Mine Health and Safety Act, 1996 (Act No. 29 of 1996) Notices Guideline for the Compilation of a Mandatory Code of Practice for the Prevention, Mitigation and Management of COVID-19 outbreak Annexures Annexure 5: Start-up procedure of mines by employers and employees following a 21-day national lockdown

 

 

(Mandatory)

 

Legal Officer: G Ndamse

 

RE: START-UP PROCEDURE OF MINES BY EMPLOYERS AND EMPLOYEES FOLLOWING A 21 DAY NATIONAL LOCKDOWN

 

 

The Department of Mineral Resources and Energy (DMRE) have previously requested all the mines to develop and implement a risk based protocol during the lockdown period in support of the President of the Republic, HE Cyril Ramaphosa, announcement regarding the prevention of the spread of COVID-19. The Department also issued a Guiding Principles on the Prevention and Management of COVID-19 with regards to the preparedness , mitigation and management of COVID-19 to assist the sector in developing the aforesaid protocol.

 

The Minister of Mineral Resources and Energy, Mr Gwede Mantashe (MP), met key stakeholders from the sector on the 8 April 2020 to engage on the appropriate measures that should be implemented to prevent the spread of COVID-19 once all the mines commence with operations from the 17 April 2020. The following were also agreed in principle during the meeting:

 

Further, historic health and safety statistics have always shown that the mines report an increase in number of fatalities and injuries following prolonged planned or unplanned mine closures. Working places remain idle for prolonged periods and the increase in fatalities and injuries is also attributed to a variety of issues, including but not limited to lack of compliance to the legal provisions; poor medical surveillance; inadequate supervision; anxiety; production pressures and associated incentives; lack focus and complacency. This also results in workers taking short cuts and failure to comply with the applicable standards and procedures.

 

Section 5(1) of the Mine Health and Safety Act (Act No. 29 of 1996) as amended requires that every employer, as far as reasonably practicable,must provide and maintain a working an environment that is safe and without risk to health of employees.

 

The mining industry has a formal procedure for medical surveillance of any workers returning to work following a significant period away from work, based on the Department of Minerals Resources and Energy's (DMRE) standards of fitness to work. This SOP outlines the additional special steps and procedures to be followed in light of workers going back to work after the Lockdown.

 

 

All employers are instructed to ensure that prior to allowing any mine or shaft to commence with their production activities after a prolonged stoppage; a safe precautionary start-up procedure is developed in consultation with organised labour at the mine.

 

It is advised the that the risk-based approach as embedded in the Guiding Principles of Prevention and Management of COVID-19 in SAMI, be applied in the development of t the start-up procedure, especially that these were based on WHO, NDoH and NICD guidelines. The amended regulations issued in terms of section 27(2) of the disaster management act, 2002, have been promulgated, it is important to adhere to these as well.

 

It is advised the that the risk-based approach as embedded in the Guiding Principles of Prevention and Management of COVID-19 in SAMI, be applied in the development of t the start-up procedure, especially that these were based on WHO, NDoH and NICD guidelines. The amended regulations issued in terms of section 27(2) of the disaster management act, 2002, have been promulgated, it is important to adhere to these as well.

 

The National Department of Health has in its presentation on SA's Covid-19 epidemic: Trends & Next steps informed South Africa of the next stages of South Africa's response, which are but not limited to the following.

 

 

All employers are instructed to ensure that prior to allowing any mine or shaft to commence with their production activities after a prolonged stoppage; a safe precautionary start-up procedure is developed in consultation with organised labour at the mine.

 

A presentation on the precautionary start-up procedure must be made to the office of the Principal Inspector of Mines, by both the representatives of the employer and organised labour at the mine.

 

The precautionary start-up presentation must address the measures that the employer is to take to prevent the spread of COVID-19 as well as actions to provide and maintain a working environment that is safe and without risk to the health or safety of employees. The procedure must also reflect the abovementioned risk-based protocol and agreements from the stakeholder meeting of the 8 April 2020.

 

This instruction is effective immediately from the date of this letter.

 

This instruction shall remain in force until varied or set aside by the Principal Inspector of Mines.

 

Thanking you in advance for your co-operation.

 

Yours in Health and Safety,

 

D MSIZA

CHIEF INSPECTOR OF MINES

 

DATE:

 

 

 

Regional office postal address, tel:, and fax:]

[Street address]

 

Directorate: Mine Health and Safety

 

Email: [email protected]

Enquiries: A N Other

Reference No:

 

The Employer

Mine name

Address

 

Dear Sir/Madam

 

All Employers

 

RE: START-UP PROCEDURE OF MINES BY EMPLOYERS AND EMPLOYEES FOLLOWING A 21 DAY NATIONAL LOCKDOWN

 

The Department of Mineral Resources and Energy (DMRE) has previously requested all the mines to develop and implement a risk based protocol during the lockdown period in support of the President of the Republic, HE Cyril Ramaphosa, announcement regarding the prevention of the spread of COVID-19.The Department also issued a Guiding Principles on the Prevention and Management of COVID-19 with regards to the preparedness, mitigation and management of COVID-19 to assist the sector in developing the aforesaidprotocol.

 

The Minister of Mineral Resources and Energy, Mr Gwede Mantashe (MP), met key stakeholders from the sector on the 8 April 2020 to engage on the appropriate measures that should be implemented to prevent the spread of COVID-19 once all the mines commence with operations from the 17 April 2020. The following were also agreed in principle during the meeting:

 

Further, historic health and safety statistics have always shown that the mines report an increase in number of fatalities and injuries following prolonged planned or unplanned mine closures. Working places remain idle for prolonged periods and the increase in fatalities and injuries is also attributed to a variety of issues, including but not limited to lack of compliance to the legal provisions; poor medical surveillance; inadequate supervision; anxiety; production pressures and associated incentives; lack focus and complacency. This also results in workers taking short cuts and failure to comply with the applicable standards and procedures.

 

Section 5(1) of the Mine Health and Safety Act (Act No. 29 of 1996) as amended requires that every employer, as far as reasonably practicable, must provide and maintain a working an environment that is safe and without risk to health of employees.

 

The mining industry has a formal procedure for medical surveillance of any workers returning to work following a significant period away from work, based on the Department of Minerals Resources and Energy's (DMRE) standards of fitness to work. This SOP outlines the additional special steps and procedures to be followed in light of workers going back to work after the Lockdown.

 

ACTION REQUIRED FROM THE MINES

 

 

The National Department of Health has in its presentation on SA's Covid-19 epidemic: Trends & Next steps informed South Africa of the next stages of South Africa's response, which are but not limited to the following.

 

A presentation on the precautionary start-up procedure must be made to the office of the Principal Inspector of Mines, by both the representatives of the employer and organised labour at the mine.

 

The precautionary start-up presentation must address the measures that the employer is to take to prevent the spread of COVID-19, as well as actions to provide and maintain a working environment that is safe and without risk to the health or safety of employees.The procedure must also reflect the abovementioned risk-based protocol and agreements from the stakeholder meeting of the 8 April 2020.

 

This instruction is effective immediately from the date of this letter.

 

This instruction shall remain in force until varied or set aside by the Principal Inspector of Mines.

 

Kindly acknowledge receipt.

 

Yours faithfully

 

AN. OTHER

PRINCIPAL INSPECTOR REGION

 

DATE: