Covid-19: Labour Court orders mining industry to put safety standards in place to protect mineworkers from Covid-19

The Labour Court has ordered employers in the mining industry to prepare and implement a code of practice for health and safety standards.

The Association of Mineworkers and Construction Union (Amcu) went to the Labour Court on 29 April to argue for an order to compel the Minister of Mineral and Energy Resources, Gwede Mantashe, to issue binding regulations to protect mineworkers.

The Department of Mineral Resources and Energy (DMRE) said it welcomed the legal certainty provided by the order granted in the Labour Court on 1 May.

The standards must be prepared in terms of section 9(2) of the Mine Health and Safety Act, in accordance with guidelines to be published by the Chief Inspector of Mines in the Government Gazette by 18 May 2020.

The department said in a statement, “The order resolves the existing uncertainty as to whether the Minister of Mineral Resources and Energy and Chief Inspector of Mines are empowered, under the Mine Health and Safety Act, to introduce enforceable measures to deal with the outbreak of Covid-19 at mines.

“Subsequent to mines being allowed in terms of the Disaster Management Regulations to ramp up to 50 per cent capacity, the Chief Inspector of Mines issued start-up instructions, which had to be complied with, in addition to existing Guiding Principles issued by the Chief Inspector on 26 March this year.”

Furthermore, the Minister of Mineral Resources and Energy published directions in terms of the Disaster Management Regulations to ensure measures are put in place.

The court order requires mines to implement a standard operating procedure (SOP), which has been agreed to between the parties as an interim measure, and which must also be in line with the regulations, the minister’s direction and directives issued by the chief inspector on 26 March.

Amcu president, Joesph Mathunjwa said, “The SOP will really assist us in the meantime while we engage on the national process to be completed by 18 May. Our biggest fear was about the mineworkers in congested areas like cages and underground conveyancing and this was also addressed by the SOP.”

The DMRE will publish the court order in the gazette in due course and urges employers to act in strict compliance with these, while the process of preparing guidelines and codes of practice under section 9 of the Mine Health and Safety Act is completed.

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