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28 June, 2023IndustriALL's affiliate, the National Union of Mineworkers (NUM), is planning to picket at the Anglo American offices in Johannesburg on 14 July to protest proposals to avoid stricter health and safety laws at some of the mining multinational's South African operations.
In 2022, Anglo American started a migration process in which it sought to exclude some of its operations from falling under the stringent Mine Health and Safety Act (MHSA). Water Val Smelter, Anglo Converter Plant, Precious Refinery, Rustenburg Base Metal Refinery and Mortimer Smelter would then be moved from the MHSA to be regulated by the Occupational Health Safety Act (OHSA) which applies to mostly manufacturing industries except mining.
Anglo American justified this decision by stating that it had sold the mining rights but remained with the process operations and surface rights. However, the NUM argues that the selling of mining rights does not remove refineries and smelters from being mining operations as defined in the MHSA.
The NUM says that the MHSA is a better law for the mining industry than the OHSA, and by moving workers to fall under the latter they will lose their hard-fought rights.” The union has taken Anglo American to the High Court to interdict the process. The NUM says if the multinational implements its proposal many workers rights will be affected. These include workers’ duties for health and safety, and the right of workers to refuse unsafe work and withdraw from dangerous work. Inspectors’ powers to deal with dangerous conditions and to recommend a fine will also be curtailed.
Other rights that will be affected are on initiating investigations for serious injuries and fatalities, right to participate in inquiries, and the joint conducting of inquiries and inquests in the event of death. These rights are in the MHSA but not in the OHSA. The NUM wants the national parliament to merge the two laws into one. This is supported by federations that are represented in the country’s social dialogue platform, the National Economic Development and Labour Council (NEDLAC).
NUM deputy general secretary Mpho Phakedi said,
“we have declared a dispute and launched an application in the High Court. We strongly condemn the unlawful migration from MHSA to OHSA. This so-called migration process is a self-created concept which does not exist in law.”
The union is expecting to receive support on its court application from the departments of mineral resources and energy, and employment and labour.
“The MHSA became law after consultations with unions and considering the health and safety concerns of the mine workers in South Africa. The law has been effective in reducing accidents in the mines. This means that Anglo American has a responsibility to act in the best interests of the workers by retaining the stricter law that is relevant to the mining industry. The company must protect workers’ interests according to the memorandum it signed with IndustriALL as well as per its own health and safety policies,”
said Atle Høie, IndustriALL general secretary.