Legal updates and opinions
News / News
DMRE issues directives on mining sector, in line with requirements of Section 5(1) of the Mine Health And Safety Act, 29 of 1996
by Chris Stevens, Director and Head of the Mining, Environmental and Resources practice; Kathleen Louw, Director; and Bronwyn Parker, Senior Associate
- On 23 April 2020, and as the South African mining sector prepares to ramp up to 50% of capacity, the Department of Minerals and Energy (“DMRE”) issued the directive (“the 23 April 2020 Directive”) which contains the steps the DMRE believes are necessary to ensure safe start-up processes and procedures. The directive does not appear to be an amendment to the Regulations terms of section 27(2) of the Disaster Management Act, 2002 (“the Disaster Management Act”) and its exact legal status is unclear.
- The directive is issued in line with the employer’s obligations, as set out in section 5 of the Mine Health and Safety Act 29 of 1996 (“MHSA”), obliges an employer “to maintain healthy and safe mine environment“. When implementing this section, employers are however only required to do that which is “as far as reasonably practicable“. The approach to the implementation of the 23 April 2020 Directive, seems to be similar, which is helpful to employers under the current circumstances as it recognises that employers cannot be expected to implement measures that are not possible.
- The 23 April 2020 Directive must be read in conjunction with Regulations GN318 of March 2020, as amended and issued in terms of Section 27(2) of the Disaster Management Act and the sector specific directions, published by the DMRE in Government Gazette 43227 on 11 April 2020. The directive states the following:
31. mining companies must, in consultation with labour unions in the respective operations, develop the start-up procedure, and provide a copy of such procedure to the Department, prior to ramp-up of operations;
3.2 the start-up procedures must address measures to be taken to prevent the spread of COVID-19, as well as actions to provide a safe working environment, especially following the prolonged closure of certain operations. These measures should include:
3.2.1 Rigorous screening of all employees, including contractors, prior to accessing the mine;
3.2.2 Testing of employees with symptoms of Covid-19;
3.2.3 Adequate social distancing;
3.2.4 Provision of quarantine facilities for employees showing signs of COVID-19;
3.2.5 Establishment and maintenance of a personal hygiene programme; and
3.2.6 Provision of appropriate Personal Protective Equipment (PPE) including face masks.
3.3 the directive also encourages employers to systematically phase in workers at the mines. - In its press release regarding the directive, the DMRE reiterates that it would continue with scheduled and unannounced visits to mining operations to monitor compliance with the lockdown regulations, guiding principles on prevention and management of Covid-19, as well as each mines’ start-up procedure.
- Please contact the Werksmans mining team should you have any questions around the implementation of the Disaster Management Act, 2002 and associated Regulations.
Latest News
As little as possible infringement? Is this the case when thinking about the right to privacy in South Africa?
by Ahmore Burger-Smidt, Director and Head of the Data Privacy practice A year back there would have been a massive [...]
Some more exemptions from Competition Law during the pandemic
Competition Law during the pandemic We have previously reported on the various block exemptions issued by the Minister of Trade, [...]
New directions, regulations and a Labour Court judgment bring clarity to the mining industry
by Chris Stevens, Director and Head of the Mining, Environmental & Resources practice; Kathleen Louw, Director; Bronwyn Parker, Senior Associate; [...]
The impact of COVID-19 on the use of common areas
by Fátima Rodrigues, Director and Head of the Property Law & Real Estate practice (Johannesburg) and Yatheen Ramnath, Candidate Attorney [...]
Cancellations and postponements of dividends
by Kevin Trudgeon, Director; Brian Price, Director; and Raquel Goncalves, Candidate Attorney The COVID-19 outbreak, the subsequent lockdown and other [...]
A jack of all trades or jacking the trades of others: A case of having your fingers burnt in too many pies
National Union of Metal Workers Of South Africa V Lufil Packaging (Isithebe) (A Division Of Bidvest Paperplus (Pty) Limited) (Unreported) [...]
