Safety and Health in Mines Convention, 1995 (No. 176) - South Africa (Ratification: 2000)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on Occupational Safety and Health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 176 (occupational safety and health in mining) together.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes the information provided by the Government in response to its previous comments concerning Article 11(a) (the determination of conditions governing the design and construction of undertakings), Article 19(b)-(e) (rights and duties of workers and their representatives) and Article 20 (cooperation at the level of the undertaking) of the Convention.

Articles 4 and 7 of the Convention. National policy on occupational safety and health. Review of the national policy at appropriate intervals. The Committee notes the reference made by the Government to the Profile of Occupational Health and Safety South Africa, 2020 regarding OHS challenges identified and recommendations formulated for dealing with them. The Committee notes that these challenges include a lack of up-to-date OSH statistics and incident reporting; a shortage of human resources for inspections; and complex OSH legislation with various gaps. It further notes the activities of the tripartite Advisory Council for Occupational Health and Safety (ACOHS), through the Directorate of Occupational Health and Hygiene during the COVID-19 pandemic, which has led to the promulgation of new Hazardous Biological Agents Regulations in 2022, and that new draft regulations on lead and hazardous chemical agents have been prepared. The Committee requests the Government to provide information on the measures taken to address the OSH challenges identified, in consultation with the social partners. It also requests the Government to continue to provide information on the activities of the tripartite ACOHS and any new occupational safety and health legislation adopted.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes the Government’s indication that the Ergonomics Regulations (2019) were promulgated to satisfy the requirements of Article 5(b) of the Convention. In this respect, the Committee notes the provisions of the Ergonomics Regulations which provide, among others, for the risk assessment, risk control and medical surveillance of ergonomic hazards. The Committee also notes that section 11 of Ergonomics Regulations (2019) requires the establishment of a tripartite Ergonomics health and safety technical Committee which includes specialists in the field of ergonomics. The Committee notes this information, which responds to its previous request.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee notes that under sections 6 and 7 of the OHS Regulations No. 85 of 1993 (General Administrative Regulations 6 and 7), employers are required to meet with the registered trade unions of the workplace (or where there is no trade union, all employee representatives) to conclude an agreement on the nomination of health and safety representatives. The agreement must include the manner in which health and safety representatives must perform their functions in terms of the Act, their terms of office, circumstances and manner in which they can be removed. The Committee requests the Government to provide further information (including on the content of these agreements) on the protection of worker representatives from disciplinary measures as a result of actions properly taken by them in conformity with the national policy on occupational safety and health, in accordance with Article 5(e).

Article 11(c) and (e). Functions to be progressively carried out to give effect to the national policy. The Committee notes that section 11 of Ergonomics Regulations (2019) requires the establishment of a tripartite Ergonomics health and safety technical Committee which includes specialists in the field of ergonomics. Regarding Article 11(c) and (e), the Committee notes the information provided in the Profile of Occupational Health and Safety South Africa, 2020, which indicates that work-related injuries and diseases data collection and reporting is fragmented and not harmonised among and within the different departments. There is no uniform way of recording and reporting injuries and disease statistics and that therefore, there is no clear picture of the burden of occupational injuries and diseases. The Committee reiterates its request that the Government provides information on measures taken or envisaged to strengthen the application of procedures for the production of annual statistics on occupational accidents and diseases (Article 11(c)), and the annual publication of information on occupational accidents, occupational diseases and other injuries to health which arise in the course of, or in connection with, work (Article 11(e)).

Article 12(b). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes with interest that section 5 of the Ergonomics Regulations (2019) sets out the obligation of designers, manufacturers, importers and suppliers of machinery, plant or work systems at work to provide information, instruction and training to users. The Government further refers to the Regulations for Hazardous Chemical Agents (2021), which stipulate an obligation for manufacturers or importers to develop and provide suppliers with Safety Data Sheets on hazardous chemical agents (section 14A). In this regard, the Committee also notes the reference made under section 5 (c) and (e) of the draft Physical Agents Regulations, 2023, to the duties of designers, manufacturers, importers and suppliers which, among others, are required to provide information, instruction and training as deemed necessary to minimise the exposure to a physical agent during the use of machinery or plant (§ 5(c)). They are further required to provide information to potential users on the appropriate maintenance of machinery or plant to ensure their safe operation and use (§ 5(e)). The Committee requests the Government to continue to provide information on legislative developments related to the implementation of Article 12, including the adoption of the Physical Agents Regulations.

