Coal Mining Safety and Health Regulation 2017

1Short title

This regulation may be cited as the Coal Mining Safety and Health Regulation 2017.

2Commencement

This regulation commences on 1 September 2017.

3Definitions

The dictionary in schedule 9 defines particular words used in this regulation.

4Application of chapter

Unless otherwise stated, this chapter applies to surface mines and underground mines.

Note—

See also chapter 3 which is about surface mines and chapter 4 which is about underground mines.

5Ways of achieving an acceptable level of risk

(1)This chapter, other than sections 47(2), 49B(2) and 52(1), prescribes ways of achieving an acceptable level of risk at a coal mine in the circumstances mentioned in this chapter.

(2)However, this chapter does not deal with all circumstances that expose someone to risk at a coal mine.

(3)A person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed.

Note—

See section 34 of the Act for the penalty for failing to discharge the obligation.

s 5 amd 2018 SL No. 102 s 7

6Basic elements

A coal mine’s safety and health management system must provide for the following basic elements—

(a)risk identification and assessment;

(b)hazard analysis;

(c)hazard management and control;

(d)reporting and recording relevant safety and health information and data.

6APotential hazard guide—coal seam gas or petroleum

(1)The potential hazard guide in schedule 1A is a list of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum.

(2)The guide is intended to help the site senior executive for a coal mine identify the matters mentioned in subsection (3) for preparing the coal mine’s safety and health management system, including a joint interaction management plan mentioned in division 4.

(3)For subsection (2), the matters are the activities, and the impact of the activities, that—

(a)are carried out or proposed to be carried out as part of coal mining operations at the coal mine; and

(b)may affect safe production of coal seam gas or petroleum under an adjacent petroleum lease or overlapping petroleum lease.

s 6A amd 2019 SL No. 250 s 4

7Keeping information and data on which risk assessment is based

The site senior executive for a coal mine must ensure a copy of each risk assessment for the mine, and information and data on which the assessment was based, is kept at the mine until—

(a)the assessment is superseded; or

(b)the hazard to which the assessment relates is no longer at the mine.

8Notification of safety and health issues generally

(1)A coal mine’s safety and health management system must provide for effective notification to each person at the mine of the following—

(a)protocols for taking action in life threatening situations;

Example—

CPR protocols

(b)emergencies, and the location of known hazards, affecting the person’s safety or health.

(2)The system must provide for the following—

(a)giving the person immediate notification of matters relevant to the person’s safety or health during coal mining operations;

Example—

a notification about slippery road conditions

(b)the prompt summonsing of assistance in an emergency;

(c)assistance from external entities in an emergency;

(d)communicating with the external entities;

(e)access by inspectors to the external entities’ contact details;

(f)access by an inspector in the district in which the mine is located to an emergency contact number for the mine;

(g)for a surface mine—giving notification of known hazards in and around a surface mine excavation, including areas where mining activities are taking place, to the open-cut examiner responsible for the excavation;

(h)for an underground mine—giving notification of known hazards in an ERZ to the ERZ controller for the zone.

9Application of requirement to have a standard operating procedure for a hazard

A requirement under this regulation for a coal mine to have a standard operating procedure for a hazard applies only if the hazard is at the mine.

10Developing standard operating procedures

(1)The site senior executive for a coal mine must ensure the following steps are taken in developing standard operating procedures for managing and controlling hazards at the mine—

(a)the site senior executive must consult with a cross-section of the mine’s coal mine workers involved in carrying out a task under the proposed standard operating procedure to identify the hazards associated with the task and ways of controlling the hazards;

(b)the site senior executive must prepare a draft standard operating procedure and give a copy of the procedure to the coal mine workers with whom the site senior executive consulted;

(c)if the coal mine workers agree with the draft standard operating procedure, the site senior executive must prepare the procedure as the final standard operating procedure;

(d)if the coal mine workers do not agree with the draft standard operating procedure—

(i)for a disagreement that is not about a legal or technical matter—the site senior executive must decide the disagreed matter and prepare the final standard operating procedure; or

(ii)for a disagreement that is about a legal or technical matter—the site senior executive must—

(A)obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and

(B)after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and

(C)if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure;

(e)the site senior executive must include the final standard operating procedure in the mine’s safety and health management system.

(2)The site senior executive must ensure—

(a)the final standard operating procedure accords with—

(i)all matters agreed, under this section, between the site senior executive and coal mine workers; and

(ii)the site senior executive’s decision, under this section, on any disagreed matters; and

(b)a record is kept of the disagreed matters.

(3)In developing the standard operating procedure, the site senior executive must—

(a)use a risk assessment process recognised by the mining industry as an acceptable process for identifying and controlling hazards; and

(b)have regard to the methods of controlling the hazard stated in the database kept by the CEO under section 280(1)(a)(i) of the Act.

s 10 amd 2020 SL No. 69 s 24 sch 1

11Accessing standard operating procedures

The site senior executive for a coal mine must ensure—

(a)a list of the mine’s current standing operating procedures is kept at the mine in a location that is easily accessible by each coal mine worker at the mine; and

(b)a copy of the current standard operating procedure for a particular activity at the mine is available to, and is kept in a location that is easily accessible by, each coal mine worker carrying out the activity; and

Example of a location that is easily accessible for an underground coal mine worker—

a crib room

(c)the list and each standard operating procedure is kept in a format that is easy to use and understand.

