South African mineworkers' perspectives on the right to refuse dangerous work and the constraints to worker self-regulation

Abstract

The Mine, Health and Safety Act No. 29 of 1996, as amended, embodies worker self-regulation to advance health and safety in the workplace. An important provision for this is the Right to Refuse Dangerous Work (RRDW). This paper explores worker perspectives about the implementation of RRDW on South African mines against a backdrop of revised guidance in the sector: 'Guideline for a Mandatory Code of Practice on the Right to Refuse Dangerous Work And Leave Dangerous Working Places', gazetted in February 2016 by the Department of Mineral Resources (DMR). A mixed methods study conducted at mines (n = 14) included a survey of workers (n = 293), focus groups (n = 6) and in-depth interviews (n = 16). Workers reported a high level of awareness, a positive attitude, and experience of the formal RRDW. However constraints to the formal RRDW meant that informal worker resistance to dangerous work was commonplace. Evidence of informal non-confrontational consultation, cooperation, and collaboration in the event of a dangerous workplace also emerged between workers, and supervisors. The research underscores the importance of the RRDW and worker health and safety representatives to mine health and safety. The revised guidance addresses RRDW implementation gaps, but of concern is the potential partiality towards management interests. Health and safety, regulatory framework, worker participation.