This research project was concerned with the description of the Employee Assistance Programme (EAP) mainly in the South African mining industry. The focus was on the impact of legislation on the practice of EAP in the South African mining industry. The researcher used a qualitative approach in this applied research study. The researcher employed a phenomenological strategy within the exploratory study. This was done through the utilization of semi-structured interviews. The researcher first looked at the evolvement of EAP as a field of practice, following by a discussion of the current state of the EAP in the South African mining industry. The researcher continued by discussing relevant pieces of legislation that have a direct influence on the practice of EAP in the mining industry. The second part of the project was the empirical study. Ten respondents were drawn through the process of purposive sampling. The researcher mainly dealt with the views of four Human Resource practitioners and six EAP practitioners in the mining industry. Through this exercise, the researcher looked at what the practitioners’ views were on the role of legislation as specifically to two issues. The first was the general provision of EAP services. The second was the stipulation of the legislation according to them, pertaining the practicalities of the provision of the service. The researcher’s conclusions regarding impact of legislation on the practice of EAP in the South African mining industry can be presented in the following manner: • Legal provisions have played a significant role towards the development of the field of EAP in general; • Other implications have been difficult to implement for mostly two main reasons. The first is that they are too general and therefore are seen to mean different things to different people. The second is that the people who matter most do not know them. These are either human resources practitioners, occupational social workers and/or EAP professionals or union and/or employee representatives.