Article 15. Arrangements for coordination between authorities and bodies and consultation with workers’ and employers’ representatives. The Committee notes the information provided in the Profile of Occupational Health And Safety South Africa, 2020 regarding various tripartite mechanisms, in both industrial and mining work environments, that are in place to ensure that OSH is implemented in a consultative, coordinated, and collaborative manner. These include the National Economic Development and Labour Council (NEDLAC), which operates at the national level, the Mine Health and Safety Council (MHSC), and ACOHS which covers sectors other than mining at the national level. These structures collaborate in the implementation of OHS policies and legislation in a tripartite manner. The stakeholders include representatives from the Government, workers, employers, and communities. The Committee notes this information, which responds to its previous request.

Article 17. Collaboration when two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the reference made by the Government to section 37(2) of the OHSA, and observes that this provision does not meet the requirement of Article17 of the Convention. The Committee requests, once again, the Government to provide information on measures taken to ensure, in law and in practice, that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the provisions regarding occupational health and safety and the working environment.

Article 18. Measures to deal with emergencies and accidents. The Committee notes that under the OHSA, First Aid, Emergency Equipment and Procedures (General Safety Regulations 3), the employer is required to take all reasonable steps that are necessary under the circumstances, to ensure that persons at work receive prompt first aid treatment in case of injury or emergency (section 3(1)). The Committee notes however that emergency planning is only required in workplaces exposed to hazardous substances. The Committee requests the Government to provide information on the measures taken to ensure that in all workplaces employers are required to provide, where necessary, measures to deal with emergencies and accidents.

Application in practice. The Committee notes the information provided in the Occupational Hygiene Approved Inspection Authorities (OH AIA) reports, including the disaggregated data on the number of occupational hygiene surveys conducted and their results. The Committee further notes the statistics provided in the Profile of Occupational Health And Safety South Africa, 2020, including with regard to reports of work incidents and diseases in all sectors of the economy except for mining, which indicated a decrease in the number of claims from 2016–17 (155,427 claims) to 2019–20 (82,526 claims). The Committee requests the Government to continue to provide information on the application in practice of the Convention, including information on the number, nature and causes of occupational accidents and cases of diseases reported.

Specific sectors

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the information provided by the Government in response to its previous comments concerning Article 5(3) (explosives and initiating devices) related to the 2018 amendments to Chapter 4 of the Mine Health and Safety Regulation (MHSR) regarding explosives, Article 13(1)(c) and (d) (right of workers to be informed of workplace hazards and to obtain information relevant to their safety or health), and Article 13(2) concerning procedures established for the exercise of the rights of workers and their safety and health representatives.

Article 8 of the Convention. Emergency response plans. The Committee notes the amendments made under section 98(1) of the Mine Health and Safety Act to the Rescue, First Aid, Emergency Preparedness and Response Regulations (Chapter 16.5 of the MHSR), in 2014, and the Guideline for a Mandatory Code of Practice for Risk-Based Emergency Care on a Mine, 2016, which provide for the establishment of emergency plans in mines. The Committee notes this information, which responds to its previous request.

Article 13(1)(a)–(b). Procedures established for the exercise of the rights of workers and their safety and health representatives. The Committee notes that under section 23(1) and (2) of the Mine Health and Safety Act (MHSA), every manager is required to determine, after consulting the health and safety committee at the mine, effective procedures for the exercise of the rights granted to employees, including with regard to notification of supervisors and health and safety representatives of serious danger to their health or safety which have been perceived and responded to. The Committee requests the Government to provide information on the procedures established for the exercise, by workers in the mining sector, of the following rights: to report accidents, dangerous occurrences and hazards to the competent authority (Article 13(1)(a)); and to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)).

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 176 (safety and health in mines) together.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. The Committee recalls that the Mine Health and Safety Act provides the right of workers to leave a work situation which appears to pose a serious danger to their health or safety (section 23), but the Occupational Health and Safety Act (covering sectors other than mining) does not expressly provide for a right of removal. The Committee requests the Government to take the necessary measures to ensure that workers in all sectors who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, are protected from undue consequences and cannot be required to return to a work situation where there is a continuing imminent and serious danger to life or health.

Specific sectors

Safety and Health in Mines Convention, 1995 (No. 176)

