As Chinese enterprises’ investment in South Africa’s mining industry continues to deepen, an increasing number of Chinese technicians, equipment experts and project managers have been dispatched to the front lines of mining areas, forming an efficient model of “short-term on-site work + on-site response”. However, in actual operation, many enterprises often encounter a key problem:
” Can our Chinese employees legally live in the mining area? “
It is permitted by law, but it must be managed in compliance
According to Articles 5 and 9 of the Mine Health and Safety Act (MHSA) of South Africa, as long as the mine accommodation facilities fall within the management or control scope of the employer, the following compliance requirements must be met:
The basic requirements include:
- Personnel density: One person per room to ensure privacy and epidemic prevention safety, and to avoid labor-management conflicts or health risks caused by group living.
- Living safety: The accommodation structure is stable, well-ventilated, and equipped with emergency lighting and fire extinguishing facilities.
- Hygiene and Bathing: Equipped with an independent bathroom, hot water shower and laundry area;
- Rotational rest mechanism: Implement a reasonable dispatch system of “two weeks of on-site work and one week of rest and recuperation”.
- Emergency response: 24-hour emergency duty mechanism, coordinated and linked with the medical room in the mining area;
- Filing and supervision: Accommodation arrangements must be written into the standard operating procedures (SOP) of the mine or applied for through Section 102, and be filed and supervised by the DMRE.
Non-compliant accommodation may have serious consequences
If an enterprise arranges foreign employees to be stationed in the mine without legal declaration or improper management, it will face the following compliance and operational risks:
- Issued a production halt or closure order by the DMRE in accordance with Section 54 of the MHSA;
- Received complaints from the trade union, claiming that there was differential treatment based on nationality;
- In the event of an accident, the insurance will not cover the claim and the company will bear full responsibility.
- It was regarded by the labor inspection authority as a violation of the Basic Employment Conditions Act and the Immigration Act.
Legal mine presence should start with the system
The key to legally arranging accommodation for Chinese employees in mines lies in system design, risk assessment and advance filing.
Peakpoint Advisory can provide you with:
- Bilingual accommodation system in Chinese and English and operation guidelines for the convenience of Chinese employees to implement;
- Assist in incorporating accommodation arrangements into the mine’s SOP and file them with the DMRE for record;
- Establish a management system of “one person, one room + rotational rest system + 24-hour emergency mechanism”;
- Provide rectification suggestions and compliance audit services for existing accommodation facilities.
Our suggestion:
The on-site arrangement at the mine must be incorporated into the overall compliance system. Do not “fill in the formalities” while carrying out construction.
Only by standardizing in advance can one achieve truly efficient and stable operation.
If you also hope that Chinese employees can live in the mine area with peace of mind and legally, please feel free to contact Peakpoint Advisory.
We assist you in building a compliant accommodation system from scratch to ensure the safe operation of your project and keep you away from risks.
📞 Welcome to contact:
📧 admin@peakpointadvisory.co.za
🌐 www.peakpointadvisory.co.za
