MHS Act section 4. Employer may entrust functions to another person. 

(1) An employer may appoint any person except a manager to perform any function entrusted to the employer by sections 2 and 3 of this Act.

(2) An employer who appoints a person under subsection (1) must notify the Chief Inspector of Mines of Mines of that appointment within seven days, and must include in that notice -

(a)      the name of the person appointed;

(b)      the nature of the person's functions; and

(c)      the names of the manager or managers over whom that person has control. 

(3)      An employer who appoints a person under subsection (1) must -

(a)      supply each person appointed with the means to perform their functions; and

(b)      take reasonable steps to ensure that they perform their functions. 

(4)      The appointment of a person under subsection (1) does not relieve the employer of any duty imposed on employers by this Act or any other law.

Section 7. Employer to staff mine with due regard to health and safety. 

(1) As far as is reasonably practicable, every employer must -

 (a) ensure that every employee complies with the requirements of this Act;

(b)  institute the measures necessary to secure, maintain and enhance health and safety ;

(c) provide persons appointed under subsections (2) and (4) with the means to comply with the requirements of this Act and with any instruction given by an inspector;

 (d) consider an employee's training and capabilities in respect of health and safety before assigning a task to that employee; and

(e) ensure that work is performed under the general supervision of a person trained to understand the hazards associated with the work and who has the authority to ensure that the precautionary measures laid down by the employer are implemented. 

(2) The employer may appoint any person with qualifications as may be prescribed to perform any function of the employer in terms of this Act. 

(3) The appointment of a person under subsection (2) does not relieve the employer of any duty imposed on employers by this Act. 

(4) A manager may appoint any person with qualifications as may be prescribed to perform any function of the manager in terms of this Act. 

(5) The appointment of a person under subsection (4) does not relieve the employer of any duty imposed on employers of this Act.