Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Afrique du Sud

Convention (n° 155) sur la sécurité et la santé des travailleurs, 1981 (Ratification: 2003)
Convention (n° 176) sur la sécurité et la santé dans les mines, 1995 (Ratification: 2000)

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