On Friday, 18 July 2025, Government Notice No. 6443 was published in Government Gazette No. 53025, in terms of which the Chief Inspector of Mines ("CIOM") from the Department of Mineral and Petroleum Resources issued a Guidance Note for Prevention and Management of Non-Communicable Diseases and Mental Health Disorders in the South African Mining Industry ("the Note"). The Note is said to apply to the South African mining industry and mining communities, as well as to all mine workers (irrespective of employment category and includes contract workers). As far as the application of the Note refers to "mining communities", it is important to keep in mind that it may in terms of section 9 (2) of the Mine Health and Safety Act 29 of 1996 ("the MHSA"), only apply to employees and to other persons "who may be directly affected by activities at the mine".
The employer is expected and encouraged to develop and implement a programme to assist employees in the prevention and management of non-communicable diseases ("NCDs") or mental health disorders ("MHDs") ("Programme").
The Note sets out the minimum requirements and good practices for the prevention and management of NCDs and MHDs, amongst employees, in the South African mining industry. In this regard it must be borne in mind that the health criterion of the employer in terms of the MHSA is one of "reasonable practicability". In other words the employer may only be required, "as far as reasonably practicable" to take the health measures in question. Under the auspices of section 11 of the Mine Health and Safety Act, 29 of 1996 ("MHSA"), the Note provides that the employer should conduct a thorough risk assessment addressing, amongst others, the following: quantifying the burden of NCDs and MHDs at the mine; identifying "risk factors" (defined as "the characteristic that increases a person's chance of getting a disease") associated with NCDs and MHDs and the management thereof; as well as identify high risk employees or those vulnerable to risk factors. To assist the employer, all reasonable available information such as employees' statistics on NCDs and MHDs, research reports, occupational hygiene exposure trends, records of absenteeism, sick leave, medical incapacity reports, information from the system of medical surveillance and statistics on natural deaths should be obtained and considered. The risk assessment is to be reviewed annually and updated, as and when the need arises.
Based on the outcomes of the risk assessment, the employer is required to establish a committee who shall be responsible for development, implementation and monitoring of the Programme, as well as prevention strategies. Furthermore, the employer is required to institute measures for auditing, monitoring and ensuring compliance with the Note.
In the development and implementation of such a Programme, the employer must ensure that it adheres to fair labour practices and the requirements of the Protection of Personal Information Act, 2013.
It must be noted, however, that the Note was issued by the CIOM, purporting to act in terms of the authority and powers set out in section 49(6), read with sections 9(2) and 9(3) of the Mine Health and Safety Act, 1996 ("MHSA"). The provisions relied upon relate to the requirement placed on the employer to prepare and implement codes of practices on, amongst others, matters affecting the health and safety of employees at the mine in accordance with the guidelines issued by the CIOM. Although the Note is issued as a "Guidance Note", it is clear that it remains a Guideline as it contains various guidelines. Further, it is issued, amongst others, in terms of section 49(6) and 9(3) which refer to "guidelines".
The effective date for the Note is recorded as Saturday, 01 November 2025.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
