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.
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