(1) Every employer must -

(a) identify the hazards to health or safety to which employees may be exposed while they are at work;

(b) assess the risks to health or safety to which employees may be exposed while they are at work;

(c) record the significant hazards identified and risks assessed; and

(d) make those records available for inspection by employees.

(2) Every employer, after consulting the health and safety committee at the mine, must determine all measures, including changing the organisation of work and the design of safety systems of work, necessary to -

(a) eliminate any recorded risk;

(b) control the risk at source;

(c) minimize the risk; and

(d) in so far as the risk remains -

(i) provide for personal protective equipment; and

(ii) institute a programme to monitor the risk to which employees may be exposed.

(3) Every employer must, as far as reasonably practicable, implement the measures determined necessary in terms of subsection (2) in the order in which the measures are listed in the paragraphs of that subsection.

(4) Every employer must -

(a) periodically review the hazards identified and risks assessed, including the results of occupational hygiene measurements and medical surveillance, to determine whether further elimination, control and minimisation of risk is possible; and

(b) consult with the health and safety committee on the review.

(5) Every employer must -

(a) conduct an investigation into every -

(i) accident that must be reported in terms of this Act;

(ii) serious illness; and

(iii) health-threatening occurrence;

(b) consult the health and safety committee on investigations in terms of this section;

(c) conduct an investigation in co-operation with the health and safety representative responsible for the working place in which the investigation takes place;

(d) on completion of each investigation, prepare a report that -

(i) whenever possible, identifies the causes and the underlying causes of the accident, serious illness or health-threatening occurrence;

(ii) identifies any unsafe conditions, acts, or procedures that contributed in any manner to the accident, serious illness or health-threatening occurrence; and

(iii) makes recommendations to prevent a similar accident, serious illness or health-threatening occurrence; and

(e) deliver a copy of the report referred to in paragraph (d) to the health and safety committee. If there is no health and safety committee the employer must deliver a copy of the report to the health and safety representative responsible for the working place.

(6) An investigation referred to in subsection (5) may be held jointly with an investigation conducted by an inspector in terms of section 60.

(7) If there is no health and safety committee at a mine, the consultations required in this section must be held with -

(a) the health and safety representatives; or

(b) if there is no health and safety representative at the mine, with the employees.