12Accessing recognised standards

The site senior executive for a coal mine must ensure—

(a)a list of the current recognised standards for the mine’s coal mining operations is kept at the mine in a location that is easily accessible by the mine’s coal mine workers; and

(b)a copy of the current recognised standard for a particular coal mining operation is available to, and easily accessible by, each coal mine worker engaged in the operation at the mine; and

(c)the list and each recognised standard is kept in a format that is easy to use and understand.

12AApplication of division

(1)This division applies to a coal mine on land the subject of a mining lease if—

(a)coal mining operations are carried out at the coal mine—

(i)within the area of a petroleum lease (an overlapping petroleum lease); or

(ii)adjacent to the area of a petroleum lease (an adjacent petroleum lease); or

(iii)adjacent to the area of a mineral hydrocarbon mining lease, within the meaning of the Mineral Resources Act 1989, section 739; and

(b)the coal mining operations physically affect, or may physically affect the safety of persons or plant in the area of the petroleum lease.

(2)In this section—

area, of a petroleum lease, see the Petroleum and Gas (Production and Safety) Act 2004.

mining lease means a mining lease granted before 27 September 2016.

12BPlan to manage overlapping areas

(1)A joint interaction management plan that contains at least the matters stated in the Mineral Resources Regulation 2013, section 26(1)(b) must be made for the coal mine before the coal mining operations start.

(2)Before making the joint interaction management plan, the site senior executive must comply with the consultation requirement under the Mineral Resources Regulation 2013, section 25, as if a reference in that section to the holder were a reference to the site senior executive.

12BADefinitions for division

In this division—

authorised activities operating plant see section 64D of the Act.

overlapping area see—

(a)the Mineral and Energy Resources (Common Provisions) Act 2014, section 104; or

(b)the Mineral Resources Regulation 2013, section 23(1)(a).

12BBAdditional information required for joint interaction management plan—co-ordination of obligations

(1)This section applies for—

(a)section 64F(1)(i) of the Act; and

(b)the Mineral Resources Regulation 2013, section 26(1)(h).

(2)The joint interaction management plan must also describe the way in which the site senior executive of the coal mine and the operator of each operating plant in the overlapping area intend to communicate about, and co-ordinate, each of the following obligations applying for the coal mine and the operating plant—

(a)emergency obligations;

(b)incident response obligations;

(c)induction training obligations;

(d)information exchange obligations;

(e)vehicle safety obligations.

(3)In this section—

emergency obligations means—

(a)for the coal mine—obligations under chapter 2, part 5; and

(b)for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004, sections 675(1)(l) and 693(d) and (e).

incident response obligations means—

(a)for the coal mine—obligations under part 11 of the Act; and

(b)for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004, sections 705D, 706 and 707.

induction training obligations means—

(a)for the coal mine—obligations under sections 82(2)(a) and 83; and

(b)for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004, section 693(a).

information exchange obligations means—

(a)for the coal mine—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014, section 154; and

(b)for the operating plant—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014, section 154 or the Petroleum and Gas (Safety) Regulation 2018, section 51.

vehicle safety obligations means—

(a)for the coal mine—obligations under sections 66, 74, 76, 128 and 135; and

(b)for the operating plant—obligations under the Petroleum and Gas (Safety) Regulation 2018, section 52.

s 12BB amd 2018 SL No. 135 s 176

12BCRequirements for boreholes

(1)This section applies if an overlapping area is subject to—

(a)either—

(i)an authority to prospect granted before or after the start date; or

(ii)a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004, section 908(2); and

(b)a mining lease granted, or an application for a mining lease made, after the start date.

(2)If the mining lease is for an underground coal mine—

(a)the additional safety requirements mentioned in sections 12BD and 12BE apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and

(b)the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements.

(3)If the mining lease is for a surface mine—

(a)the additional safety requirements mentioned in section 12BD apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and

(b)the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements.

(4)Despite subsections (2) and (3), the resource authority holders for the overlapping area may agree on an alternative safety requirement for the borehole.

(5)If the resource authority holders for the overlapping area agree under subsection (4) on an alternative safety requirement for a borehole—

(a)the standard safety requirements for the borehole do not apply to the borehole to the extent the alternative safety requirement is inconsistent with the standard safety requirements; and

(b)the alternative safety requirements for the borehole must be included in the joint interaction management plan for the overlapping area.

Note—

See section 64E(1)(c) of the Act for the requirement to comply with the joint interaction management plan.

(6)In this section—

additional safety requirements, for a borehole, means requirements applying to the borehole under section 12BD or 12BE.

alternative safety requirement, for a borehole, means a method or procedure that—

(a)does not comply with the additional safety requirements for the borehole; and

(b)achieves a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements.

standard safety requirements, for a borehole, means the requirements applying to the borehole under section 100.

start date means 27 September 2016.

12BC amd 2019 SL No. 89 s 4

12BDAdditional safety requirement—requirement to remove particular equipment from boreholes

(1)The site senior executive for a coal mine must—

(a)use the site senior executive’s best endeavours to ensure all prescribed equipment that is in a borehole drilled for the mine’s mining lease (coal) is removed before the borehole is plugged and abandoned; and

(b)ensure the following is available for use at all times when drilling operations in a borehole drilled for the mine’s mining lease (coal) are carried out—

(i)adequate equipment for preventing or mitigating the loss of prescribed equipment in the borehole;

(ii)adequate equipment for seeking to recover prescribed equipment lost in the borehole.

(2)If prescribed equipment is lost in a borehole drilled for a mine’s mining lease (coal), the site senior executive for a coal mine must—

(a)within 24 hours after the equipment is lost—notify each operator of an authorised activities operating plant in the overlapping area; and

(b)within 3 days after the equipment is lost—consult with the chief inspector about the period in which efforts to recover the lost equipment should be made; and

(c)abandon efforts to recover the lost equipment only if the chief inspector agrees to the abandonment.

(3)In this section—

prescribed equipment means—

(a)metal equipment, other than casing; and

(b)any other equipment or material that may create a hazard to coal mining operations.

12BEAdditional safety requirement—requirement to fill boreholes

(1)This section prescribes safety requirements for plugging and abandoning a borehole drilled for a mine’s mining lease (coal) in an overlapping area.

(2)The site senior executive for a coal mine must ensure that, as part of the plugging and abandoning of the borehole—

(a)the borehole is filled with cement from the bottom of the borehole to the surface of the borehole, unless each operator of an authorised activities operating plant in the overlapping area otherwise agrees; and

(b)packers and fluids are not left in the borehole.

(3)This section applies in addition to the requirements under section 100.

12CDefinitions for part

In this part—

reporting period, for a coal mine, means—

(a)if the responsible person for the coal mine chooses under section 12FA(2) to give a safety and health census for the coal mine for a financial year—the financial year; or

(b)otherwise—each quarter.

s 12C def reporting period ins 2019 SL No. 221 s 4

responsible person, for a coal mine, see section 12D.

safety and health census see section 12F(1).

safety and health fee see section 12E(1).

12DMeaning of responsible person

(1)A person is a responsible person for a coal mine if the person is—

(a)for a coal mine operated under a mining tenure—

(i)if the coal mine operator is an individual—the holder of the mining tenure for the coal mine; or

(ii)if the coal mine operator is a corporation—the coal mine operator for the coal mine; or

(b)for a place that is a coal mine under section 9(1)(c) of the Act—the person in control of the coal mine.

(2)However, if the mining tenure mentioned in subsection (1)(a)(i) is held by more than 1 person, for the purpose of giving or receiving notices under this part, including for giving a safety and health census under section 12F, the responsible person for the coal mine is—

(a)if a person has been specified under the Mineral Resources Act 1989 as the person on whom any notice may be served on behalf of the holders of the mining tenure—the person specified; or

Note—

See the Mineral Resources Act 1989, sections 133(c), 183(1)(c) and 245(1)(c).

(b)otherwise—any person who is a holder of the mining tenure.

12EPayment of safety and health fee

(1)The responsible person for a coal mine must pay a fee (a safety and health fee) for each reporting period to cover the cost of activities carried out for the purposes of safety and health for coal mining operations.

(2)The amount of the safety and health fee for a reporting period for a coal mine is stated in schedule 8, part 2.

(3)The amount of the safety and health fee for a reporting period for a coal mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the coal mine under section 12F for the reporting period.

(4)The CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for a reporting period for the coal mine within 40 days after receiving the safety and health census for the reporting period.

(5)The invoice must state a day for payment that is at least 30 days after the day the CEO gives the responsible person for the coal mine the invoice.

(6)The responsible person for the coal mine must pay the safety and health fee for the reporting period on or before the day for payment stated in the invoice.

Maximum penalty—100 penalty units.

(7)Subsection (4) does not apply if the CEO reasonably believes, based on information available to the CEO, that—

(a)a safety and health census received is incomplete or contains information that is incorrect; or

Note—

See section 12G.

(b)no safety and health fee for the reporting period for the coal mine is payable under schedule 8, part 2.

s 12E sub 2019 SL No. 221 s 5

amd 2020 SL No. 69 ss 4, 24 sch 1

12FSafety and health census to be given at the end of each reporting period

(1)The responsible person for a coal mine must give the CEO, within 20 days after the end of each reporting period, a written notice (a safety and health census) stating the number of coal mine workers working at the coal mine during the reporting period.

Maximum penalty—100 penalty units.

(2)Despite subsection (1), the responsible person may give the safety and health census after the 20-day period mentioned in the subsection ends if, before the period ends—

(a)the responsible person applies to the CEO in writing to extend the period to give the safety and health census; and

(b)the CEO gives the responsible person a notice stating that the responsible person may give the safety and health census before the end of a day stated in the notice for that purpose.

(3)If the responsible person is given notice under subsection (2)(b), the responsible person must give the CEO the safety and health census before the end of the day stated in the notice for giving the census.

Maximum penalty—100 penalty units.

(4)The safety and health census must be in the approved form.

s 12F amd 2019 SL No. 221 s 6; 2020 SL No. 69 s 24 sch 1

12FA Reporting period for coal mine with 5 or fewer workers

(1)This section applies if the number of coal mine workers working at a coal mine is 5 or fewer.

(2)Subject to subsection (6), the responsible person for the coal mine may choose to give a safety and health census for the coal mine for a financial year, rather than for each quarter of a financial year.

(3)The responsible person for the coal mine may choose to give a safety and health census for a financial year regardless of whether the person has already given a safety and health census for the coal mine for an earlier quarter of the financial year.

(4)Subsection (5) applies if the responsible person for the coal mine—

(a)chooses to give a safety and health census for the coal mine for a financial year; and

(b)has already paid a safety and health fee for the coal mine for an earlier quarter of the financial year.

(5)The CEO must credit the amount of the fee already paid to the amount of the safety and health fee payable for the coal mine using the safety and health census for the financial year.

(6)The CEO may, by written notice to the responsible person for the coal mine, require the person to give a safety and health census for the coal mine for each quarter of the current financial year and subsequent financial years.

