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22 Dec 2022
BY ENSafrica

South Africa: Mine Health and Safety Regulations – Commencement of new regulations

South Africa: Mine Health and Safety Regulations – Commencement of regulations 8.10.1.2(b) and 8.10.2.1(b) in Chapter 8 (Machinery and Equipment), relating to trackless mobile machinery.

On Friday, 27 February 2015, Notice No. 215 was published in Government Gazette No. 38493, in terms of which the then Minister of Mineral Resources amended the regulations relating to machinery and equipment contained in Chapter 8 of the Mine Health and Safety Regulations, in terms of section 98(1) of the Mine Health and Safety Act, 1996.

The amendment related to the addition of regulation 8.10, which commenced operation within three months after the date of publication, with the exception of regulations 8.10.1.2(b) and 8.10.2.1(b).

On 21 December 2022, Notice No. 2908 was published in Government Gazette No. 47790, in terms of which the Minister of Mineral Resources and Energy declared that regulations 8.10.1.2(b) and 8.10.2.1(b) of the Mine Health and Safety Regulations, were effective from the date of publication of the notice in terms of section 98(1)(h) of the Mine Health and Safety Act, 1996. It is of upmost importance to note that the regulations published on 21 December 2022 do not make provision for a transitional period and have come into effect as of 21 December 2022.

For ease of reference, regulations 8.10.1.2 and 8.10.2.1 provide the following:

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

(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

(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."

"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

(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

(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."

Click here to view a copy of the notice published in 2015, and here to view a copy of the notice published on 21 December 2022

For more information, please contact the ENSafrica MOHS department here.

Willem le Roux
Mine and Occupational Health and Safety | Executive Consultant
wleroux@ENSafrica.com
+27 82 772 5267

Pieter Colyn
Mine and Occupational Health and Safety | Executive
pcolyn@ENSafrica.com
+27 83 327 2474 

Celeste Coles
Mine and Occupational Health and Safety | Executive
ccoles@ENSafrica.com
+27 82 875 8202 

Warren Hendricks
Mine and Occupational Health and Safety | Executive
whendricks@ENSafrica.com
+27 82 788 0733

Tyla Foster
Mine and Occupational Health and Safety | Executive
tfoster@ENSafrica.com
+27 82 708 0548

Gerhardt Ehlers
Mine and Occupational Health and Safety | Executive
gehlers@ENSafrica.com
+27 82 708 0178

Juanita Broom
Mine and Occupational Health and Safety | Executive
jbroom@ENSafrica.com
+27 82 560 2904

Cindy-Lee Bekeer
Mine and Occupational Health and Safety | Senior Associate
cbekeer@ENSafrica.com
+27 72 388 7882

Darryn Jacobus
Mine and Occupational Health and Safety | Senior Associate
djacobus@ENSafrica.com 
+27 82 310 4267

Bianca Nolan
Mine and Occupational Health and Safety | Senior Associate
bnolan@ENSafrica.com
+27 79 792 3414