Article 16 of the Convention. Enforcement and application of the Convention in practice. The Committee welcomes the Government’s statement that the concerted efforts of the social partners, who actively participated in the health and safety campaigns of the Government, have led to a reduction in both fatalities and injuries in the mining sector. In this respect, the Government refers to the 2022 Mine Health and Safety Statistics indicating that from 2013 to 2022 the mining sector has registered a 47 per cent decrease in the number of occupational fatalities (from 93 in 2013 to 49 in 2022); a 34 per cent drop in the number of injuries (from 3,126 in 2013 to 2,056 in 2022); and an overall 0.6 per cent decrease in the number of accidents reported. The Government further refers to measures taken to improve the health and safety of mineworkers, including: the promotion of stakeholders’ collaboration in the implementation of health and safety programmes; the timely adoption of technologies and leading practices to protect health and safety; and the enhancement of health and safety monitoring and enforcement through focused inspections and audits. Regarding the statistical information, the Committee notes the information provided in the Mine Health and Safety Inspectorate Annual Report 2022/2023 and the Government’s report, in particular regarding the number of inspections and audits carried out in mines (9,042 in 2018 and 8,399 in 2021); violations detected (5,886 in 2019 and 4,247 in 2021); and occupational diseases recorded (6,810 in 2013 and 1,924 in 2021). The Committee also notes the Government’s indication that redoubled efforts to avoid loss of life in the mining sector are still needed. The Committee requests the Government to continue to provide information on the measures taken in this regard, including statistical information on the number of inspections carried out in mines and the number of violations detected, the number of corrective measures and penalties imposed, as well as the number of occupational accidents and cases of occupational disease reported in the sector. Noting the efforts to strengthen safety and health protection in the mining sector, the Committee asks the Government to provide further information on the reasons for the significant decrease in the number of cases of occupational disease recorded.

The Committee is raising other matters in a request addressed directly to the Government was missing

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government concerning the legislation giving effect to Articles 5(4)(a), and 9(d) of the Convention.

Article 5(3) of the Convention. Explosives and initiating devices. The Committee notes that the Regulations Relating to Explosives of 2006 under the Mine Health and Safety Act contain provisions requiring that the manufacture, storage and use of explosives at mines be carried out by authorized persons. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that, as required by Article 5(3) of the Convention, the transport of explosives and initiating devices at the mine is carried out by the competent and authorized persons, or by persons under their direct supervision.

Article 8. Emergency response plans. The Committee notes that Regulation 16.5 of the Mine Health and Safety Act requires that the employer at every underground mine provides, and maintains readily available, mine rescue teams, and that the mine must enter into a contract with a mine rescue service provider to coordinate and facilitate the provision of mines rescue teams and other services. Section 16.5(2) of the Regulation outlines the obligations of mines rescue service providers. However, the Committee observes that the Regulations do not appear to require the employer, or the mines rescue service provider, to prepare an emergency response plan. The Committee requests the Government to provide information on the measures taken to ensure that employers are required to prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters.

Article 13(1)(a)–(d), (2) and (3). Procedures established for the exercise of the rights of workers and their safety and health representatives. The Committee previously noted that the Mine Health and Safety Act specified the procedures for the exercise of the rights of workers outlined in Article 13(1)(e) and (f) of the Convention, and requested information on the procedures for the exercise of the rights referred to in Article 13(1)(a)–(d) and (2) of the Convention.

The Committee notes the Government’s statement that one of the objectives of the Mine Health and Safety Act is to provide for employee participation in matters of health and safety through health and safety representatives and health and safety committees in mines. However, the Committee notes once again an absence of information in the Government’s report concerning the procedures for the exercise of the rights referred to in Article 13(1)(a)–(d), on the rights of workers, and Article 13(2), on the rights of safety and health representatives. In this regard, the Committee recalls that, pursuant to Article 13(3) of the Convention, procedures for the exercise of the rights referred to in Article 13(1) and (2) shall be specified by national laws and regulations and through consultations between employers and workers and their representatives. The Committee requests the Government to provide information on the procedures established for the exercise, by workers in the mining sector, of the following rights: to report accidents, dangerous occurrences and hazards to the employer and to the competent authority (Article 13(1)(a)); to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)); to know and be informed of workplace hazards that may affect their safety or health (Article 13(1)(c)); and to obtain information relevant to their safety or health, held by the employer or the competent authority (Article 13(1)(d)). It also requests the Government to provide information on the procedures established for the exercise of the rights outlined in Article 13(2) of the Convention by safety and health representatives.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 5(2)(c) and (d) and 16 of the Convention. Procedures for reporting and investigating fatal and serious accidents, occupational diseases and dangerous occurrences, compilation and publication of statistics, enforcement and application in practice. The Committee notes the information in the Government’s report that there are approximately 1,600 mines in South Africa, which employ approximately 500,000 workers. The Government states that inspectors conduct inspections and audits to monitor compliance with the legal provisions.

The Committee notes the statement in the annual report of the Department of Mineral Resources (2013–14) that the safety track record remains a challenge in the mining industry. The report indicates that 112 fatalities were reported in 2012 and 93 in 2013, with the majority of these fatal accidents taking place in gold and platinum mines. The accident rate for the mining sector was approximately 2.9 per cent in 2013. The report states that while the number of mine injuries is declining, the Department of Mineral Resources is concerned about the high number of injuries reported as the majority of these injuries are the result of repeat accidents. In light of this information, and recalling the obligations prescribed by Article 16 of the Convention, the Committee urges the Government to increase its efforts to ensure the effective application of the Convention. It requests the Government to provide detailed information on the measures taken in this regard, and also to provide statistical information on implementation efforts disaggregated by year, including on the number of inspections carried out in mines and the number of violations detected, the number of corrective measures taken and penalties imposed, as well as the number of occupational accidents and cases of occupational disease reported in the sector.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the responses to its previous comments provided by the Government in its latest report, including information on the effect given to Article 5(4)(d) and (5), Article 7(c), Article 9 and Article 10(c) of the Convention. The Committee asks the Government to continue to provide information on relevant legislative amendments undertaken with regard to the Convention.