(7)The CEO may cancel the requirement under subsection (6) by subsequent written notice given to the responsible person for the coal mine.

s 12FA ins 2019 SL No. 221 s 7

amd 2020 SL No. 69 s 24 sch 1

12FB Effect of notice or increase in worker numbers

(1)This section applies if—

(a)the responsible person for a coal mine has chosen to give a safety and health census for the coal mine for a financial year under section 12FA(2); and

(b)during the financial year—

(i)the CEO gives the responsible person a notice under section 12FA(6) requiring a safety and health census for the coal mine for each quarter of the financial year; or

(ii)the number of coal mine workers working at the coal mine increases to more than 5.

(2)Despite section 12C, definition reporting period, the reporting period for the coal mine is each quarter of the financial year.

(3)The responsible person must give the CEO a safety and health census for the coal mine for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day.

(4)Section 12F applies in relation to a safety and health census mentioned in subsection (3)—

(a)as if the reference in section 12F(1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and

(b)with any other necessary changes.

(5)Section 12H applies in relation to a safety and health census mentioned in subsection (3)—

(a)as if the reference in section 12H(1)(b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and

(b)with any other necessary changes.

(6)Subsection (2) stops applying if the requirement mentioned in subsection (1)(b)(i) is cancelled under section 12FA(7).

(7)If subsection (1)(b)(ii) applies, the responsible person for the coal mine may not choose under section 12FA(2) to give a safety and health census for the coal mine for the financial year, even if the number of coal mine workers decreases to 5 or fewer.

(8)In this section—

required day means—

(a)if the CEO has stated a day by which a safety and health census must be given in a notice under section 12FA(6)—the day stated in the notice; or

(b)otherwise—the day that is 20 days after the end of the current quarter.

s 12FB ins 2019 SL No. 221 s 7

amd 2020 SL No. 69 s 24 sch 1

12FC Records of information included in safety and health census

(1)This section applies to a responsible person for a coal mine who is required to give the CEO a safety and health census.

(2)The responsible person must keep records enabling the accuracy of the information required to be included in the safety and health census to be verified.

Maximum penalty—100 penalty units.

(3)Without limiting subsection (2), the responsible person must keep records enabling the accuracy of the following information required to be included in the safety and health census to be verified—

(a)the number of coal mine workers working at the coal mine;

(b)the number of full-time coal mine workers, and non full-time coal mine workers, working at the coal mine;

(c)the number of hours worked by coal mine workers working at the coal mine.

(4)The responsible person must keep the records in a way that—

(a)enables the responsible person to give the CEO the records within 14 days after the CEO asks for the records; and

(b)enables the CEO to easily verify the accuracy of the information included in the safety and health census.

Maximum penalty—100 penalty units.

(5)If the CEO asks the responsible person to give the CEO the records, the responsible person must give the CEO the records—

(a)within 14 days after the CEO asks for the records; or

(b)if the CEO agrees in writing with the responsible person to another period—within the other period.

Maximum penalty—100 penalty units.

(6)The responsible person must keep the records for 7 years after the day the responsible person is required to give the CEO the safety and health census.

Maximum penalty—100 penalty units.

s 12FC ins 2020 SL No. 69 s 5

12GNotice may be given if safety and health census not given or is inadequate

(1)This section applies if the CEO reasonably believes, based on information available to the CEO, that a responsible person for a coal mine—

(a)has not given a safety and health census under section 12F; or

(b)has given an incomplete safety and health census; or

(c)has given a safety and health census containing information that is incorrect.

(2)The CEO may give the responsible person a notice—

(a)stating each of the following—

(i)the ground mentioned in subsection (1)(a), (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person;

(ii)if the ground is the ground mentioned in subsection (1)(c)—the information the CEO reasonably believes is incorrect;

(iii)the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the coal mine;

(iv)the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii); and

(b)inviting the responsible person to give the CEO, within the reasonable period stated in the notice, a written submission about why the responsible person for the coal mine should not be invoiced for the amount mentioned in paragraph (a)(iii).

(3)The CEO must consider any submissions given by the responsible person within the period stated in the notice.

(4)If, after complying with subsection (3), the CEO is satisfied an amount of a safety and health fee is payable by the responsible person, the CEO may give the responsible person an invoice for the fee.

(5)Subsection (4) applies even if the responsible person has already been given an invoice for, or paid, a different amount for the fee.

(6)The responsible person must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice.

Note—

See section 265 of the Act for the recovery of fees.

s 12G amd 2020 SL No. 69 s 24 sch 1

12HFee for late safety and health census

(1)This section applies if a responsible person for a coal mine does not give a safety and health census for a reporting period before either or both of the following—

(a)if the CEO has given the responsible person a notice mentioned in section 12F(2)(b)—the day after the day stated in the notice for giving the safety and health census;

(b)otherwise—the day that is 21 days after the end of the reporting period.

(2)The obligation under section 12F to give a safety and health census continues to apply until that section is complied with.

(3)A late fee applies and is payable as well as any penalty imposed under section 12F(1) or (3).

(4)The amount of the late fee is stated in schedule 8, part 2.

s 12H amd 2019 SL No. 221 s 8; 2020 SL No. 69 s 24 sch 1

12IInterest payable on unpaid fees

(1)This section applies if a responsible person for a coal mine does not pay any amount of a safety and health fee under section 12E or 12G.

(2)The responsible person must pay interest on the unpaid amount at the rate of 15% a year.

