While many South Africans living on or close to South Africa’s underground mining operations may have felt tremors from underground mining at some stage, the most potentially affected persons are those in close proximity to South Africa’s open pit (open cast) mining operations. The effects include ground vibrations which can lead to damaged structures (cracks to houses, broken windows, etc.), discomfort from the noise and vibrations, and, potentially, health aspects arising out of the exposure to dust that is liberated during blasting operations. As a result, affected persons including communities in and around mines regularly lodge complaints with the Department of Mineral Resources (DMR), and human rights and non-governmental organisations. This prompted the Mine Health and Safety Inspectorate (MHSI) of the DMR, in the past, to issue instructions to mining companies in relation to the blasts and the possible effects from the blast arising out of noise, dust, vibration and fly rock.
The effects of blasting have become a strong focus point for the MHSI, and while the Inspectors from the MHSI have wide-ranging powers and functions, to enforce the provisions of the Mine Health and Safety Act, No. 29 of 1996 (MHSA), the MHSI, through the Chief Inspector published the “Guideline for a Mandatory Code of Practice for Minimum Standards of Ground Vibrations, Noise, Air Blast, and Fly Rock near Surface Structures and Communities to be Protected” on 2 August 2024 (Guideline).
Extensive responsibilities for the health and safety of employees, and other persons who may be affected by mining activities, are placed on the “employer” in terms of the MHSA. Section 9 of the MHSA requires the “employer” (in summary, the entity which holds the right to prospect or mine) to prepare and implement mandatory codes of practice in accordance with guidelines issued by the Chief Inspector. In the hierarchy of documents that must be implemented by an “employer” in compliance with the MHSA, the codes of practice take priority, followed by standards, procedures and instructions.
The Guideline requires each “employer” to prepare and implement a code of practice in compliance with Section 9 of the MHSA which addresses, amongst others, the management of risks and hazards on ground vibration, noise, air blast and fly rock incidents emanating from blasting practices, and must include standard operating procedures (Procedures) that identify relevant structures to be protected (including a pre-survey), which is then used to determine site-specific baseline limits, restrictions and conditions to be complied with for ground vibrations, noise, air blast and fly rock to ensure that there is no significant risk to the specific structures and the health or safety of persons in the relevant area.
The Guideline introduces a novel concept, namely “who came first”, and the Guideline requires the principle of “who came first” to be applied. This principle means that measures must be put in place to ensure that structures which existed prior to the commencement of blasting operations are protected against the risks emanating from blasting operations, and that when new structures are built close to the mine boundary, these structures should be of a design that enables the structures to withstand the prescribed safety limits without sustaining undue damage.
The Guideline places the responsibility on the “employer” to communicate the prescribed safety limits to persons who intend constructing new structures within the area of influence.
The Guideline also addresses drill and blast design, quality assurance and quality control, monitoring and recording of results, and management of complaints.
The Guideline represents a significant step forward in the management of blasting-related consequences because it provides a formal framework within which the relevant hazards and risks are to be managed, going forward, and if the code of practice is implemented properly, this should reduce the number of complaints from affected persons, or, at the very least, provide a more detailed framework on how to manage the effects of blasting operations.
Please reach out if you require any more information or assistance with the implementation of the Guideline.
Disclaimer: This article is provided for informational purposes only and is not intended to serve as legal advice. Readers should consult one of our legal professionals for advice tailored to their specific circumstances.