Modern Mining March 2024

recorded in the risk assessment;  consideration must be given to the medium of communication of the risk assessment to the end user;  the OEM should advise, and/or provide, the employer in relation to appropriate training to be provided to the employees at the mine, on the proper use of the products or equipment in a practical mining environment; and  consideration should be given in relation to the manner that the risk assessment may be updated, from time to time, as circumstances change or further technological advancements are made. Ensuring that a comprehensive risk assessment is prepared will provide a higher degree of protec tion of the health and safety of employees at work. Failure or neglect in this regard, may inevitably lead to potential and unwanted criminal or civil liability, as well as reputational damage in the mining industry. 

risk”, that one of these measures must include the conduct of a comprehensive risk assessment in relation to the contemplated or intended use of the product and equipment at a mine. Although there is no particular provision in sec tion 21 of the MHSA as to the manner in which the risk assessment should be conducted, this should be informed by the health and safety criterion “reason ably practicable” and the requirements of section 11 of the MHSA. Section 21(2) of the MHSA should also be considered, wherein in certain circumstances OEMs, and the like, may be relieved of their statu tory obligations by means of a written undertaking entered into between the OEM and the person(s) willing to provide such an undertaking. Generally, and practically, a product and equip ment risk assessment should deal with, amongst others:  a comprehensive risk rating table;  identification of, and assessment of the hazards and risks in relation to the contemplated or intended use of the article at a mine. This would imply that a practical assessment or evaluation must be conducted by the OEM (in conjunction with the particular employer) in relation to the use of the article at a mine. This to ensure that appro priate and accurate risks and hazards are identi fied, assessed and may be dealt with accordingly through elimination or mitigation. For instance, a generic risk assessment in an OEM manual may not be deemed “reasonably practicable”, depend ing on the particular circumstances;  the measures taken by the OEM and the recom mended measures to be taken by the end user of the product or equipment, to mitigate, control or eliminate the hazards and risks should be

MHS Regulations mandate that trackless mobile machinery at a mine must have automated means to avoid a collision.

The obligations to implement health and safety systems at a mine are placed on the employer.

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