JOHANNESBURG (miningweekly.com)­ ­– The legal certainty provided by the Labour Court in a virtual sitting on Covid-19 on Workers’ Day has been welcomed.

The Department of Mineral Resources and Energy (DMRE), Parliamentary Mineral Resources and Energy Portfolio Committee chairperson Sahlulele Luzipo and Mineral Resources and Energy Select Committee chairperson Tebogo Modise have all welcomed the legal certitude that the court order, handed down by Judge Andre van Niekerk, provides.

The order, which followed an application by Association of Mineworkers and Construction Union (AMCU), directs DMRE to gazette coronavirus-specific health and safety guidelines for the mining industry by May 18 and requires the Chief Inspector of Mines to implement a Covid-19 code of practice under Section 9(2) of the Mine Health and Safety Act (MHSA). A broad consultative process with social partners to develop the guidelines must be completed by May 11.

In a release to Mining Weekly, DMRE urged employers to act in strict compliance with the court order while it completed the process of preparing guidelines and codes of practice under Section 9 of the MHSA.

DMRE stated that it welcomed the court order resolving the issue of whether or not the Minister of Mineral Resources and Energy and Chief Inspector of Mines were empowered, under the MHSA, to introduce enforceable measures to deal with the outbreak of Covid-19 at mines.

The judgement orders employers in the mining industry to prepare and implement a gazetted code of practice under section 9(2) of the MHSA, in accordance with guidelines to be published by the Chief Inspector of Mines.

Parliamentary chairs Luzipo and Modise jointly called on DMRE to initiate a broad consultative process with social partners to develop the guidelines as directed by the judgment as soon as possible.

Subsequent to mines being allowed in terms of the Disaster Management Regulations to ramp up to 50% capacity, the Chief Inspector of Mines issued startup instructions which had to be complied with in addition to existing guiding principles issued by Chief Inspector on March 26.

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

AMCU, which brought this application, sought as its main relief, an order directing the Minister to declare Covid-19 an occupational health risk and to issue mandatory directions to mines under Section 76(2) of the MHSA or alternatively requiring the Chief Inspector to act under Section 9 of the Act.

AMCU had also sought, as further alternative relief, the setting aside of the Disaster Management Regulations insofar as they authorised mining but the court had not made an order in that regard.

Although no relief as to the establishment of interim measures was sought by AMCU, Mantashe had agreed that such measures should be included in the court order, which made specific reference to the Minister’s directions notice.

The court order required mines to implement a standard operating procedure that had 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 March 26.

Meanwhile, Luzipo and Modise noted explicit process needed to be followed in developing minimum operating standards from the employer and regulator’s point of view.

They reiterated that binding health and safety guidelines were more important and urgent now than ever before owing to opencast mines being allowed to operate at 100% capacity under level 4 lockdown rules.

“We’re truly elated by this victory of workers,” said AMCU president Joseph Mathunjwa in a media release on Monday.

Part of the court order was in the form of a national standard operating procedure (SOP), based on the recommendations of medical experts.

AMCU stated that the SOP compelled mines to train mineworkers to use personal protective equipment (PPE), provide quality face masks, ensure physical distancing, provide hand sanitiser at entrances and exits, screen daily, provide for the sterilisation of reusable PPE, report to local health authorities and appoint a health professional to oversee the SOP’s implementation.

“This SOP will really assist us in the meantime while we engage on the national process to be completed by May 18 workers,” said Mathunjwa.

“Our biggest fear was about mineworkers in congested areas like cages and underground conveyancing, and this was also addressed by the SOP. We will now monitor the compliance of mines with these standards, and we will support a responsible return to work, once we are satisfied that the mines comply,” Mathunjwa stated in the release.