Call to review mining legislation

LAWYERS acting for thousands of miners who contracted the fatal lung diseases silicosis and TB in mines have called on the state to review legislation regulating compensation of mineworkers who contract occupational lung diseases.

Richard Spoor, from Richard Spoor Inc, representing former mineworkers, was addressing the portfolio committee on mineral resources yesterday. He said there was an urgent need for the state to reconsider the compensation system afresh.

“They (state) must come up with something that works better, more modern, that meets the needs of workers and encourages the industry to take effective steps to protect the health and safety of the workers,” said Spoor.

The current compensation system borrows from two laws.

One is the Occupational Diseases in Mines and Works Act, which compensates workers and their dependants who have contracted occupational lung diseases caused by exposure to dust in mines.

The Compensation for Occupational Injuries and Diseases Act compensates all workers for occupational injuries and diseases, with the exception of lung diseases, caused by exposure to dust in mines.

Spoor said that under these laws, the capacity of inspectorates to monitor compliance by employers was limited. He argued that employers who do not comply with employment conditions in the mining industry are not taken to task.

“Prosecutions for non-compliance are extremely rare. I am not aware of a single prosecution or mine health and safety inquiry. There are no civil or criminal sanctions for non-compliance; employers have few incentives to improve health and safety in the workplace.”

Spoor argued that compensation afforded by the legislative fund scheme was lower.

“The legislation which applies to compensation of mineworkers with lung diseases is unchanged. Their old systems operate very unfairly to the workers, particularly unskilled workers. The benefits are bad and it’s extremely difficult for these workers to claim and recover their benefits,” he said.

Spoor and Charles Abrahams are embroiled in R5 billion settlement talks with implicated gold mining companies for a deal which could be reached by next month.

This comes after a classaction suit in 2011 following the Constitutional Court ruling that Thembekile Mankayi, a former employee of AngloGold Ashanti, could sue for R2.6 million for compensation for the silicosis he contracted. He was paid only about R16 320 from the statutory fund to which employers contributed.

Spoor said there was a need to settle the current matter urgently as some of their clients were dying.