Modern Mining March 2024

DIGITAL MINE

New technology requires mindful and continuous risk management By Pieter Colyn Head: Mine and Occupational Health and Safety and Warren Hendricks Executive: Mine and Occupational Health and Safety at ENS

The Mine Health and Safety Act, 1996 (the MHSA) in South Africa requires that the em ployer provide a working environment that is safe, as far as reasonably practicable, and is without risk to the health of its employees. It is therefore incumbent on the employer to implement a holistic health and safety management system, which includes the identifica tion of hazards and assessment of risks, as well as take steps to mitigate or eliminate any hazards which employees may be exposed to at the workplace.

T his is a dynamic process and requires a con tinuous, rather than stagnant, approach to risk management. In balancing the demands of the South African mining regulatory environment and the introduction of innovative technology for use at a mine, both employer and Original Equipment Manufacturers (OEMs) would be best placed to be mindful that the introduction of automated or semi artificial intelligence systems at a mine and resultant negation of intervention by human resources, does not result in unanticipated oversight of potential risks, latent human error and liability associated with the implementation, operation, repair, maintenance of such systems. In an ideal world, new technology is introduced gradually, as result of the natural evolution of industry developments and knowledge over time. However, in recent times, the need to advance has arrived more swiftly. By way of example, the recent regu latory requirements in the Mine Health and Safety Regulations (MHS Regulations), which mandate that trackless mobile machinery (TMM) at a mine must have automated means to avoid a collision, without human intervention, namely the so-called prevent potential collision system (PPCS), was promulgated

with immediate effect. As such, employers in South Africa (in conjunction with OEMs) would have to be the forerunners in the investigation, design, instal lation, testing, certification and utilisation of such a system. Largely, and for the purpose of the MHSA, the obligation to implement health and safety systems at a mine are placed on the employer. Practically, however, the employer will rely on suppliers, import ers and/or OEMs to design, supply and manufacture products and equipment for use at a mine, as well as to play a significant role in the practical assessment of new products and equipment in particular mining environments. Each unique mining environment may yield different results. Of relevance in this context, is section 21 of the MHSA which prescribes specific statutory health and safety obligations for OEMs in relation to their prod ucts and equipment used at a mine. Implicit in these obligations is the necessity to identify hazards and assess risks associated with the use of their products and equipment at a mine. For OEMs, the importance of ensuring compli ance with the statutory obligations in terms of the MHSA, should be primary to avoid potential contra ventions of the provisions of the MHSA, but also to avoid unnecessary harm in relation to their indus try standing of providing reputable products and equipment. Section 21(1)(a) of the MHSA, specifically provides that: “(1) Any person who- (a) designs, manufactures, repairs, imports or supplies any article for use at a mine must ensure, as far as reasonably practicable- (i) that the article is safe and without risk to health and safety when used properly; and (ii) that it complies with all the requirements in terms of this Act” Section 21(1)(a) of the MHSA, is applicable to “any article”, which term “article” is not defined in the MHSA, and may encompass a number of products and equipment. It is implicit by the term “without

Pieter Colyn, Head: Mine and Occupational Health and Safety.

Warren Hendricks, Executive: Mine and Occupational Health and Safety.

Employers need to implement a holistic health and safety management system.

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34  MODERN MINING  March 2024