Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Chapter 3 : Health and Safety Representatives and Committees

38. Disclosure of information
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(1)Whenever an employer, inspector or a person who conducts an inquiry in terms of section 65, is required by the provisions of this Chapter to supply information or reports to a health and safety representative or to the health and safety committee, that employer, inspector or person—
(a)must not disclose any information that is private personal information relating to an employee, unless the employee consents in writing to the disclosure of that information; and
(b)is not required td supply any information—
(i)that is legally privileged;
(ii)that the employer, inspector or person could not disclose without contravening a prohibition imposed upon the employer by any law or court order; or
(iii)that is confidential and, if disclosed, may cause substantial harm to an employee or the employer.

 

(2)No employee may unreasonably withhold the consent required in terms of subsection (1)(a).

 

[Section 65 requires the Chief Inspector of Mines to direct an inspector to conduct an inquiry into the death of any person and into any health and safety contraventions.]

[Improper disclosure of confidential information is an offence. See section 87.]