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Automation and third-party services: Transforming risk management in the modern mining industry

By Abbie Crutsinger | September 5, 2024

Explore how automation and third-party services in mining are transforming risk management, with a focus on insurance implications.
Corporate Risk Tools and Technology|Environmental Risks|ESG and Sustainability|Risk and Analytics
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In today's rapidly evolving mining industry, the integration of automation and third-party services is fundamentally reshaping the landscape of risk management and insurance. As companies increasingly rely on advanced technologies and continue use of external contractors, they must carefully navigate the implications for workers' compensation, general liability, and auto liability insurance. These advancements and partnerships, while offering significant operational benefits, also introduce new complexities and risks that require thoughtful consideration and strategic planning. Understanding how these changes impact insurance coverage is crucial for mining companies to protect their assets, reduce liability exposure, and optimize their risk management strategies in an increasingly automated and interconnected industry.

Workers compensation

As the mining industry continues to embrace automation, it is essential to consider how these technological advancements are reshaping various aspects of risk management, particularly workers' compensation insurance. The integration of automated machinery and robotics is not only transforming operational practices but also altering the industry's risk landscape. Automation in the mining industry significantly reduces workplace accidents by taking over high-risk tasks that were previously handled by human workers, thereby decreasing the likelihood of incidents caused by human error, fatigue, or hazardous conditions. This leads to fewer workers' compensation claims. Additionally, automated systems often include advanced safety features like real-time monitoring and automatic shutdowns in unsafe situations, contributing to a generally safer work environment and further lowering the frequency and severity of injuries. However, while automation mitigates many traditional risks, it introduces new ones. These include cybersecurity threats that could compromise automated systems, and the potential for equipment malfunctions or operational errors that might still pose risks to workers. The shift to automation also changes the workforce profile, emphasizing the need for highly skilled technicians who, while facing fewer physical hazards, must manage and repair sophisticated machinery—tasks that come with their own set of specialized risks. As a result of these improvements in safety and risk reduction, insurers may offer lower workers' compensation premiums to companies that have implemented significant automation. This can lead to substantial cost savings over time as the company's risk profile improves and fewer claims are made.

General liability

The use of third-party contracts in the mining industry can have considerable implications for your general liability insurance. When you engage third-party contractors, your company may become exposed to additional risks that aren't always fully covered under standard liability policies. These risks can arise from the actions or negligence of the contractors, which could lead to accidents, property damage, or other liabilities for which your company might be held responsible. One key concern is the potential for gaps in coverage. If your third-party contractors do not carry sufficient insurance or their policies do not align with your own coverage requirements, your company could be left vulnerable. Additionally, issues can arise from indemnity clauses in contracts that may unintentionally shift liability back to your company, even when the contractor is at fault. To mitigate these risks, it’s essential to ensure that all third-party contracts are carefully reviewed and that your general liability policy includes provisions for these additional exposures. This might involve requiring contractors to carry their own insurance with specific coverage limits, ensuring proper indemnity agreements are in place, and possibly adding them as additional insureds under your policy. By thoroughly assessing and managing these contractual relationships, you can better protect your company from unexpected liabilities and ensure that your general liability insurance remains robust and effective.

Auto

When your mining company hires third-party hauling services, it introduces specific risks related to vicarious liability and contingent liability that can directly impact your auto liability insurance. Vicarious liability refers to the legal responsibility your company might bear for the actions of the third-party haulers, even though they are not your direct employees. If a third-party hauler causes an accident while transporting materials for your company, you could be held liable for damages, which could lead to claims against your auto liability insurance. Contingent liability comes into play when the third-party hauler's own insurance is insufficient or fails to cover the damages. In such cases, your company may be required to step in and cover the shortfall, either through your own insurance or out-of-pocket. This can lead to increased exposure and potentially higher insurance costs. To manage these risks, it's crucial to ensure that the third-party haulers you contract with carry adequate insurance that meets or exceeds industry standards. Additionally, reviewing your own auto liability policy to ensure it covers potential gaps created by vicarious and contingent liability is essential. By proactively addressing these liabilities, you can better protect your company from unexpected costs and ensure that your auto liability insurance provides comprehensive coverage in the event of an incident involving third-party haulers.

Conclusion

As the mining industry continues to transform with the adoption of automation and the ongoing utilization of third-party services, the landscape of risk management and insurance must adapt accordingly. While automation significantly reduces traditional workplace hazards and can lead to lower workers' compensation claims, it introduces new risks that must be carefully managed. Similarly, engaging third-party contractors and haulers presents unique challenges in terms of general and auto liability, requiring thorough assessment and proactive management of insurance coverage. By staying ahead of these developments and strategically aligning insurance programs with the changing risk profile, mining companies can effectively mitigate potential liabilities and ensure comprehensive protection in an increasingly complex operating environment.

Disclaimer

Willis Towers Watson hopes you found the general information provided in this publication informative and helpful. The information contained herein is not intended to constitute legal or other professional advice and should not be relied upon in lieu of consultation with your own legal advisors. In the event you would like more information regarding your insurance coverage, please do not hesitate to reach out to us. In North America, Willis Towers Watson offers insurance products through licensed entities, including Willis Towers Watson Northeast, Inc. (in the United States) and Willis Canada Inc. (in Canada).

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Associate Director – Client Advocate, Natural Resources
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