ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 2025
, OHS2602
Assignment 2 Semester 1 2025
Unique Number:
Due Date: 2025
Occupational Health and Safety Law IIB
Question 1
Duty of an Employer at a Mine Not Being Worked in Terms of the MHSA
The Mine Health and Safety Act (MHSA) 29 of 1996 governs the health and safety of
mines in South Africa. According to the Act, an employer remains responsible for the
health and safety of a mine until they obtain a closure certificate. This responsibility
continues even if the mine is no longer operational (MHSA, 1996, s.2).
1. Legal Obligation Until Closure Certificate
Section 2 of the MHSA states that the employer remains accountable for any safety
risks until a closure certificate is issued by the Department of Mineral Resources and
Energy (DMRE). This means that even if mining has stopped, the mine owner still has
legal obligations.
2. Security Measures to Prevent Illegal Access
The mine owner must take reasonable steps to prevent unauthorized persons,
including illegal miners (zama zamas), from entering the premises. This includes:
Fencing off dangerous areas
Sealing open shafts
Posting warning signs
Hiring security personnel