(3)The interest must be calculated as simple interest.

(4)The interest payable on the unpaid amount may be recovered by the CEO as a debt.

s 12I amd 2020 SL No. 69 s 24 sch 1

12JRefund of overpayment of safety and health fee

(1)If a safety and health fee is overpaid by a responsible person for a coal mine, the CEO must refund the amount of the overpayment to the responsible person.

(2)No interest is payable on the amount refunded.

s 12J amd 2020 SL No. 69 s 24 sch 1

12KWhen election under Act, s 93 must be held

An election of a site safety and health representative for a coal mine or part of a coal mine must be held under section 93 of the Act if—

(a)the office of a site safety and health representative for the coal mine or part is vacant or will become vacant before the election; and

(b)a relevant coal mine worker—

(i)asks the chief inspector, in writing, for an election to be held; and

(ii)gives a copy of the request to the site senior executive for the coal mine.

12LWho is to conduct election under Act, s 93

(1)This section applies to an election for a site safety and health representative for a coal mine or part of a coal mine under section 93 of the Act.

(2)The election must be conducted by 1 or more of the following as decided by the chief inspector—

(a)a particular involved union, or particular involved unions, for the election;

(b)the site senior executive for the coal mine;

(c)a qualified body appointed by the chief inspector.

(3)However, subsection (2) does not compel an entity to conduct, or jointly conduct, the election.

(4)In making a decision under subsection (2), the chief inspector must have regard to any written submissions made by—

(a)an entity mentioned in subsection (2)(a) or (b); or

(b)a relevant coal mine worker.

(5)The chief inspector may inform himself or herself of any matter relevant to making the decision in the way he or she considers appropriate.

(6)The election must be conducted by secret ballot under the prescribed site safety and health representative election process in schedule 1B unless the entity or entities conducting the election are or include an involved union, or involved unions, for the election.

(7)If the entity or entities conducting the election are or include an involved union, or involved unions, for the election, the election must be conducted by secret ballot under—

(a)fair rules of the involved union or fair rules agreed to between the involved unions; or

(b)the site safety and health representative election process prescribed in schedule 1B.

(8)An organisation is an involved union, for an election, if—

(a)the organisation is a Federal or State industrial organisation of employees; and

(b)a coal mine worker who is a member of the organisation is an elector in the election; and

(c)the worker is qualified to be a member of the organisation because of the work the worker performs in his or her employment at the mine.

12MObligations of entity or entities conducting election

The entity or entities conducting an election under section 93 of the Act must ensure the election is—

(a)supervised by a person who has had formal training as a returning officer; and

(b)conducted under fair procedures that give each elector an equal opportunity to freely vote in the election.

12NState to pay reasonable costs of qualified body in conducting election

(1)This section applies if the chief inspector appoints a qualified body as the entity or 1 of the entities to conduct an election under section 93 of the Act.

(2)The reasonable costs of the qualified body in conducting the election are to be paid by the State.

12OTerm of appointment if coal mine workers do not decide term of appointment

(1)This section applies if coal mine workers at a coal mine or in part of a coal mine elect a site safety and health representative for the coal mine or part, but no term of appointment to that office is decided by the workers as mentioned in section 93(1) or (2) of the Act.

(2)The term of the site safety and health representative’s appointment to that office is 3 years.

12PMethod of election for election under Act, s 94

(1)This section applies to an election under section 94 of the Act that may be held because a site safety and health representative is not available when a coal mine operation is considered unsafe by affected coal mine workers.

(2)The method of election must—

(a)be decided by the affected coal mine workers; and

(b)be as straightforward as practicable, having regard to the need to deal with the coal mine operation that is considered unsafe in a way that is appropriate in the circumstances.

12QWhen site safety and health representative is removed from office—Act, s 96(c)

A site safety and health representative for a coal mine or part of a coal mine is removed from office if more than 50% of relevant coal mine workers advise the site senior executive for the coal mine, in writing, that the site safety and health representative is removed from office.

13Types of high potential incidents—Act, s 198

For section 198(2)(b) of the Act, a type of high potential incident mentioned in schedule 1C is prescribed.

13ADiseases that must be reported—Act, s 198

For section 198(6) of the Act, a disease mentioned in schedule 1, column 1, in the circumstances mentioned opposite the name of the disease in schedule 1, column 2, is prescribed.

14Types of serious accidents and high potential incidents—Act, ss 200 and 201

(1)For section 200(1) of the Act, a type of serious accident or high potential incident mentioned in schedule 2, part 1, is prescribed.

(2)For section 201(1)(c) of the Act, a type of serious accident or high potential incident mentioned in schedule 2, part 2, is prescribed.

15Investigating accidents and incidents

(1)A coal mine’s safety and health management system must provide for the following—

(a)the procedure for investigating accidents and incidents at the mine;

(b)making the investigation findings available to the mine’s coal mine workers;

(c)implementing corrective action for accidents and incidents.

(2)The procedure for investigating accidents and incidents must include the involvement of—

(a)for accidents and incidents in or around the surface excavation at a surface mine—

(i)the open-cut examiner responsible for the excavation and on duty when the accident or incident happened; or

(ii)if it is not practicable to involve the open-cut examiner mentioned in subparagraph (i)—another open-cut examiner responsible for the excavation; or

(b)for accidents and incidents at an underground mine—

(i)the ERZ controller for the ERZ in which the accident or incident happened who was on duty when the accident or incident happened; or

(ii)if it is not practicable to involve the ERZ controller mentioned in subparagraph (i)—another ERZ controller for the zone.

