CEOs to be held criminally accountable for SA miner deaths 24th November 2008

New legislation was passed in South Africa on Friday (21st November) which will enforce stricter penalties on heads of mining companies and hold them criminally responsible for fatalities.

The country's mines have suffered from a poor safety record over the past few years, with 221 worker deaths during 2007, up from the figure of 200 for the previous year.

The new laws mean that companies can now be fined R1 million (up from R200,000), while a criminal liability clause allows Chief Executives and Managers to be prosecuted if found guilty of causing death or injury.

A memorandum attached to the final bill read: "The (law) is premised on the principle that the responsibility for health and safety lies with the employers (owners of mines)."

However, the move has been criticised strongly by the Chamber of Mines - the mining industry representative in the country - which has described the laws as "too punitive".

But if the bill comes into force after being signed by president Kgalema Motlanthe, it will also mean that mine accident investigations will be held within ten days, while reports will be put together within 30 days.

Furthermore, safety inspectors will be permitted to enter mines at any time to conduct questioning and to examine documents, and will be able to shut down any facility in breach of safety regulations.

There have already been a number of instances of the government stepping in to close mines temporarily following deaths, further compromising output which has already been affected by the Eskom power crisis.

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Source:


S.Africa passes new mine safety bill (21/11/08)
http://uk.biz.yahoo.com/21112008/323/s-africa-passes-new-safety-bill.html


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