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ar­ti­cle, as well as the lim­i­ta­tions of its use. Such con­di­tions must re­fer to the proper use of the ar­ti­cle as en­vis­aged in sec­tion 21(1)(a)(i).

Per­sons in­volved in the de­sign, man­u­fac­ture, re­pair, im­port and sup­ply of ar­ti­cles to mines must im­ple­ment mea­sures to en­sure that ap­pro­pri­ate in­for­ma­tion, guid­ance and as­sis­tance is pro­vided to their client. Such mea­sures may in­clude:

The con­duct of risk as­sess­ments and the pro­vi­sion of safe op­er­at­ing pro­ce­dures;

The pro­vi­sion of com­pre­hen­sive user ma­te­rial;

The pro­vi­sion of train­ing and train­ing ma­te­rial on the use or op­er­a­tion of the ar­ti­cle;

The al­lo­ca­tion of ap­pro­pri­ate re­sources to as­sist with the main­te­nance and re­pair of the ar­ti­cle;

The con­duct of reg­u­lar meet­ings be­tween rep­re­sen­ta­tives of the client and the de­signer, man­u­fac­turer, re­pairer, im­porter or sup­plier to dis­cuss any is­sues of con­cern; and

An of­fer for in­spec­tions and/or au­dits to be con­ducted to en­sure the ar­ti­cle re­mains in a safe con­di­tion and/or it is be­ing used in a safe man­ner.

Ques­tions are be­ing asked by the Mine Health and Safety Iin­spec­torate re­gard­ing the sys­tem im­ple­mented by de­sign­ers, man­u­fac­tur­ers, re­pair­ers, im­porters and sup­pli­ers of ar­ti­cles to com­ply with the pro­vi­sions of sec­tion 21 of the act, in par­tic­u­lar to test the knowl­edge of such per­sons of the pro­vi­sions of sec­tion 21. A fail­ure to com­ply with sec­tion 21 may con­sti­tute a crim­i­nal of­fence and a per­son who fails to com­ply is li­able to a fine or im­pris­on­ment.

In the event that a fa­tal ac­ci­dent has oc­curred and a de­signer, man­u­fac­turer, re­pairer, im­porter or sup­plier is un­able to show the man­ner in which it dis­charged its obli­ga­tions, in terms of sec­tion 21 of the act there is a pos­si­bil­ity of a con­vic­tion on the ba­sis of a con­tra­ven­tion of sec­tion 86(1) or sec­tion 86(2) (any per­son who by a neg­li­gent act or by a neg­li­gent omis­sion causes se­ri­ous in­jury or ill­ness or en­dan­gers the health and safety of a per­son at a mine com­mits an of­fence) and/or the com­mon law crime of cul­pa­ble homi­cide.

Pi­eter Colyn and Ce­leste Coles are di­rec­tors in ENSafrica’s Mine and Oc­cu­pa­tional Health and Safety Depart­ment.

Pic­ture: iSTOCK

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