16Giving notice of incidents

(1)The site senior executive for a coal mine must give an inspector notice, in the approved form, about a following incident at the mine within 1 month after the incident happens—

(a)a person suffers an injury—

(i)of a severity that requires treatment by a doctor, or a nurse, or a person qualified to give first aid; or

(ii)that prevents the person from carrying out the person’s normal duties at the mine;

(b)a high potential incident not mentioned in paragraph (a).

(2)A coal mine’s safety and health management system must include procedures for—

(a)telling a site safety and health representative about the things mentioned in section 106 of the Act; and

(b)giving notice to an inspector and industry safety and health representative under section 198 of the Act.

(3)In this section—

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student.

s 16 amd 2018 SL No. 187 s 8

17Qualifications for appointment as electrical engineering manager

A person may appoint a person as an electrical engineering manager only if the person has the recognised competencies for controlling and managing the mine’s electrical engineering activities.

18Duties of electrical engineering manager

The duties of an electrical engineering manager include controlling and managing the following at the mine—

(a)the design of electrical installations;

(b)the installation and maintenance of electrical equipment and electrical installations;

(c)electrical work;

(d)work carried out close to electrical installations.

19Duty to give notice of proposed introduction of electricity

Before electricity is introduced at a coal mine for use in coal mining operations, or after electricity is permanently disconnected, the site senior executive for the coal mine must notify an inspector of the proposed introduction, or disconnection.

20Competencies of persons carrying out work on electrical equipment

(1)Subject to subsection (2), only a person who has the recognised competency for repairing, overhauling and maintaining electrical equipment for explosive atmospheres may carry out the following work at a coal mine—

(a)electrical work in an ERZ;

(b)work on electrical equipment used in an ERZ;

(c)work on extra low voltage systems associated with explosion-protected equipment and installations;

(d)work on explosion-protected electrical equipment installed at a surface mine;

(e)electrical work in an area, at a surface mine, that a risk assessment shows has an explosion risk.

(2)Only a person who has the recognised competency for repairing, overhauling and maintaining electrical equipment for mobile plant used in underground mines may carry out work on extra low voltage systems associated with mobile plant for an underground mine.

21Access to exposed electrical conductors

(1)A coal mine must have a standard operating procedure for safely accessing exposed electrical conductors at the mine.

(2)The procedure must provide for minimising the risk of energising exposed electrical conductors on which work is to be carried out, including, for example, by using—

(a)personal locks; or

(b)danger tags; or

(c)personal locks and danger tags.

(3)The procedure must also provide that before work is carried out on an exposed electrical conductor at above extra low voltage the conductor must be—

(a)positively isolated from the electricity source; and

(b)tested for zero potential; and

(c)if the conductor is a high voltage conductor, earthed.

(4)Subsection (5) applies only to a surface mine and only if—

(a)it is not practicable to positively isolate the conductor from the electricity source; and

(b)access to the conductor is required or work in close proximity to the conductor is required to be carried out.

(5)The procedure must also provide that—

(a)a risk assessment, including consideration of high fault currents, must be carried out before the work is carried out; and

(b)if the risk assessment shows an unacceptable level of risk in carrying out the work with the conductor energised, before the work is carried out, the conductor must be—

(i)positively isolated from the electricity source; and

(ii)tested for zero potential; and

(iii)if the conductor is a high voltage conductor, earthed.

(6)In this section—

close proximity, to a conductor, means—

(a)for a person—

(i)for a high voltage conductor—within the exclusion zone for the person for the conductor under the Electrical Safety Regulation 2013; or

(ii)for a low voltage conductor—within reach of the conductor; or

(b)for plant being used for work near an overhead power line—within the minimum clearances required under AS/NZS 3007;2013.

22Locating and dealing with electrical faults

(1)A coal mine must have a standard operating procedure for re-energising an electrical circuit at the mine that has been switched off by a circuit protection device.

(2)A person may use electrical energy, other than electrical energy generated from appropriately designed test instruments, for locating, isolating or clearing only the following electrical faults—

(a)an overload of an electric motor;

(b)an earth leakage trip associated with an impedance earth circuit;

(c)a 30mA earth leakage trip;

(d)an earth continuity trip.

23Design, installation and maintenance

The site senior executive for a coal mine must ensure the design, installation and maintenance of electrical equipment and installations at the mine provide for the following—

(a)reliable circuit interruption, under fault conditions, at all points in the mine’s electrical distribution system;

(b)each earthing system at the mine to be of sufficiently low impedance to ensure reliable operation of all electrical protection systems and devices and adequate protection against indirect contact;

(c)limiting prospective touch voltage, under fault conditions, to within acceptable limits;

(d)minimising potential impacts from voltage rise caused by lightning strike, static electricity, voltage surges and other transient voltages to within acceptable limits;

(e)preventing a person inadvertently contacting live parts of equipment or an installation exceeding extra low voltage.

Example for paragraph (e)—

The design, installation and maintenance may provide for insulation or an enclosure, shield, interlocking device or automatic disconnection device for the equipment or installation.

24Isolators for equipment driven by electricity

(1)A coal mine’s electrical engineering manager must ensure the mine has a full current isolator for equipment driven by electricity at the mine.

(2)The electrical engineering manager must ensure—

(a)the isolator is—

(i)clearly identified as the isolator for the equipment; and

(ii)situated in a location that is easily accessible by a person working on the equipment; and

(b)the equipment is clearly identified as being supplied with electricity from the isolator.

