Export coal miner Exxaro is the latest company to face a class action for allegedly failing to implement the necessary safety measures to protect coal miners from contracting illness linked to their work conditions.
This is the third in its series of class actions against coal-mining companies filed by human rights lawyer Richard Spoor “in ongoing efforts to seek justice for workers facing unacceptable conditions within the coal mining industry”.
Similar class actions have been filed against South32, BHP, Seriti Power, Anglo American and Thungela. Spoor intends to file similar proceedings against Glencore before year-end.
The application for certification of a class action against Exxaro, filed by Spoor in the Gauteng high court last week, “seeks accountability for alleged breaches of legal duties, negligence, and inadequate safety measures that have caused long-term damages to workers’ health and lives”, Spoor said in a statement.
The legal action seeks compensation for medical expenses, lost wages, and the pain and suffering endured by affected coal miners.
According to Spoor, his firm, together with the Southern African Catholic Bishops’ Conference, conducted a comprehensive investigation into the working conditions within the coal mining industry, interviewing mineworkers suffering from lung disease due to exposure to coal mine dust.
“The class action aims to represent coal miners who have suffered health complications directly linked to their work conditions. RSI alleges that, akin to South32 and Anglo American, Exxaro failed to implement necessary safety measures, resulting in avoidable harm to their employees,” the statement from Spoor said.
Motley Rice, one of the largest US plaintiff litigation firms, is acting as a consultant in the case. About five years ago, the firms brokered a class action agreement for harmed workers in the case of Nkala and Others vs Harmony Gold Mining Company and Others.
In that case, gold miners and their relatives received compensation for developing silicosis due to work-related exposure to silica dust in gold mining operations.
The companies named in the application must now decide if they want to oppose the idea of a class action.
A spokesperson from Exxaro said the company could not comment at this stage because it has not yet received the papers.
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