This is an extremely important definition because it fills a serious gap in previous versions of the act. This is because it covers all eventualities – if an exploration licence or mining licence has been legally granted, the owner is the person on whose behalf the licence or licence was granted. (2.17.7) The appointment of a competent person as a security officer involves all duties and responsibilities as a security officer and does not relieve the security officer of his or her personal responsibilities. (ii) in the absence of an exploration authorisation or a mining authorisation, the person for whom the activities provided for in point (b) of the definition of `mine` are carried out, but excluding an independent contractor; A legal appointment is not an exercise on paper, but a formal assumption of legal responsibility. It is essentially a contract that requires the designated person to understand the objectives of the law and the requirements imposed by law. It is extremely important that the appointee has a clear understanding of the duties imposed on him or her by the letter of appointment. 2A (1) Every chair of the board of directors shall take reasonable steps to ensure that the employer`s duties under this Act are properly performed. We are not dealing with the entire legal appeal structure – we are only interested in appointments that directly affect the exploration drilling operation – so I will limit our review to those appointments. Table 1 summarizes the key legal appointments that will affect an exploration drilling contractor. (2.13.5) The principal investigator may apply for the appointment of additional engineers or additional qualified persons if the principal investigator considers that the responsibilities so require. It is also important that the appointee acknowledges that his or her responsibilities are the same as those of the manager, but that they are limited to what is stated in the letter of appointment. It is therefore important that the appointee has a very good understanding of the manager`s responsibilities and responsibilities. Typically, the manager (3.1(a)) requires a principal operating person of the contractor to act as a subordinate manager (2.6.1) – this may be the contract manager or the area manager for the drilling project.
We have also already studied the origins and structure of the Mining Health and Safety Act 29 of 1996 (MHSA). In this article, I would like to examine an important feature of the law – the placement of responsibility through the provisions relating to legal appointments: who is responsible in the event of a problem? Although the wording of these Regulations is not as onerous as that of Rule 2.6.1, the designated person must be aware of his or her responsibilities. A number of other sections of the Act provide for the appointment of persons to support the owner or employer (CEO) and together these sections form a «legal appointment structure» through which the day-to-day functions of the mine can be safely performed. In the first article of this series, we saw that although the Minerals Act 50 of 1991 has been repealed, the provisions of the Minerals Act are still in force. Some appointments are therefore made in connection with the Minerals Act Regulations, while others are made in relation to the Mining Health and Safety Act – this can be confusing. All legal appointments must be made on official company headers, dated and signed by both the agent and the person making the appointment. Letters of appointment are usually worded in a very general way — this serves to protect the employer if a regulation is repealed, amended or supplemented. However, this places an extremely high burden on the Commissioner to ensure not only that he carries out his day-to-day duties, but also keeps abreast of any changes to the Mining Health and Safety Act. It is clear that the manager who appoints this person must ensure that the person is «competent» – this is extremely important because the wording or section makes it very clear that even if the manager has appointed a person as a subordinate manager, he is still responsible for anything that can go wrong.
Managers will therefore be very demanding about how the person named 2.6.1 performs his or her day-to-day duties. Does the appointment of a security guard release a person from personal responsibilities? (5) Any person appointed in accordance with § 3 or § 4 (1) shall perform his duties under the control and direction of the Chairman of the Board of Directors or the person referred to in paragraph 3. Depending on the complexity and structure of the mining or exploration company, contractor personnel may be asked to accept a position of 2.6.1, «subordinate manager», or 2.9.2, «person to assist». Second, if no permits or permits have been granted – in other words, the exploration activities are carried out «illegally», then the owner is the person for whom the activities are carried out. It is important to realize that the «independent contractor» doing the work is not considered the owner. The appointment of a qualified person in accordance with rule 2.13.6.1 does not release the engineer who preceded him from his personal responsibilities for the period during which he was responsible. (2.5.2.2) In the case of a mine where the manager does not hold a certificate for a mine manager, the Chief Inspector may, by written notice to the owner of such a mine, apply for the appointment of a person who holds a certificate for a mine manager. Section 2.6.1 (Minerals Act Regulations): The manager may appoint one or more competent persons as junior managers to assist in the control, management and management of the mine or work, and each of these persons has the same responsibilities under the Regulations as the manager to an extent that can be clearly defined in his or her letter of appointment: Provided that the appointment of these persons does not serve to release the manager from any personal liability in accordance with the regulations. (3) If the employer is a corporation, the duties of chair of the board of directors under subsections 1 and 2 may be performed by a member of the board of directors of the body appointed by the board of directors. The manager may appoint one or more subordinate engineers to assist the engineer in a mine, specify the conditions of these appointments? (2) The appointment of a chief executive officer does not relieve the employer of any obligation imposed on owners by this Act or any other Act. The problems associated with the exploitation of mines disused by illegal miners are therefore the responsibility of the employer/owner and raise the question: to what extent should an owner protect the old farms, adequate fencing and signage, or should armed guards be installed at the old entrances to the mining sites? The fact that so many illegal miners have had access to former farms suggests that the owner has not complied with paragraph 2.
(2). (2.13.6.2) The appointment of a qualified person in accordance with rule 2.13.6.1 shall not result in an engineer being directly accountable to that person or to another person by that qualified person. (2) Without prejudice to any liability of the chief executive officer within the meaning of subsection (1), the chief executive officer may delegate any contemplated function in that subdivision to any person under the control of the chief executive officer who must act under the control and direction of the chief executive officer. In the first of our Legal Focus articles, we discussed the fact that all exploration drilling is regulated by the MHSA, we also saw that the word «drilling» appears once in the law (in a definition!!) and so our challenge is to extract the sections that apply to exploration drilling from the law and then interpret what the law requires — in a number of the following articles in this legal series, we will. Table 1: Legal appointments required by MHSA for an exploration drilling operation. (2.19.5) A safety officer shall notify the person who controls the work place or machinery of any danger to the health or safety of a worker. (2.5.2.1) If more than 50 persons are employed underground at the same time, a person who holds a mine ladder certificate valid for the mine class and issued in accordance with the regulations is appointed as a manager. § 2 (1) clearly gives the employer/owner full responsibility for the health and safety of the planning phase to decommissioning, i.e. the life cycle of the mine. This responsibility is incredibly heavy and leaves no room for the employer to escape responsibility. (2.17.6) Activities in a mine or plant may continue without a safety officer for a maximum period of 60 days in consecutive months, provided that the manager appoints a person qualified to act as a safety officer. Iii.
or, if neither (i) nor (ii) is applicable, the last person who carried out the mine or the legal successor of that person. (b) ensure, to the extent possible, that the mine is commissioned, operated, maintained and decommissioned so that workers can perform their work without endangering their health and safety or that of another person; (2.18.2) Jobs may be combined if the number of persons in a group does not exceed 50. Both sections are found in the Minerals Act Regulations (Part III of the MSSA, as described in the first section of this section).