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Manufacturers’ Legal Obligations in Terms of the Mine Health and Safety Act
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Manufacturers Legal Obligations in Terms of
the Mine Health and Safety ActMine Health and Safety Act (Act 29 of 1996)
AA COUTINHO
Director Mine Safety
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Manufacturers Product Scope Declaration (TCF)(SANS 551:2009 Ed1. Detonators, relays and explosives initiating devices for
commercial applications)
Validation of the suitability of the product for the intended application inaccordance with the Product Data supplied in the Manufacturers Product
Catalogue. It would be expected that the Manufacturer should advise the
User in writing if the Product is inappropriate for the application
contemplated by the User.
Review and agree the expected Product Performance criteria as warranted by
the Manufacturer and required by the User in the agreed application
environment
Failure of the Product to deliver quoted levels of performance could possibly
lead to claims by the User against the Manufacturer (CPA)???
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Section 21 (of the Act)
Manufacturer's and Supplier's duty for Health and Safety
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Section 21 (of the Act) contd
Manufacturer's and Supplier's duty for Health and Safety
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Section 21 (of the Act) contd
Manufacturer's and Supplier's duty for Health and Safety
(i) the use of the substance;
(ii) the risks to health and safety associated with the substance; (
(iii) any restriction or control on the use, transport and storage of the
substance, including but not limited to exposure limits;
(iv) the safety precautions to ensure that the substance is without risk to
health or safety, (v) the procedure to be followed in the case of an accident involving
excessive exposure to the substance, or any other emergency involving the
substance; and
(vi) the disposal of used containers in which the substance has been stored
and any waste involving the substance.
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Documentation to be provided by the Manufacturer
Regulatory certification of the Product, or Generic Group of
Products Product Risk Assessment
Comprehensive User Instructions
Specific Safety Precautions
Training Manuals-including pro-forma lesson plans and testsThe information provided must be of such a nature that the User
(Responsible appointed Manager ) is able to compile a Risk
Assessment ;Codes of Practice; and Training Programs; as
required by the Mine Health and Safety Act Section 11
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Product Risk Assessment(SANS 551:2009 Ed1. Detonators, relays and explosives initiating devices for
commercial applications)
Risk assessments are required for all new products and can also be requiredfor previously authorized products that have been changed or otherwise
modified.
For previously authorized products the risk assessment could be limited to
investigation of the effects of the proposed changes.
The objective of a risk assessment is to show that no fault or failure mode in
the construction or operation of an explosive, detonator, or initiator, will
compromise the safe handling of the device and its system in any way.
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Product Risk Assessment contd(SANS 551:2009 Ed1. Detonators, relays and explosives initiating devices for
commercial applications)
In cases where an electric or electronic detonator is initiated by a product-specific
control and initiation system, the risk assessment shall include the test equipment, the
control system and the electrical or electronic system as a whole including, for example
hardware, software and firmware in accordance with
BS EN 61508-1.
The risk assessment shall state the inherent safety of the test, the programming,
logging, and tagging, the inherently safe test equipment used in close proximity of the
blast, and the safety interlocked blast equipment.
Practical steps that shall be addressed in any risk assessment of IDs and IDSs, as well as
the examination of all conceivable causes of faults and failures that are typical to
blasting operations.
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Product Risk
Assessment(Specific Responsibility of
the Manufacturer)
Technical
Construction File:(In accordance with
Standards)
ARP 1717:2010: Guide to the regulatoryrequirements for the approval of detonators,
initiators and initiation systems used in
mining and civil blasting applications
SANS 551:2009 Ed1. Detonators, relays and
explosives initiating devices for commercial
applications
Completion of all required Technical testing in
compliance with National or International
Standards:- Verified by competent inspection
authority or qualified subject matter expert
References:'Technical Construction
File''User Instructions'
Comprehensive User
Instructions:
(In respect of the installation
and operation of the
Equipment or Product)
Deployment of the Product
Handling of Misfires
Disposal of Waste/Old Explosives
Schematic of the Product Risk Assessment
Process
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Closing Summary /Key Points
Consumer Protection Act Implications
Manufacturers compliance with MHSA
Section 21 and Hazardous Substances Act
Product Risk Assessment
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Questions
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