Legislation: Mine death investigation guidelines gazetted

Guidance notes on good practice when conducting and reporting on medico-legal mine death examinations and related investigations were gazetted on Friday, reports Pam Saxby for Legalbrief Policy Watch.  Their purpose is to clarify roles, responsibilities and legal obligations in the event of the natural or unnatural death of someone working in a mine – and to assist in determining whether contributing factors may have been mining-related. This is noting that, where a death is sudden and unexpected, unexplained or where its cause is not apparent, it is regarded as unnatural.

Against that backdrop, the guidance notes spell out the responsibilities of and procedures to be followed by an employer, an operational or other medical practitioner, the Department of Mineral Resources and its inspectorate, and the South African Police Service and its forensic pathology unit. Other issues covered include hospital deaths; requirements in terms of the 1973 Occupational Diseases in Mines and Works Act; primary, contributing, predisposing, precipitating, terminal and exclusive/sole causes of death; HIV and AIDS; and alleged suicide.

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