In South Africa, the mining sector was given guidance on how to ensure occupational safety and health of its mineworkers, after the judgement of the Labour Court of South Africa (Case N. J 427/2020). The case was brought by the national Association of Mineworkers and Construction Union against the public institutions dealing with the mining sector and the private employers represented by the Minerals Council of South Africa. The Union aimed at obtaining an obligation for the Minister to declare Covid-19 an occupational health risk and to issue binding regulations on returning safely to work in mines after the lockout. The first objective was not achieved, since the judge considered that “public health and occupational health are not discrete categories. Covid-19 is both a public health issue, and an occupational health issue. It requires both a public health response, and an occupational health response in the specific context of mines”.

On the second issue, according to the Court’s order, employers in the mining industry are no longer required to implement protection measures on a voluntary basis, but have to “prepare and implement a code or codes of practice, to mitigate the effect of the outbreak of Covid-19 on the health and safety of employees (as defined in the Mines Health and Safety Act N. 29, 1996) and persons who may be directly affected by the disease at the mine”. The above-mentioned code must be prepared in accordance with the guidelines published by the Chief Inspector of Mines in the Government Gazette, on 18 May 2020, N. 43335, Vol. 659, and in consultation with trade union or workers representatives at the mine.

In its communication of 19 May 2020, the Minerals Council South Africa (members of Business Unity South Africa – BUSA) explained that these “guidelines were developed since the beginning of May in a collaborative manner through the Mine Health and Safety Council” (a tripartite board composed body) and that “the guidelines are largely compatible with the Minerals Council’s Standard Operating Procedure and the version of the SOP used as the interim basis of regulation since the judgment. The Minerals Council believes the industry will be comfortable about observance of the guidelines”.