Mining Industry Has An Obligation To Ensure Women's Safety

In terms of the Mine Health and Safety Act, 1996 ("MHSA") the Chief Inspector of Mines published a "Guidance Note for the Management of Gender Based Violence and Femicide ("GBVF"), Safety and Security Challenges for Women in the South African Mining Industry" (the "Guidance Note")

The introductory remarks in the Guidance Note emphasise the widespread and systematic issue of GBVF in South Africa and the disproportionate affect that this has on women and girls. It points out that, as a result, the South African government established an interim steering committee on GBVF in 2019, to develop a monitoring framework on an immediate response to GBVF. It also points out that studies conducted over the years have indicated that harassment and discrimination experienced by women in mining are barriers to the effective integration of women in the mining sector.

The Guidance Note also sets out the roles and responsibilities of the various persons involved in the processes to ensure that GBVF, and safety and security challenges for women in mining are managed at the mine. In particular, it sets out the roles and responsibilities of employers in the mining industry. The obligations placed on employers include, but are not limited to, the following:

1. Committing to ensuring zero tolerance towards GBVF.
2. Taking ownership and accountability for the implementation and reporting on the National Strategic Plan on GBVF, and focusing on (i) accountability, coordination and leadership; (ii) prevention and rebuilding social cohesion; (iii) response, care, support and healing; (iv) research and information systems; and (v) 16 Days of No Violence Against Women and Children
3. Developing and putting into operation GBVF related policies, strategies or implementation plans to address sexual harassment, gender discrimination and GBVF (including emotional abuse, bullying and physical abuse). Each mine must also have a sexual harassment policy which must be displayed on notice boards.
4. Reporting to the Department of Mineral Resources and Energy ("DMRE") on GBVF,using the prescribed form attached to the Guidance Note. Reports should be made on the development and implementation of GBVF policies or plans by an employer, collaboration with the criminal justice system to ensure that victims have access to those services as well as the observance of the 16 Days of No Violence Against Women and Children
5. Establishing GBVF management structures and systems that include, for example sexual harassment ambassadors that deal with GBVF matters, employee health and wellness services; a gender monitoring and evaluation committee; the provision of properly illuminated ablution facilities that are lockable from the inside; the provision of change rooms that are specific for women in mining in all the working areas; and, on site GBVF reporting systems allowing for anonymity and the further investigation of incidents.
6. Separating the victims from alleged perpetrators at the workplace.

Employers are also required to conduct training aimed at strengthening and delivering effective prevention and management programmes for GBVF and safety and security issues at mines. All formal training must be documented and should comply with the relevant provisions of the MHSA. Training must cover "gender mainstreaming for managers;" what constitutes GBVF, including sexual harassment (which should be a standing item on induction programmes); survivor focused responses; and, care and support programmes at the workplace for employees who are victims of GBVF.

All mines are required to develop and submit a GBVF implementation plan to the DMRE on the last day of the month of February annually, followed through by the submission of the progress report on the implementation of the previous year's plan. The prescribed template for reporting is attached to the Guidance Note.

Employers must ensure that a copy of the complete Guidance Note is readily available at the mine for examination by any affected person. It must also ensure that all employees are conversant with those sections of the Guidance Note relevant to their respective areas of responsibilities.

Lastly, the Guidance Note places obligations on managers and supervisors in mines to familiarise themselves with the relevant policies and procedures and to ensure the safety and security of women at the mine. Managers and supervisors must participate in training, report on progress made in relation to the management of GBVF policies, and refer victims to wellness programmes and support centres. Supervisors and managers must also ensure that systems are in place to address the safety and security of women and periodically review, assess, monitor and report on progress.

Although originating from mine health and safety legislation, it may have employment law implications in that employers may deem it necessary to formulate disciplinary rules aimed at reflecting the provisions of the Guidance Note.

*Reviewed by Peter le Roux, an Executive Consultant in ENS' Employment practice.