⚖️ Mines Act vs OSH Code — Duties of Owner, Agent & Manager
Simple comparison🚧
📘 Quick Summary
The core responsibilities for safety and finance remain, but the OSH Code tightens the language by making Owners and Agents "Jointly and Severally" responsible and adding specific appointees to the liability list.
📜 Old Law – Mines Act 1952 (Sec 18)
- Owner & Agent are responsible for financial provisions and steps for compliance.
- In case of contravention, Owner, Agent, Manager, and Supervisory Officials are deemed guilty.
- Defense: Must prove due diligence was used to prevent contravention.
📗 New Law – OSH Code 2020 (Sec 7)
- Owner & Agent are responsible "Jointly and Severally" for financial/safety provisions.
- The list of persons deemed guilty now includes "The person appointed under Section 24".
- Defense remains: Must prove due diligence was exercised.
📊 Side-by-Side Comparison
| Aspect | Mines Act 1952 (Sec 18) | OSH Code 2020 (Sec 7) |
|---|---|---|
| Nature of Responsibility | Owner & Agent responsible (General). | Owner & Agent responsible Jointly and Severally. |
| Who is Deemed Guilty? | Owner, Agent, Manager, Officials. | Owner, Agent, Manager, Officials + Person appointed under Sec 24. |
| Defense Available | Due diligence used; not prima facie liable. | Due diligence used to secure compliance. |
| Manager Appointment Defense | Cannot claim defense just because Manager was appointed. | Same (Cannot claim defense just because Manager was appointed). |
🔍 What Changed & Why It Matters
The addition of "Jointly and Severally" in the OSH Code is a significant legal strengthening. It means if one party (e.g., the Agent) cannot pay or fix a safety issue, the other (the Owner) is fully liable for the whole amount/action. Also, the inclusion of the "Person appointed under Sec 24" widens the net of accountability.
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