Example of how the isolator or equipment may be identified for subsection (2)—

by marking the isolator or equipment, or placing a notice near the isolator or equipment

25Standard for electrical control systems

A coal mine’s electrical engineering manager must ensure—

(a)each electrical control system at the mine operates safely under all operating conditions, including electricity supply instability or failure; and

(b)if the system suffers a fault or fails, all emergency stopping systems and safety alarms at the mine remain effective.

26Control circuits

(1)A coal mine’s electrical engineering manager must ensure a control circuit at the mine run externally to an enclosure from which the circuit originates—

(a)has a voltage of not more than a nominal voltage of 55V to earth; or

(b)is protected by earth leakage current protection of not more than 30mA sensitivity; or

(c)minimises the risk of direct contact and limits prospective touch voltage to within acceptable limits.

(3)An underground mine’s electrical engineering manager must ensure a control circuit for the mine is explosion protected, unless the whole circuit is installed and operated in a NERZ.

27Modification of electrical control systems

A coal mine’s safety and health management system must—

(a)provide for the security and maintenance of the mine’s electrical control system software and control circuits; and

(b)control modification of the software and circuits; and

(c)provide for records to be kept of any modifications.

28Electrical protection for power outlets for low voltage electrical equipment

(1)A coal mine’s electrical engineering manager must ensure a single-phase power outlet for low voltage electrical equipment at the mine has—

(a)earth leakage current protection of not more than 30mA sensitivity; or

(b)a device preventing its use by portable electrical equipment.

(2)Subsection (1) does not apply if the power outlet is the only outlet in an isolated electricity supply.

(3)In this section—

isolated electricity supply means an electricity supply—

(a)other than the main electricity supply, that is totally insulated from conductive material; or

(b)that is—

(i)supplied with electricity from the main electricity supply; and

(ii)totally isolated from the main electricity supply; and

(iii)totally insulated from earth.

29Operating times and tripping current for circuit protection devices

(1)A coal mine’s electrical engineering manager must ensure each circuit protection device at the mine has an appropriate operating time and tripping current, having regard to a risk assessment of the operation of the part of the electrical installation the device protects.

(2)For a surface mine, the operating time may allow for a delay in cutting off the electricity supply if—

(a)the device is installed to protect a person operating equipment; and

(b)it is appropriate to allow the person to bring the equipment to rest before the electricity supply is cut; and

(c)the person is immediately given a clear warning of the fault.

30Changing electrical protection settings

(1)A person must not change an electrical protection setting for a circuit protection device at a coal mine, unless the person is authorised to make the change by the electrical engineering manager for the mine.

(2)In this section—

electrical protection setting, for a circuit protection device, means the current, voltage or operating time at which the device is set to trip when the device detects an electrical fault in the circuit.

31Unearthed electrical installations

(1)A coal mine’s electrical engineering manager must ensure an unearthed electrical installation at the mine has earth fault detection and control.

(2)Subsection (1) does not apply to a single-phase 240V generator of less than 25kW capacity at a surface mine.

32Drawings of electrical installations

(1)The site senior executive for a coal mine must ensure up-to-date drawings of the mine’s electrical installations are available for use at the mine when electrical equipment and electrical installations are commissioned or modified.

(2)The drawings must be updated as soon as practicable, but not later than 8 days, after—

(a)the commissioning of any electrical equipment or electrical installation at the mine; or

(b)any major modification to electrical equipment or an electrical installation at the mine.

(3)The drawings must be kept in a location that is easily accessible by each coal mine worker authorised by an electrical supervisor or the coal mine’s electrical engineering manager to access the drawings.

33Plan of coal mine’s communication system and main electrical installation

(1)The site senior executive for a coal mine must ensure the mine has a plan of the mine’s main electrical installation showing the following—

(a)the location of each main electricity reticulation line;

(b)the location, rating, identifying label and purpose of each main isolator, substation and high voltage switchboard;

(c)any information required to perform switching programs;

(d)for a surface mine—the general location of each item of high voltage mobile plant supplied with electricity by a trailing cable.

(2)The site senior executive for an underground mine must also ensure the mine has a plan of its communication system showing the location of each fixed communication device at the mine.

(3)For an underground mine, the scale of each plan under this section must be 1:5000.

(4)A plan under this section must be updated as soon as practicable, but not later than 8 days after—

(a)for a plan of the communication system—the installation or removal of a communication device; or

(b)for a plan of the main electrical installation—the relocation, removal or installation of a thing mentioned in subsection (1)(a), (b) or (d).

(5)The site senior executive for a coal mine must ensure each plan is kept in a location at the mine that is easily accessible by each coal mine worker authorised by an electrical supervisor or the mine’s electrical engineering manager to access the plan.

34Records

(1)A coal mine’s electrical engineering manager or, if there is no electrical engineering manager for the mine, the site senior executive for the mine, must ensure a record of the following matters about the mine’s electrical activities, equipment and installations is kept at the mine—

(a)for each electrical installation—

(i)its electrical protection settings, fault levels, and cable and conductor sizes and switchgear ratings, including circuit interrupting capacity; and

(ii)its commissioning dates and results; and

(iii)its monitoring and test dates and results;

(b)for each item of electrical equipment—

(i)its commissioning dates and results; and

(ii)its monitoring and test dates and results;

(c)for each item of electrical safety equipment used—

(i)its description; and

(ii)its test dates and results;

(d)the name of each person appointed—

(i)to control and manage the mine’s electrical engineering activities; or

(ii)to carry out electrical work and electrical activities;

(e)the name of each person authorised to enter an electrical operating area;

(f)the activity each person mentioned in paragraph (e) is authorised to carry out in the operating area.

