1) An inspector may make a recommendation in writing to the Principal Inspector of Mines that a fine be imposed on an employer who has failed to comply with any provision contemplated in section 91(1B).
2) [deleted by the Mine Health and Safety Amendment Act No 74 of 2008]
3) The inspector concerned must serve a copy of the recommendation on-
a) the employer;
b) the health and safety committee, or if there is no health and safety committee, to any health and safety representative responsible for the working place in question; and
c) the representative trade union, or if there is no representative trade union, to every registered trade union with members at the mine.
4) The employer may make written representations to the Principal Inspector of Mines within 30 days of the recommendation.
5) A representation made in terms of this section may not be used against the employer in any criminal or civil proceedings in respect of the same set of facts.
