MINE HEALTH AND SAFETY ACT 29 OF 1996: COMMENCEMENT OF THE REGULATIONS RELATING TO TRACKLESS MOBILE MACHINERY

MINE HEALTH AND SAFETY ACT 29 OF 1996: COMMENCEMENT OF THE REGULATIONS RELATING TO TRACKLESS MOBILE MACHINERY

Notice Title: Mine Health and Safety Act 29 of 1996 (“MHSA”): Commencement of the regulations relating to trackless mobile machinery

Government Notices: GN 2908 in GG 47790 on 21 December 2022

Commencing date: 21 December 2022

The Minister of Mineral Resources and Energy (‘the Minister”) under section 98(1)(h) of the MHSA determined 21 December 2022 (i.e. the date of publication of the Notice in the Government Gazette) as the date on which sub-regulations 8.10.1.2(b) and 8.10.2.1(b) in Chapter 8 of the Mine Health and Safety Regulations, GNR 93, shall come into operation.

Regulation 8.10.1.2(b) pertains to the collision between trackless mobile machinery and pedestrians in underground mines and requires additional measures to be put in place as indicated in bold below:

“8.10.1.2      All underground diesel powered trackless mobile machines must be provided with means:

8.10.1.2(a)   to automatically detect the presence of any pedestrian within its vicinity. Upon detecting the presence of a pedestrian, the operator of the diesel powered trackless mobile machine and the pedestrian shall be warned of each other’s presence by means of an effective warning; and

8.10.1.2(b)   in the event where no action is taken to prevent potential collision, further means shall be provided to retard the diesel powered trackless mobile machine to a safe speed where after the brakes of the diesel powered trackless mobile machine are automatically applied. The prevent potential collision system on the diesel powered trackless mobile machine must fail to safe without human intervention.”

Regulation 8.10.2.1(b) pertains to the collision between diesel-powered trackless mobile machinery in any open-cast or open pit mine where there is a significant risk of collision, and requires additional measures to be put in place as indicated in bold below:

8.10.2.1       Every diesel powered trackless mobile machine must be provided with means to automatically detect the presence of any other diesel powered trackless mobile machine within its vicinity; and

8.10.2.1(a)   upon detecting the presence of another diesel powered trackless mobile machine, the operators of both diesel-powered trackless mobile machines shall be warned of each other’s presence by means of an effective warning; and

8.10.2.1(b)   in the event where no action is taken to prevent potential collision, further means shall be provided to retard the diesel powered trackless mobile machine to a safe speed where after the brakes of the diesel powered trackless mobile machine are automatically applied. The prevent potential collision system on the diesel powered trackless mobile machine must “fail to safe” without human intervention.

For a copy of the Government Gazette Notice click here.

How to ensure compliance at my operations?

Mining companies must take note of the commencement of the above regulations and ensure that the necessary actions are taken to comply with the additional safety requirements.

For more information or assistance please contact Gert van der Waal at gert@shangoni.co.za.

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