(1) The employee has the right to leave any working
place whenever -
(a) circumstances arise at that working place which,
with reasonable justification, appear to that employee to pose a serious danger
to the health or safety of that employee; or
(b) the health and safety representative responsible
for that working place directs that employee to leave that working place.
(2) Every employer, after consulting the health and
safety committee at the mine, must determine effective procedures for the
general exercise of the rights granted by subsection (1), and those procedures
must provide for -
(a) notification of supervisors and health and
safety representatives of dangers which have been perceived and responded to in
terms of subsection (1);
(b) participation by representatives of employer and
representatives of the employees in endeavouring to resolve any issue that may
arise from the exercise of the right referred to in subsection (1);
(c) participation, where necessary, by an inspector
or technical adviser to assist in resolving any issue that may arise from the
exercise of the right referred to in subsection (1);
(d) where appropriate, the assignment to suitable
alternative work of any employee who left, or refuses to work in, a working
place contemplated in subsection (1); and
(e) notification to any employee who has to perform
work or is requested to perform work in a working place contemplated in
subsection (1) of the fact that another employee has refused to work there and
of the reason for that refusal.
(3) If there is no health and safety committee at a
mine, the consultation required in subsection (2) 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.