The Labour Court on Friday reviewed and set aside the decisions taken by the mineral resources and energy minister not to require employers to prepare and implement a code of practice on the Covid-19 pandemic and not to issue guidelines in terms of the Mine Health and Safety Act.
The act requires that an employer must prepare and implement a code of practice on any matter affecting the health or safety of employees and other persons who may be directly affected by activities at the mine if the chief inspector of the mines requires it.
The court said before publishing the notice, the inspection should consult with the Mine Health and Safety Council, elicit and consider all available expert advice and meaningfully engage with the relevant trade unions regarding the content of the safety guidelines. Before approaching the court, Amcu wrote numerous letters pleading with the mineral resources and energy minister Gwede Mantashe to set health and safety standards for mine workers who are uniquely vulnerable to Covid-19.
During argument on Wednesday, the department said Amcu had not tendered any evidence to prove employers are not protecting miners from Covid-19.
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