Does the appointment of a safety officer relieve a person of personal responsibility? (a) appoint one or more qualified officers and, where more than one officer is appointed, ensure that the duties of the officers do not overlap; (3) If no general manager has been appointed in accordance with subsection (1), the employer shall perform the duties of chief executive officer within the meaning of this Act. The Act is cleverly structured because it recognizes that the nature of the mine`s operations may prevent the CEO from personally ensuring that the responsibilities of the owner are fulfilled, and so Section 2A(2) provides that the CEO appoints a person to act on his or her behalf. The wording of this section makes it very clear that if the person appointed by the CEO acts negligently, the CEO always bears full responsibility and, therefore, full responsibility. This responsibility is reiterated in paragraph 4 below. The MPRDA requires that once a mine has been fully operational and all mining activities have ceased, the employer or owner must obtain a «certificate of closure» from the DMR that effectively terminates the employer`s or owner`s responsibility for health and safety at the mine. Decommissioning certificates are rarely issued, so this subsection extends responsibility for health and safety long after the mine has ceased operations. (a) ensure, as far as practicable, that the mine is designed, constructed and equipped. The appointment of a qualified person in accordance with rule 184.108.40.206 does not relieve the preceding engineer of any personal liability for the period in which he or she was supervised. (2.10.2) The general manager shall not permit incompetent or inexperienced workers to be employed in dangerous work on which the safety of persons depends. (2.17.4) If two or more safety officers have been appointed, the General Manager shall appoint at least one safety officer as a safety officer. Where only one safety officer has been appointed, he or she shall perform the duties of the safety officer and the chief safety officer. Problems related to the management of disused mines by illegal miners are therefore the responsibility of the employer/owner and raise the question: to what extent should an owner protect old mines, are fences and signage sufficient, or should armed guards be placed at old mine entrances? The fact that so many illegal miners had access to former quarries suggests that the owner did not comply with subsection 2.
(2) Can the manager of a mine appoint himself as an engineer? We are not concerned with the entire legal appeal structure – we are only interested in appointments that directly affect exploration drilling – so I will limit our review to those appointments. Table 1 summarizes the major legal appointments that will affect an exploration drilling contractor. Subsection 2(2) is very important in the current climate because it states that even after mining operations have ceased, the employer (owner) must ensure that no one suffers injury or damage in or because of the mine. It is clear that the manager who appoints this person must ensure that he or she is «competent» – this is extremely important because the wording or the passage makes it very clear that even if the manager has appointed someone as a junior manager, he or she is still responsible for anything that can go wrong. Managers will therefore be very demanding in the way the 2.6.1 officer performs his daily tasks. 2. (1) The employer of an operated mine shall – § 3 skillfully require that if more than one director is appointed that their duties and responsibilities do not overlap – this is very important. The section goes further by requiring the employer/CEO to provide managers with everything they need to perform their duties, and for the employer/CEO to verify that managers are actually performing their duties. (220.127.116.11) The appointment of a qualified person within the meaning of rule 18.104.22.168 shall not result in a professional engineer reporting directly to that person or to any other person through that qualified person. Article 2.9.2 (Minerals Act): The manager shall appoint the necessary persons to assist in enforcing this compliance. Appointment of responsible and competent persons in accordance with the Mining Health and Safety Act, No. Section 29 of 1996 («MHSA») and regulations have always been difficult for several reasons, including: a) various key appointments are still required under the old regulations that survived the Mining and Works Act 1956, the Minerals Act 1991 and now the provisions of Schedule 4 of the MHSA (such as technical appointments and responsibilities).
(b) the enactment of new regulations under the MHSA, where, in many cases, the responsibility rests with the «employer» and not with the «manager» as was often the case with the old regulations, and (c) some appointments are required under the sections of the MHSA. All of this means that there are many appointment provisions throughout the MHSA and regulations, and implementing a compliant appointment structure requires a thorough knowledge and understanding of how the various regulations and sections of the MHSA work together to ensure that the statutory appointment structure is properly implemented. (2.10.14) The manager shall submit plans and specifications approved by an engineer to the Chief Inspector of Mines for approval.