Article 5, paragraph 3. Explosives and initiating devices. The Committee notes the information provided by the Government indicating regulations ensuring that a competent person exercise control over any manufacturing of explosives to be used for blasting at the mine. The Committee asks the Government to provide further information on measures taken or envisaged to ensure that the storage, transport and use of explosives and initiating devices at the mine is carried out by competent and authorized persons or by persons under their supervision.

Article 5, paragraph 4(a), Article 8 and Article 9(d). Medical and first-aid facilities. The Committee notes that the Government has not indicated whether legislation being addressed by the Mining Regulations Advisory Committee with regard to these Articles of the Convention, has been adopted. The Committee asks the Government to indicate whether the abovementioned legislation has been adopted, and if so to provide a copy.

Article 13, paragraph 3. Consultation between employers, workers and their representatives. The Committee notes that the Government has referred to section 23(2) of the Mine Health and Safety Act, which specifies procedures for the exercise of the rights mentioned in Article 13(1)(e). The Committee also notes information provided in the Government’s previous report indicating that section 26 of the above Act specifies such procedures for paragraph 1, subsection (f). The Committee notes that the Government has not provided reference to provisions specifying the procedures for the exercise of the rights referred to in Article 13(1)(a)–(d) and (2) of the Convention. The Committee reiterates its request that the Government provide information on the measures taken or envisaged in this regard.

Part V of the report form. Application in practice. The Committee notes that the Government has not provided information in its report on the application of the Convention in practice. The Committee reiterates its request asking the Government to provide information on how the Convention is applied in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, if possible disaggregated by sex, the number and the nature of infringements reported, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the comprehensive reports of the Government and the information they contain. It requests the Government to provide additional information on the following points.

2. Article 5, paragraph 3, of the Convention. Explosives and initiating devices. The Committee notes that the legislation referred to by the Government does not seem to include provisions providing that the manufacture, storage, transport and use of explosives and initiating devices at the mine is carried out by competent and authorized persons or by persons under their supervision. Please provide information on measures taken or envisaged in this regard.

3. Article 5, paragraph 4, subsection (a); Article 8; and Article 9, subsection (d). Medical and first-aid facilities. The Committee notes that section 13 of the Mine Health and Safety Act, 1996 (Mine Act), requires employers to establish a system of medical surveillance of employees at the mine. It also notes that the Government states in its report that the Mining Regulations Advisory Committee is currently addressing legislation on this issue. Please provide a copy of this legislation when adopted.

4. Article 5, paragraph 4, subsection (d). Handling of waste. The Committee notes that the legislation referred to by the Government does not seem to include provisions regulating the safe storage, transportation and disposal of hazardous substances used in the mining process and of the waste produced at the mine. Please provide information on measures taken or envisaged in this regard.

5. Article 5, paragraph 5. Plans of workings. The Committee notes that the legislation referred to by the Government does not seem to include provisions requiring the employer to ensure that appropriate plans of workings are prepared and kept up to date. Please provide information on measures taken or envisaged in this regard.

6. Article 7, subsection (c). Ground stability and underground workplace. Please indicate the specific provisions which regulate the requirement in this subparagraph of the Convention.

7. Article 9. Hazardous substances. The Committee notes that sections 6 and 10 of the Mine Act include provisions concerning measures to ensure the protection of workers from hazardous substances. The Committee also notes that the Government has indicated that, as a complement to these provisions, regulations with special focus on protection against exposure to chemical and biological hazards have been approved. Please provide a copy of the regulations referred to for examination by the Committee.

8. Article 10, subsection (c). System for keeping track of underground workers. The Committee notes the Government’s statement that regulations require employers to have a system whereby the names and location of all persons underground are known. Please indicate the specific provisions which regulate this requirement.

9. Article 13, paragraph 3. Consultation between employers, workers and representatives. The Committee notes that the regulations referred to do not seem to include provisions specifying the procedures for the exercise of the rights referred to in paragraph 1, subsections (a), (b), (c) and (d), and paragraph 2, of Article 13, of the Convention. Please provide information on measures taken or envisaged in this regard.

10. Part V of the report form. Application in practice. Please provide additional information on how the Convention is applied in practice in your country, including extracts from inspection reports, and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, if possible disaggregated by sex, the number and the nature of infringements reported, etc.