Department issues directives on Covid-19 protection for mineworkers returning to work

The state issued strict directives on health measures for mines to follow as they restart operations after a three-week lockdown, potentially derailing a legal challenge by the Association of Mineworkers and Construction Union (Amcu) to force general Covid-19-related regulations on the industry.

Amcu, which represents 100,000 workers in a sector that employs 450,000 people, brought an urgent application to the labour court in Johannesburg this week to compel the state to regulate the mechanisms used to protect employees from Covid-19. The court set down April 29 for the start of the case.

On Thursday, the department of mineral resources & energy issued the directive to all mining companies outlining the measures they have to take in terms of the Mine Health and Safety Act, which demands “every employer must, as far as reasonably practicable, provide and maintain a safe working environment”.

The directives could be regarded as a pre-emptive approach by the department ahead of the court case, setting out the obligations it expects companies to adhere to. The department said the directives are in keeping with the April 16 amendments to the general disaster management regulations.

These include:

• Rigorous screening of all employees, including contractors, before accessing the mine;
• Testing of employees with symptoms of Covid-19;
• Adequate social distancing;
• Provision of quarantine facilities for employees showing signs of Covid-19;
• The establishment and maintenance of a personal hygiene programme; and
• Provision of appropriate personal protective equipment (PPE), including face masks.

“The start-up procedures must also 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 some operations,” it said.

The directive told mines to “systematically phase in workers” returning to their jobs. “In line with the directive, mining companies must, in consultation with labour unions in the respective operations, develop the start-up procedure, and provide a copy to the department, before ramp-up of operations,” it said.

Amcu has opted to back off from an urgent case it brought against the department, the council and others to rescind the exemptions granted to 129 mining companies to restart limited mining after amendments to lockdown regulations on April 16. Those amendments allowed for mines to return to 50% of capacity during the lockdown, which is scheduled to expire at the end of April, but which is likely to be phased out rather than suddenly be terminated because of high rates of infection.

The amendments overtook the case lodged by Amcu in the high court in Johannesburg, prompting Amcu to take it off the urgent roll for a later court date. The Minerals Council SA, in that case, argued that the amendments had rendered Amcu’s arguments moot.

The labour court case, unlike the first demand for the exemptions to be rescinded, does not pose a threat to mining companies returning to production. The exemptions were largely granted to companies with open-pit mines or surface operations, smelters and refineries, where social distancing and provision of safety gear are more easily managed.

The council had warned that if the lockdown for underground mines were prolonged beyond the original 21 days, the repercussions could be severe, with up to 45,000 people losing their jobs and some mines closing permanently. It said it has developed a 10-point plan that covers all these aspects and which has been drawn up in line with recommendations of the World Health Organisation (WHO), the departments of mineral resources and health and others.

Mineral resources & energy minister Gwede Mantashe said on April 16 that mines had already conducted extensive testing of employees returning from leave at their operations or at mine-owned hospitals and that the Covid-19 testing will form part of this as more than 200,000 people resume their jobs.

seccombea@businesslive.co.za