Mine and Occupational Health and Safety Seminar and 8 March 2017 Presented by ENSafrica

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1 Mine and Occupational Health and Safety Seminar and 8 March 2017 Presented by ENSafrica The Mine and Occupational Health and Safety Seminar, presented by speakers from ENSafrica who specialise in Mine and Occupational Health and Safety Law, has become an institution and is loyally attended by leading health and safety practitioners in the field. Tuesday 7 March 2017 applicable to the Mining Industry Some of the key topics covered on day one at the seminar include: New developments. The health and safety obligations of manufacturers and suppliers of equipment for use at a mine. The obligation of employers to provide formal and informal training to employees. The obligation of employers to ensure that all employees (including contractor employees) are not exposed to health and safety hazards. The liability of the employer, director and manager for damages resulting from work related injuries and diseases: - the Compensation for Occupational Injuries and Diseases Act 130 of 1993; - the Occupational Diseases in Mines and Works Act 78 of 1973; - delictual liability. Contractual limitation of delictual liability: - voluntary assumption of risk; - indemnification; - warranty. Health and Safety Agreements between employers and contractors. The requirements for the validity of an instruction issued in terms of section 54 of the Mine Health and Safety Act 29 of 1996.

2 Wednesday 8 March 2017 applicable to industries outside Mining Some of the key topics covered on day two at the seminar include: New developments. The obligation of the employer to conduct risk assessment in terms of section 8 of the Occupational Health and Safety Act 85 of 1993 ( OHASA ). The vicarious criminal liability of the employer for the conduct of an employee or a mandatary of the employer (section 37(1) (3) of the OHASA). The requirements of an agreement in terms of section 37(2), read with the provisions of section 37(1) of the OHASA, to protect the employer against criminal liability for the conduct of a mandatary. The personal criminal liability of the employee and the mandatary: Section 37(3) of the OHASA. The Construction Regulations, 2014: - What is construction work? - The primary duties of the client, designer, principal contractor and other contractors. The liability of an employer, director and manager for damages resulting from work related injuries and diseases: - the Compensation for Occupational Injuries and Diseases Act 130 of 1993; - the Occupational Diseases in Mines and Works Act 78 of 1973; and - delictual liability. Contractual limitation of delictual liability: - voluntary assumption of risk; - indemnification; - warranty.

3 Why attend the seminar? The Mine and Occupational Health and Safety Seminar is acknowledged as the single best forum on the seminars calendar for keeping abreast of developments in this critical area and obtaining practical advice and guidance. It is presented by speakers with more than 90 cumulative years of experience in their respective fields and specialised expertise in the complicated and challenging area of health and safety law in and outside the mining industry. The speakers encourage an interactive forum and relish being asked questions from attendees relating to concerns or queries. About the speakers: Willem le Roux B Iuris LLB Willem specialises in mine and occupational health and safety law and litigation. He has represented mining interests at the Leon Commission concerning health and safety in the mining industry. Willem assists employers in conducting health and safety audits. He has appeared for mining houses and corporations in the chemical, metal and other industries at prominent inquests and inquiries, criminal prosecutions in mine and occupational health and safety and commercial litigation proceedings. He has represented employers in claims for damages based on silicosis and other lung diseases. Willem has been listed in the Chambers and Partners Global Guide to the World s Leading Lawyers 2017, 2016, 2015 for Energy & Natural Resources: Mining (South Africa) (including Energy & Natural Resources: Mining: Health & Safety), Band 1; The Legal 500 Guide to Outstanding Lawyers 2016, 2015, 2014 Mining (South Africa); Who s Who Legal 2016, 2015, 2014 and 2013 Mining (South Africa); and Best Lawyers 2013 Employee Benefits Lawyer of the Year; Litigation (South Africa). He is the author of Mine Health and Safety Law, Volumes 1 and 2. He and Pieter Colyn are the authors of a Commentary to the Construction Regulations, 2014 and the recently published Occupational Health and Safety Law. All of these publications are published by LexisNexis. Pieter Colyn BLC LLB LLM Adv Dip Labour Law Pieter is a litigation attorney and represents clients primarily in the mining, construction, ferrochrome, steel, vanadium and iron making industries. He has extensive experience in mine and occupational health and safety law; general, corporate and commercial litigation; labour law; environmental law and administrative law. Pieter has represented various corporations and top executive and management personnel in criminal matters and inquests, as well as in accident investigations and inquiries, in particular following major mine and occupational accidents and disasters. He has also assisted employers in dealing with enforcement measures (closure orders, prohibition notices, administrative fines, etc.) and in conducting health and safety audits, as well as in preparing and implementing statutory appointment letters in terms of the applicable health and safety legislation. Pieter has been listed in the Chambers and Partners Global Guide to the World s Leading Lawyers 2016, 2015 for Energy & Natural Resources: Mining (South Africa) (including Energy & Natural Resources: Mining: Health & Safety), Band 1; and Who's Who Legal 2017, 2016, 2015, 2014 and 2013

4 Mining (South Africa). Pieter is the co author, with Willem le Roux, of a Commentary to the Construction Regulations, 2014 and the recently published Occupational Health and Safety Law. All of these publications are published by LexisNexis. Celeste Coles BA LLB Celeste Coles completed her BA and LLB degrees at the University of Stellenbosch. She also successfully completed a certificate course in Prospecting and Mining Law from the Mandela Institute, University of Witwatersrand in She specialises in mine and occupational health and safety law. Celeste has appeared on behalf of various mining houses and corporations in the metal and other industries at investigations and accident inquiries, as well as assisted in inquests following major mine and occupational accidents. She provides legal advice and guidance on health and safety legislative requirements on a broad spectrum of topics including statutory letters of appointment, prohibition and closure orders, applications for exemption in terms of section 79 of the Mine Health and Safety Act 29 of 1996, as well as review and appeal proceedings to the Labour Court in terms of this legislation. Celeste has been listed in Who s Who Legal 2017 and 2016 Mining (South Africa). Warren Hendricks BA LLB Warren Hendricks completed his BA and LLB degrees at the University of Cape Town. Warren has represented and appeared on behalf of, amongst others, listed companies and unlisted companies during formal inquiry proceedings and informal investigation proceedings conducted in terms of the Mine Health and Safety Act 29 of 1996 and Occupational Health and Safety Act 85 of Warren s experience also includes drafting of formal representations to the Department of Mineral Resources and Department of Labour; advices and opinions to clients in respect of the general obligations, compliance, liability and legal interpretation pertaining to health and safety law; legal liability training to employees of clients; and High Court litigation relating to health and safety matters.

5 dates and venues: dates: Tuesday 7 March and Wednesday 8 March 2017 time: 08:00am to 04:15pm (includes refreshments and lunch), followed by cocktails venue: ENSafrica 150 West Street Sandton catering: refreshments and lunch will be provided the fee (VAT Inclusive): Attend just one event and pay Individual delegate, one day attendance R1, Two or more delegates, one day attendance R1, per delegate. Attend both of these events and pay: Individual delegate, two day attendance R2, Two or more delegates, two day attendance R1, per delegate. contact details: tel: +27 (0) fax: +27 (0) e mail: info@ensafrica.com website: