On Friday, 30 May 2025, Notice 6266 was published on Government Gazette No. 52781, in terms of which the Chief Inspector of Mines ("CIOM") of the Department of Mineral and Petroleum Resources, issued the Guideline for a Mandatory Code of Practice for Road and Rail Management Safety in the South African Mining Industry ("the Guideline").
The objective of the Guideline is to enable the employer to compile a Code of Practice ("COP") to address hazards and risks associated with the usage of roads and railway lines used for activities associated with the mines. In particular, the Guideline seeks to address, amongst others, design and operating specifications, braking systems, operating procedures, maintenance and pre-use inspections, driver competency criteria and the provision of Personal Protective Equipment of the various modes of transportation used for the transportation of employees, minerals and materials by road or rail.
In terms of the Guideline, the employer must take reasonable measures to liaise with the appropriate department or authority (including, amongst others, the National Department of Transport, the South African National Roads Agency Limited and the Railway Safety Regulator) to improve road and/or rail safety where employees and commodities are being transported.
The Guideline states that it considers the potential impacts on areas beyond the mining right that may affect the health and safety of mine employees, without necessarily imposing legal obligations on employers other than the obligations already imposed on the employers by the MHSA. Notwithstanding the aforesaid, it must be emphasised that the powers of the CIOM are limited to the powers entrusted upon him by the provisions of the MHSA. Section 9(2) of the MHSA requires an employer to prepare and implement a COP on any matter affecting the health or safety of employees and other persons who may be directly affected by activities at a mine when the CIOM requires it. The Guideline imposes several requirements on the employer which exceed the scope of section 9(2) of the MHSA. Insofar as the scope of section 9(2) of the MHSA has been exceeded by a requirement imposed by the Guideline, such requirement should not be incorporated in the COP.
The effective date of the Guideline is recorded as Wednesday, 01 October 2025.
Click here to view a copy of the notice.
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