Part 2 | Mine health and safety: amendments to rescue, first aid and emergency preparedness and response regulations

In ​part 1 of our summary of the significant amendments to the emergency preparedness and response regulations under Chapter 16 of the Mine Health and Safety Regulations, we unpacked overarching duties such as risk assessments, reporting, and the use of SCSRs. In part 2 of this summary, we look at the changes to rescue and fire responder teams, control room operations, refuge bay requirements, and the introduction of missing person locator systems.

Underground mining operations: Emergency preparedness and response – Mine rescue teams

Employers at underground operations must provide and maintain mine rescue teams at the mine, in the proportions set out below. These proportions are based on the number of persons who could be underground, not only employees. In our view, this use of the word “persons” is deliberate and must be factored into risk assessments and rescue planning. Employers must ensure the availability of sufficient, compliant breathing apparatus for use by mine rescue team members.

Minimum number of mine rescue teams required:

Each mine rescue team must:

• consist of at least eight trained members, with a minimum of six readily available at the mine for deployment in an emergency;
  
• be supported by a backup rescue team whenever entering:
  • areas with irrespirable atmospheres,
  • areas that exceed statutory environmental conditions, or
  • areas requiring rescue, recovery, reconnaissance, firefi​ghting, or mines rescue rope inspections;
  
  
• include at least two members with blasting certificates when deployed to any emergency; and
  
• include at least two members holding advanced mines rescue member certificates of competency, who may serve as captain or vice-captain during an emergency.
  

Employers must enter into a contract with a mines rescue services provider per mining shaft to coordinate and facilitate the provision of mines rescue teams and other services relating to an emergency on a cooperative basis. The provider must train and certify mine rescue team members to the prescribed competency levels, and train and certify persons to manage the control room in the event of an emergency when mine rescue teams are deployed.

The mine rescue services provider must be immediately notified by the employer if an emergency occurs at the mine that requires, or which may require, the use of the mine’s own rescue team members or the use of outside rescue teams.

In the event of an emergency, the employer must establish a suitable control room that meets the following minimum requirements:

• an up-to-date copy of the mine’s ventilation and rescue plan for any area that may be affected;
• a communication system that allows effective contact between the control room and the nearest fresh air base (ie the closest safe location in through-ventilation to the emergency site);
• an emergency communication system with a distinct ringtone to ensure prioritised attention;
• operation under the control of a Competent Person, trained and certified by the mines rescue services provider, and holding a mine manager’s certificate;
• a designated person in the control room must record all events and instructions issued during the emergency;
• only persons directly involved in the emergency may be present in the control room (others may be consulted as needed); and
• a written list of all known and anticipated hazards and risks in the emergency area must be compiled with assistance from relevant personnel and provided to all responders before rescue operations commence.

During an emergency, the employer must ensure that:

• a sufficient number of mine rescue teams are deployed as soon as reasonably practicable, and the person in control of the control room is aware of the captain and vice-captain of each team;
• the appointed occupational hygienist and the Regulation 2.13.1 engineer are present in the control room or appropriately substituted;
• rescue plans clearly showing the full route from the shaft entrance to the emergency site (and alternate escape routes) are available and distributed (each team must be given a copy before deployment);
• a fresh air base is established and maintained during operations, in accordance with the requirements of the mines rescue services provider;
• no unauthorised mine personnel go beyond the fresh air base or enter the emergency area;
• the control room manager consults with the mines rescue services provider when deploying external rescue teams;
• mine rescue teams are available and trained in terms of both the contract with the mines rescue services provider and the provider’s code of conduct.

Surface operations: Emergency preparedness and response – Surface fire responder teams

Employers at surface operations are required to provide and maintain readily available surface fire responder teams that are competent and equipped with sufficient emergency equipment to respond to any emergency that may occur at the mine, across all shifts worked.

The surface fire responder teams must:

• consist of at least seven trained team members;
• ensure that a minimum of five team members are readily available and deployable at any given time.

Employers must:

• enter into a contract with a mines rescue services provider appropriate to the type of operation;
• ensure that the surface fire responder team is equipped, trained, and certified as competent;
• provide refresher training twice a year in a simulated training gallery;
• ensure that team members complete at least one training session in real or artificial smoke using breathing apparatus;
• provide control room management training;
• ensure that a certificate of completion is issued by the mines rescue services provider; and
• renew this certification every three years.

Underground operations: Refuge bays

The revised regulations expand on the previous Chapter 16 provisions dealing with refuge bays, introducing more detailed obligations for employers regarding their design, equipping, and inspection.

Refuge bays must be constructed in a manner that:

• allows for the mines rescue services provider to use available equipment safely; and
• supports safe rescue and recovery operations from the refuge bay, as detailed in Mines Rescue Services – Member Mines Circular No. 02/2020 – Mobile Rescue Chamber in the Mining Industry (dated 10 February 2020).

In addition to the existing requirements, the revised regulations introduced the following obligations:

• ablution facilities in refuge bays must be hygienic;
• verbal communication to surface must be possible via an independent line with a unique dialling number, not shared with any other telephone; and
• refuge bays must not be located in the same excavation as permanent conveyor belts.

Inspection requirements for refuge bays now include:

• a 30-day inspection conducted by the person appointed in terms of regulation 2.15.1 (typically the shift supervisor);
• a separate 30-day inspection by the shift supervisor and either the regulation 2.17.1 appointee (safety officer) or an employee of higher rank; and
• a 90-day inspection conducted by the appointed occupational hygienist or a person under their control, with the inspection report submitted to the manager within seven days.

Missing person locator systems

A missing person locator system, which determines a person’s last known location if they go missing, must:

• be intrinsically safe;
• have a battery life informed by the outcome of a risk assessment to enable the locating of the missing person during and after working a shift; and
• be equipped with a data logging facility.

This system must be provided and used, as part of the mine’s emergency preparedness and response strategy, in respect of:

• every employee or person who goes underground at a mine;
• persons at a surface mine where the risk assessment shows that there is a significant risk of employees going missing, including being engulfed by slope failure;
• all mines where the unplanned or uncontrolled flow of water, broken rock, mud or slimes from a slimes dam may pose a significant risk to the safety of persons.

All personnel required to wear this device must be properly trained in its use and must wear it at all times.

In addition to ensuring that training is conducted, procedures must be prepared and implemented for:

• the inspection, repair and maintenance of the devices;
• calibration and testing in accordance with the manufacturer’s specifications;
• testing to ensure functionality; and
• the keeping of records of these tests.