1. What are some of the key health and safety related challenges currently facing the South African mining industry?
Competency of employees remains a key issue plaguing the mining industry. There have been a number of instances where fraudulent blasting certificates were obtained by miners / blasters, who are then appointed as competent persons in terms of MHSA Regulation 4.4(1) at various operations in the country, which poses a significant risk to the health and safety of persons. Mines therefore need to exercise greater caution when employing and appointing such persons, by verifying, as far as it is possible to do so, the veracity of the qualifications of competent persons.
2. What do you believe are the key takeaways from your mine health and safety legal liability awareness training that employees should apply in their working places?
In order to comply with its statutory obligations, the employer is required to implement an integrated health and safety management system. It is important for employees to understand what this integrated health and safety management system comprises, how it functions and what their role is to ensure the proper functioning in terms of this system.
Employees who carry statutory appointments need to carefully read their letters of appointment, to ensure that they know (and understand) what their specific legal duties and functions are. Employees more often than not do not read their letters of appointment and treat it as an administrative exercise.
It is further important for employees to understand what their statutory duties and responsibilities are under the MHSA, to ensure legal compliance in their areas of responsibility. There is often a misconception amongst employees, that only employees who carry statutory letters of appointment, can be held legally liable for failing to comply with the provisions of the MHSA. Employees who do not carry statutory appointments, need to understand that they too have duties and responsibilities under Section 22 of the MHSA, and that failing to comply with the provisions of Section 22 of the MHSA, is an offence in terms of the MHSA, for which personal fines and / or imprisonment may be imposed.
3. What are some key strategies for managing and mitigating risks in mining operations?
An effective system of hazard identification and risk assessment is key. Baseline and Issue-based risk assessments need to be reviewed regularly, to ensure that the hazards and risks which had been identified, are still applicable / relevant in relation to the work which is being carried out, especially in new project areas. Input needs to be obtained from various disciplines at the mine and additional input from external specialists need to be obtained where required. Training employees on how to conduct quality continuous risk assessments (SLAMs, pre-use checklists, safe declarations, Job Safety Analysis etc.) needs to be a key focus of employers.
4. How important is leadership in fostering a strong health and safety culture within mining operations?
Managers and Supervisors need to visit the working places within their area of responsibility on a regular basis, to ensure that the prescribed health and measures of the employer, are being implemented and complied with. The importance of Managers and Supervisors getting up from behind their desks and physically going to the various working places, cannot be overstated. Not only does visible felt leadership go a long way in fostering a culture of compliance in the working places, but it also results in deviations / noncompliance being detected early on, before it results in significant incidents / accidents.
5. What role does technology play in improving safety in mines?
There have been significant technological advancements over the years which have all greatly contributed in reducing the number of fatal accidents at mines. Slope stability monitoring systems and collision avoidance systems on Trackless Mobile Machines, are prime examples. The Department of Mineral Resources, as the regulator of the mining industry, also drives the use of technological advancements, to achieve the ultimate goal of zero harm.
6. How can mining companies achieve greater compliance with the provisions of the MHSA amid operational challenges?
Conducting third party legal compliance audits on a regular basis can assist mine management in detecting any “blind spots” at their operations. When you work in a high-risk environment on a daily basis, it is easy to become complacent and employees stop noticing obvious issues which require attention. A fresh set of eyes will inevitably spot non-compliances, and practical advice can be given on how to address any such issues, in order to ensure greater compliance.
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.