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On Friday, 11 October 2024, GN. 5404 of 2024 was published in Government Gazette No. 51368.
South Africa
Employment and HR
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On Friday, 11 October 2024, GN. 5404 of 2024 was published in
Government Gazette No. 51368, in terms of which the Chief
Inspector of Mines: Mine Health and Safety Inspectorate of the
Department of Mineral Resources and Energy has issued a Guidance
Note for the Management of Latent Tuberculosis Infection in the
South African Mining Industry.
Although the Mine Health and Safety Act, 1996 does not stipulate
the legal force and effect of a Guidance Note, it must be noted
that the above Guidance Note was issued in terms of section 49(6),
read with sections 9(2) and 9(3) of the Mine Health and Safety Act,
1996, being the provisions providing for guidelines issued by the
Chief Inspector of Mines in terms of which employers must prepare
and implement Codes of Practice. Furthermore, page 8 of the
Guidance Note stipulates what the Mandatory Code of Practice must
deal with, and on page 15 of the Guidance Note it stipulates that
the employer must institute measures for monitoring and
ensuring compliance with the Guidance Note.
This Guidance Note applies to the South African Mining Industry,
the mining communities and peri-mining communities (people who live
in the vicinity of mining operations and who have been, or could be
directly affected by mining-exploration, construction, operational
or divestment activities).
The Guidance Note does not only make provision for the
identification and treatment of employees, but also for individuals
in peri-mining communities (see paragraph 8.1.3.5 of the Guidance
Note). In this regard, section 5(2)(b) of the MHSA is relevant
which provides as follows: “As far as reasonably
practicable, every employer must – … (b) ensure that
persons who are not employees, but who may be directly affected by
the activities at the mine, are not exposed to any hazards to their
health and safety“. We point out that insofar as this
Guidance Note exceeds the provisions of section 5(2)(b), it will be
unenforceable.
The effective date of the Guidance Note is recorded as
Wednesday, 01 January 2025. Click
here to view a copy of the notice.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
