When Is A Workplace Safe Or Unsafe?: The Safety Criterion In Terms Of The Occupational Health And Safety Act And The Mine Health And Safty Act - Mine And Occupational Health And Safety 2010 - 1 Statute And Common Law

Occupational health and safety is regulated by statute and common law. South Africa has, like many other countries, legislated extensively on occupational health and safety. Despite the body of legislation, the common law continues to play an important role as far as it concerns contractual, delictual and criminal liability. Two major Acts regulate occupational health and safety viz. the Occupational Health and Safety Act, No. 85 of 1993 (?OHASA?) and the Mine Health and Safety Act, No. 29 of 1996 (?MHSA?). The MHSA applies to mines and works as defined and related aspects. OHASA applies to other industries but does not apply to employers and workplaces to which the MHSA and certain matters covered by the Merchant Shipping Act, No. 57 of 1951 apply. See section 1(3) of OHASA. 2 The employer?s health and safety obligations in terms of the MHSA 2.1 Section 2(1) of the MHSA provides amongst others, as follows: ?The employer of every mine that is being worked must: (a) ensure, as far as reasonably practicable, that the mine is designed, constructed and equipped: (i) to provide conditions for safe operation and a healthy working environment (ii) ... (b) ensure, as far as reasonably practicable, that the mine is commissioned, operated, maintained and decommissioned in such away that employees can perform their work without endangering the health and safety of themselves or of any other person?.