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

Chapter 3 : Health and Safety Representatives and Committees

39. Disputes concerning disclosure of information

 

(1) If there is a dispute about what information is required to be disclosed in terms of the provisions of this Chapter, any party to the dispute may refer the dispute in writing to the Commission.

 

(2) The party who refers a dispute to the Commission must satisfy it that a copy of the referral has been served on all the other parties to the dispute.

 

(3) The Commission must attempt to resolve the dispute through conciliation.

 

(4) If the dispute remains unresolved, any party to the dispute may request that the dispute be resolved through arbitration.

 

(5) A commissioner appointed to arbitrate a dispute must first decide whether or not the information is required to be supplied in terms of the provisions of this Chapter.

 

(6) If the commissioner decides that the information is required and if it is information contemplated in section 38(1)(a) or (b)(iii), the commissioner must balance the harm that disclosure is likely to cause to an employee or employer or any other person who employs employees, against the harm that the failure to disclose the information is likely to cause to the ability of health and safety representatives or members of the health and safety committee to perform their functions effectively.

 

(7) If the commissioner decides that the balance of harm favours the disclosure of the information, the commissioner may order the disclosure of the information on terms designed to limit the harm likely to be caused to the employee or the employer.

 

(8) When making an order under subsection (7), the commissioner must take into account any previous breach of confidentiality in respect of information disclosed in terms of the provisions of this Chapter, and may refuse to order the disclosure of the information or any other confidential information which might otherwise be disclosed for a period specified in the arbitration award.

 

(9) In any dispute about an alleged breach of confidentiality, the commissioner may order that the right to disclosure of information in terms of the provisions of this Chapter be withdrawn for a period specified in the arbitration award.