mine and occupational health and safety
ENSafrica is the only law firm in Africa with a dedicated mine and occupational health and safety (MOHS) team, and our senior practitioners have more than 60 years of combined experience in advising international mining houses and multinational corporates on compliance with MOHS law.
We have deep expertise in a wide range of MOHS legal work related to the mining, heavy construction / manufacturing and engineering industries in South Africa, including compensatory and civil (delictual) damages claims.
We provide advice to clients inside and outside the mining industry, including regarding the South African Mine Health and Safety Act 1996 (MHSA), the South African Occupational Health and Safety Act 1993 (OHASA) and legislation dealing with compensation for work-related deaths, injuries and diseases.
Our key differentiator is our ability and capacity to manage matters from start to finish, with our MOHS practitioners appearing personally in informal investigations, formal inquiries, inquests and criminal prosecutions, as well as dealing with civil court proceedings and dispute resolution.
ENSafrica is recognised by top ranking agencies for achieving consistently high standards when working on the continent.
As Africa’s largest law firm with over 600 specialist practitioners, ENSafrica has the capacity to deliver on your business requirements across all major industries and the continent. We are able to leverage our resources to suit your pricing preferences and deliver within your timeframes.
what we offer
We advise on all aspects of MOHS law, including:
- Advice on legislation relating to the mitigation and management of the spread of the Coronavirus (COVID‑19) in South Africa
- Advice on legislation for compensation for work-related deaths, injuries and diseases, such as the South African Occupational Diseases in Mines and Works Act 1973 and the South African Compensation for Occupational Injuries and Diseases Act 1993
- Appeals to the Chief Inspector and appeals and/or review applications to the South African Courts relating to MOHS matters
- Appearing personally at formal investigations, formal inquiries, inquests, criminal prosecutions and applications for compensation relating to MOHS
- Applications for exemption from the provisions of the South African Mine Health and Safety Act 1996 (MHSA) and the South African Occupational Health and Safety Act 1993 (OHASA)
- Civil litigation and dispute resolution in respect of MOHS matters
- Disciplinary and other action in respect of MOHS matters, as well as appearing personally in relation to disputes in these types of matters
- Due diligence investigations and legal compliance audits pertaining to MOHS law
- Labour policy alignment with regard to MOHS obligations
- Legally required appointment letters in terms of the MHSA and the OHASA
- MOHS law auditing
- MOHS law training
- Representations in opposition to prohibition (including closure) and compliance orders issued in terms of the MHSA and the OHASA
- Representations on proposed amendments to MOHS law, including legislation for compensation for work-related deaths, injuries and diseases
- Research and opinions on new developments in MOHS law
- Statutory and regulatory compliance in terms of the MHSA and the OHASA, and preparation of legally privileged documentation
- Support on administrative and constitutional law issues applicable to MOHS matters
- Written correspondence, representations and submissions to the South African Department of Mineral Resources and Energy and the South African Department of Labour
- Written representations following recommendations to impose administrative fines in terms of the MHSA
- Written representations following recommendations to suspend or cancel certificates of competency in terms of the MHSA