recent MHSA addition for 2024 introduced further measures to enforce safety, as well as an enhancement in compliance within the mining sector.
Employer Responsibilities under the MHSA
Health and Safety Compliance in Mines
Employers in the mining sector are required to comply with health and safety regulations under the MHSA. These activities include ensuring all necessary protective equipment (“PPE”) meet with all safety requirements and follow correct procedures. Employers must carry out risk assessments to ensure all workers receive adequate health and safety training. Failing to act can result in steep penalties or even criminal charges in the event of injury and possible loss of life.
The Role of the Employer in Workplace Safety
The 2024 revisions have made it clear that employers can no longer delegate responsibility for health and safety in the workplace. Employers must now take practicable steps to comply with this requirement themselves and cannot do so by engaging others. In addition, it is now imperative that employers keep detailed records of safety inspections, incident reports and most importantly, what corrective actions were taken.
Breakdown of Employer Responsibilities under the MHSA
| Responsibility | Description |
| Risk Assessments | Employers must identify and mitigate risks to employee health and safety. |
| Health and Safety Training | Mandatory training for all employees on workplace hazards. |
| Personal Protective Equipment (PPE) | Employers must provide suitable PPE, including for diverse staff requirements. |
| Incident Reporting | All workplace accidents must be reported to the MHSA Inspectorate. |
| Compliance with Safety Codes | Employers must implement and comply with approved safety codes of practice. |
Key Changes in the MHSA Amendment Bill, 2024
The 2024 Amendment Bill introduces significant proposed changes aimed at better implementation and accountability under the Act. Below are a few of the most important updates.
Tougher Penalties and Fines for Non-Compliance
The 2024 amendments propose substantial increases in penalties for non-compliance. An Employer can face up to 10% of their annual turnover if found guilty of violating health and safety regulations. The rationale is to provide a strong deterrent against negligence.
The consequences of non-compliance can be extremely severe, with fines and mining rights being revoked or suspended, and increased criminal liability in cases where there are fatalities, serious injuries or health-threatening occurrences, thus highlighting the strict adherence to compliance, especially in high-risk operations.
Increased Accountability for CEOs and Employers
One of the biggest changes from this bill is the complete removal of the “reasonable steps” provision. Under the previous version of the Bill, Employers could offload health and safety responsibilities to their procurement department or consultants, just so long as they took reasonable steps in monitoring compliance. However, under the proposed 2024 amendments, employers must be even more accountable and personally ensure that all safety measures have been followed. The Act now explicitly prohibits a board member from appointing another director to perform their duties.
Comparison of Penalties under Previous MHSA and the 2024 Amendment Bill
| Violation | Previous Penalty | 2024 Amendment Penalty |
| Non-compliance resulting in fatality | Up to ZAR 1,000,000 fine | Up to 10% of annual turnover or withdrawal of mining rights |
| Obstructing safety administration | ZAR 2,000,000 fine | ZAR 8,000,000 fine |
| Failure to report incidents | Minor penalties | Substantial fines and potential criminal charges |
Changes in Training Requirements and PPE
The proposed amendments now remove the phrase “as far as reasonably practicable” from training standards. Employers will now be required to ensure all employees have been trained for their particular job and the associated hazards, leaving no room for interpretation.
The new Bill furthermore makes it mandatory for employers to make available all requisite PPEs that are a proper fit for both genders and which is accessible and appropriate.
Legal Implications for Employers under the MHSA
Liability for Workplace Accidents and Fatalities
The legal risks for employers are significantly heightened in cases of workplace accidents. If a breach of the MHSA results in injury or fatality to an employee, irrespective of who did the act or made the omission for which they are liable, the employer can be held responsible. Employers will now need to be more proactive regarding health and safety practices, ensuring that all safety measures are implemented and that records are meticulously kept.
The Role of Inspectors and Prosecutions
With the current MHSA, inspectors can enter any mine at any time to conduct inspections. Should they find any violations, they can halt operations and impose prohibitions on site until appropriate corrections are made. The proposed amendments give inspectors more powers to close down dangerous sites and collect evidence. Where non-compliance causes serious injury or death, inspectors can recommend prosecution for manslaughter and other offences.
The Impact of the MHSA on Mining Operations
Managing Health and Safety Protocols
Employers must actively manage and monitor their health and safety protocols to comply with the MHSA. This includes creating codes of practice, performing regular audits, and collaborating with health and safety representatives or committees.
The anticipated amendments for 2024 also bring in tougher requirements for consulting with health and safety committees prior to making any changes to safety-related processes. If a health and safety committee is not in place, employers are required to consult with elected safety representatives.
Environmental and Occupational Hygiene Obligations
Employers are now required to appoint qualified individuals in mine environmental control and occupational hygiene. These specialists must ensure that mines maintain healthy working environments and that proper hygiene standards are followed to prevent occupational diseases.
Occupational Hygiene Obligations under the MHSA
| Responsibility | Requirement |
| Mine Environmental Control | Employers must appoint qualified personnel to manage environmental conditions. |
| Occupational Hygiene | Employers must ensure proper hygiene standards to prevent diseases. |
| Medical Surveillance | Regular health screenings must be conducted for workers at risk of exposure. |
Moving Forward with MHSA Compliance
The 2024 amendments to the MHSA impose greater responsibilities on employers to ensure compliance and accountability. With increased penalties, more rigorous training requirements, and expanded authority for inspectors, employers are required to take a proactive stance on health and safety in mining operations.
For employers, this entails not just following the law but also cultivating a safety culture that prioritizes the well-being of every employee. As the mining industry progresses, health and safety protocols must also adapt to protect its workforce.
Key Takeaways for Employers:
- Ensure all health and safety protocols are up to date and fully implemented;
- Provide comprehensive training for all employees, with no exceptions;
- Be proactive in managing safety risks and maintaining detailed compliance records; and
- Understand the increased legal implications of the 2024 amendments, including higher fines and personal accountability for top management.
By staying informed and taking proactive steps, employers can steer clear of the significant penalties linked to non-compliance and help foster a safer, more sustainable mining industry.For more information on the new 2024 MHSA Amendments, you can access the official government guidelines here.
For expert legal assistance in handling regulatory compliance for mining projects, partner with Bishop Fraser Attorneys—trusted advisors in South Africa’s mining sector.
