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8 System Definition
8.1.1 Mining Company Responsibilities
Expertise in subjects such as risk assessment and emergency preparedness are often
sought internally. Indeed many companies and design groups consider it desirable
to have in-house experience to identify concerns in such areas and recommend that
they be addressed by management. Very few recognize that performing a risk assessment is a profession requiring specific skills. Furthermore, internally-developed risk
assessment may be hazardous, as it can be fraught with conflict of interest and personal pressures.
Independent Tailings Board (ITB)
An ITB should be very carefully selected, with a truly independent risk specialist
and comprised of recognized industry geotechnical and management experts in the
design and operation of TSFs. The ITB has the purpose of providing a company with
an annual assessment of the effectiveness of its tailings governance and responsibility framework and to offer its advice and comments on key matters such as the
integrity of the dam structure, the identification and management of its hazards and
risks, the comprehensiveness of the assurance programs and the scope, depth and
team qualifications for individual assurance activities. The ITB should also be a line
of defence against normalization of deviance (https://www.riskope.com/2017/05/
03/oroville-dam-risks-became-unmanageable/) and the lack of systemic resilience
(https://www.riskope.com/2017/08/08/10-commandments-for-resilient-design/).
Qualified Professional Engineer (QPE)
The selection of the QPE or engineering firm for the design of a TSF should be based
on their qualifications, availability and local knowledge. Furthermore, because of the
complexity of tailings dams, a company needs to assess not only the lead engineer
but also the composition and members of the design team. Companies should use
their ITB to assist in the selection of the design consultant. In cases when the ITB
may not be fully formed, the early appointment of its chair would add significant
value to the selection process.
Here too the utmost care must be exercised to avoid any chance of conflict of
interest, human relation difficulties, “good old boy” networks, and complacencybased behaviours.
Engineer of Record (EOR)
Leading practice requires the appointment of an EOR to have professional responsibility for the design of and changes to each TSF, to conduct annual validations of
performance and to participate, as appropriate, in activities related to risk assessments, critical control measures and procedures, assurance activities.
To a great extent, the quality of a Tailings Management System (TMS) will depend
on the degree of input provided by a dam’s EOR and other experts on specific issues.
A mine’s management system only provides the framework for the documentation
of the procedures required by the experts to do the job properly.
Corporate law requires directors to use their skill and experience to provide oversight of the business of a company. Directors have a duty to act honestly and in good
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