MHSA Legal Liability Workshop

The programme

Programme overview

Effective legal compliance is essential for maintaining safe, responsible and legally compliant mining operations. This one-day MHSA Legal Liability programme provides participants with a practical understanding of the Mine Health and Safety Act (MHSA) and other key legislation governing occupational health and safety, labour relations and corporate governance. Delegates will gain the knowledge required to understand statutory obligations, minimise legal risks, manage workplace incidents and ensure compliance with applicable legislation. The MHSA Legal Liability Workshop is designed for operational personnel and managers responsible for making decisions that impact health, safety and legal compliance.

Who should attend

Who is this programme for?

This MHSA Legal Liability programme is designed for:

• Chief Executive Officers (CEOs)
• Compliance Managers and Officers
• General, Regional and Business Managers
• Project and Contractor Managers
• Engineering Managers and Engineers
• Human Resources Managers and Practitioners
• Health, Safety and SHEQ Managers
• Safety Officers and Safety Practitioners
• Mine Overseers, Foremen and Supervisors
• Occupational Hygienists
• Surveyors and Geologists
• Training Coordinators and Administrators
• Heads of Department
• Statutory Appointees and Acting Appointees
• Any employee responsible for making decisions relating to health, safety and legal compliance.

This MHSA Legal Liability course is ideal for anyone with legal responsibilities or accountability for occupational health and safety within the mining environment

Learning outcomes

What you will learn

Upon successful completion of this MHSA Legal Liability Workshop, participants will be able to:

• Understand the legal framework governing health and safety within the mining industry.
• Interpret key legislation and statutory compliance requirements.
• Identify legal duties, responsibilities and potential liabilities of employers and employees.
• Apply legal principles to risk management, incident investigations and workplace compliance.
• Implement best practices to improve organisational governance and reduce legal exposure.

Explore the programme

Detailed programme outline

Session 1: Introduction to Legal Liability

• Overview of the South African Legal System
• Sources of Legal Liability
• Common Law and Law of Delict
• General Legal Liability
• Constitutional Principles

Session 2: Legislative Framework

• Mine Health and Safety Act (MHSA)
• Occupational Health and Safety Act (OHSA)
• COIDA and ODMWA
• Labour Relations Act
• Basic Conditions of Employment Act
• Employment Equity Act
• Unemployment Insurance Act
• PAJA, PAIA and POPIA
• Statutory Offences and Penalties

Session 3: Governance and Compliance

• Interpreting Legislation
• Health and Safety Legislation
• Codes of Practice (COPs)
• Corporate Governance
• Statutory Appointments
• Skills Development and Competency Requirements
• Mining Charter Requirements
• Relevant Regulations and Construction Regulations

Session 4: Risk, Incident and Contractor Management

• Risk Assessment and Legal Risk Management
• Manufacturer’s Liability
• Incident Investigation and Reporting
• Occupational Health and Hygiene
• Emergency Preparedness and Response
• Contractor Management
• Health and Safety Management Systems
• Principles of Auditing

Session 5: Enforcement and Practical Application

• Inspector Powers, Inspections, Investigations and Inquiries
• Administrative Justice (PAJA)
• Case Law and Legal Precedents, including:State vs RussellState vs Johan VeldsmanBezuidenhout vs EskomSouth African Railways and Harbours vs MaraisState vs Lambrecht

Learning approach

How you will learn

Our diverse instructional approaches ensure effective learning:

– Lectures & Presentations: Engage with expert-driven, stimulating content.– Course Material: Access well-crafted supporting resources.– Group Work: Collaborate on discussions and case studies for practical insights.– Workshops & Role-Play: Participate in immersive, scenario-based activities.– Practical Application: Focus on applying theoretical knowledge in real situations.– Post-Training Support: Receive extensive support after training for skill implementation.

Discuss your requirements

Dates, duration & arrangements

Contact Ratomac to confirm dates, duration, delivery format, entry requirements and any applicable assessment or certification before booking.