24Inadequate health and safety management system

24 Inadequate health and safety management system

(1)  [Section 24 Subsection (1) amended by No. 39 of 2020, s. 25, Applied:27 Dec 2020] A mines inspector, if of the opinion that a health and safety management system for a mine is inadequate, may direct the mine operator to –

(a) [Section 24 Subsection (1) amended by No. 39 of 2020, s. 25, Applied:27 Dec 2020] amend the health and safety management system or any of its components as directed by the mines inspector; or

(b) review and revise the health and safety management system or any of its components in order to address the identified inadequacy.

(2)  A direction is to –

(a) be in writing; and

(b) state reasons for the view that the health and safety management system is inadequate and, in doing so, specify the inadequacy; and

(c) specify the date by which a reviewed and revised health and safety management system is to be implemented; and

(d) [Section 24 Subsection (2) amended by No. 39 of 2020, s. 25, Applied:27 Dec 2020] provide for the reviewed and revised health and safety management system to be reassessed by the mines inspector prior to the date specified for implementation.

(3)  [Section 24 Subsection (3) amended by No. 39 of 2020, s. 25, Applied:27 Dec 2020] [Section 24 Subsection (3) amended by No. 39 of 2020, s. 25, Applied:27 Dec 2020] If a mines inspector directs that a review be undertaken under subsection (1)(b) , the mines inspector may specify the focus of the review.

(4)  A mine operator must comply with a direction under this section.

Penalty:  [Section 24 Subsection (4) amended by No. 39 of 2020, s. 25, Applied:27 Dec 2020] In the case of –