Changes in the explosives regulations under the Mine Health and Safety Act are increasing the focus on safety through prescribed precautionary measures for explosives and blasting, states commercial law and litigation firm Fasken Martineau South Africa (SA).

The changes were promulgated in July and will come into effect next month.

“Several new features are prescribed, or ‘codified’, in significantly more detail, covering the life cycle of explosives – from storage and preparation to detonation and destruction methods,” says Fasken Martineau SA senior associate Neil Searle, stressing the inherent risks of using explosives in mining.

He tells Mining Weekly that injuries and deaths of mineworkers caused by blasting still occur, and emphasises the risks of fly rock in surface mining and blasting, as well as the dangers of flammable gases and geological instability in underground blasting.

Fasken Martineau SA partner Paul Fouche therefore highlights the importance of the additional, noteworthy prescribed measures now included in the Mine Health and Safety Act, as they provide greater clarity on certain precautions required.

“Important regulatory changes include [requirements pertaining to] the storage of old explosives, primers and the destruction of explosives,” he adds, highlighting the specific introduction of risk assessments and the requirement of written procedures before explosives can be destroyed.

Another key regulation is the emphasis on miner-manufacturer consultation, which is a significant safety feature, Fouche believes. The regulation stipulates that, after consultation with the explosives manufacturer or supplier, the employer must also ensure that a written procedure is prepared and implemented “to prevent persons from being exposed to the significant risks associated with the receipt, storage, issuing and transportation, inadvertent initiation and deterioration of explosives”.

Moreover, other significant new concepts include the revised competence criteria for persons conducting blasting and their assistants. “The regulations define that a competent person who is in control of blasting must hold certificates or qualifications recognised by the Department of Mineral Resources, while the assistant must be skilled through training recognised by the Mining Qualifications Authority,” Searle says.

Fouche explains that the competent person, in addition to, for example, exercising control over all explosives to be used for blasting and preparing primers, must also mark, authorise the drilling of and examine the shot holes – which are marked using a global positioning system – to ensure that holes are drilled and explosives are detonated with mini- mum risk to health and safety.

He adds that “the human oversight provisions ensure that there is clarity as to who is responsible and that there is certainty as to the process, thus minimising the scope to abdicate responsibility to technology”.

Other highlights include regulations pertaining to precautionary measures – Fouche emphasises the increased onus on mining companies to identify reasonable measures in addition to appointing competent persons to avoid the risks associated with explosives as a key element.

These measures underline a shift in the responsibility and potential liability of employers under the regulations, Searle adds, suggesting that the changes pre-empt the debate for oversight or supervisory systems in addition to simply appointing competent persons.

He says, while some mining houses may already have comprehensive safety systems, requiring only “tweaking procedures” to comply with the new regulations, other mining companies may require careful audits and overhauls of their procedures to ensure compliance.

Searle further warns that compliance risks might befall companies failing to comply after the regulations’ transition period of three months.