(2)In this section—

electrical operating area means an area or enclosure in which electrical equipment or an electrical installation is housed.

electrical safety equipment includes an instrument for testing electrical equipment, a ladder, a safety harness, an insulating tool and insulating gloves.

35General

(1)A coal mine’s safety and health management system must provide for managing emergencies at the mine.

(2)The system must provide for the following—

(a)identifying, by risk assessment, potential emergency situations;

(b)minimising risks associated with potential emergency situations;

(c)carrying out aided rescue and self-escape of persons from the mine in an emergency;

(d)carrying out emergency exercises, including testing the effectiveness of emergency management procedures and the readiness and fitness of equipment for use in an emergency;

(e)auditing and reviewing the emergency exercises;

(f)if the mine is a surface mine—involving an open-cut examiner for the mine in—

(i)developing and testing the emergency management procedures for activities, including mining activities, in and around the surface excavation at the mine; and

(ii)auditing the documentation for the procedures;

(g)if the mine is an underground mine—involving an ERZ controller for the mine in—

(i)developing and testing the emergency management procedures for explosion risk zones; and

(ii)auditing the documentation for the procedures.

36Visitors’ self-escape

The site senior executive for a coal mine must ensure a visitor does not enter an operating area at the mine unless—

(a)the visitor’s fitness level is assessed in an appropriate way, including, for example, by a questionnaire, to decide if the visitor’s fitness level is adequate to allow the visitor to self-escape from the area; and

(b)having regard to conditions prevailing in the area, the visitor’s fitness level is adequate for the self-escape; and

(c)personal protective equipment given to the visitor for the self-escape fits the visitor.

37Fire

(1)A coal mine’s safety and health management system must provide for the following at the mine—

(a)fire prevention and control;

(b)an effective fire fighting capability;

(c)the safety of persons fighting fires;

(d)a risk assessment to identify all potential fire hazards at the mine.

(2)The system must also provide for the following—

(a)the availability at the mine, at all times, of equipment that is appropriate and sufficient to extinguish any potential fire identified by the risk assessment;

(b)the location of portable fire extinguishers on or near equipment and installations identified as potential fire hazards by the risk assessment;

(c)the compatibility, throughout the mine, of all fire fighting equipment.

(3)The coal mine must have a standard operating procedure for action to be taken when a fire is discovered at the mine.

38First aid

(1)A coal mine’s safety and health management system must provide for first aid at the mine.

(2)The system must provide for the following—

(a)the supply and placement of first aid supplies and equipment, including supplies and equipment required for emergencies, based on a risk assessment;

(b)appropriate first aid training, including refresher training, emphasising the safety of the person giving first aid as well as the safety of the person receiving first aid;

(c)the availability of a sufficient number of persons competent in giving first aid.

(3)For accidents involving electricity, the mine must have a standard operating procedure for the following—

(a)releasing a person from an energised low and high voltage conductor;

(b)resuscitating a person in an electrical environment;

(c)managing a person’s flash burn injuries.

39Consuming alcohol

A person must not consume alcohol at a coal mine other than in an accommodation building or a recreation area designated by the mine’s site senior executive for the purpose.

40Carrying out an activity, or entering a place, while under the influence of alcohol

A person must not carry out a work activity at a coal mine, or enter a part of the mine where on-site activities are carried on, if the person is under the influence of alcohol.

41Safety and health management system for alcohol

(1)A coal mine’s safety and health management system must provide for controlling risks at the mine associated with the excessive consumption of alcohol.

(2)The system must provide for the following about alcohol consumption for persons at the mine—

(a)an education program;

(b)an employee assistance program;

(c)the following assessments to decide a person’s fitness for work—

(i)voluntary self-testing;

(ii)random testing before starting work;

(iii)testing the person if someone else reasonably suspects the person is under the influence of alcohol.

(3)In developing the fitness provisions, the site senior executive for the mine must comply with section 10, other than section 10(1)(a), as if—

(a)a reference in the section to a standard operating procedure were a reference to the fitness provisions; and

(b)a reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.

(4)In this section—

fitness provisions means the part of the safety and health management system that provides for the things mentioned in subsection (2).

42Safety and health management system for personal fatigue and other physical and psychological impairment, and drugs

(1)A coal mine’s safety and health management system must provide for controlling risks at the mine associated with the following—

(a)personal fatigue;

(b)other physical or psychological impairment;

Example of other physical or psychological impairment—

an impairment caused by stress or illness

(c)the improper use of drugs.

(2)The system must provide for the following about personal fatigue for persons at the mine—

(a)an education program;

(b)an employee assistance program;

(c)the maximum number of hours for a working shift;

(d)the number and length of rest breaks in a shift;

(e)the maximum number of hours to be worked in a week or roster cycle.

(3)The system must provide for protocols for other physical and psychological impairment for persons at the mine.

(4)The system must provide for the following about drug consumption or ingestion for persons at the mine—

(a)an education program;

(b)an employee assistance program;

(c)an obligation of a person to notify the site senior executive for the mine of the person’s current use of medication that could impair the person’s ability to carry out the person’s duties at the mine;

(d)an obligation of the site senior executive to keep a record of a notification given to the site senior executive under paragraph (c);

(e)the following assessments to decide a person’s fitness for work—

(i)voluntary self-testing;

(ii)random testing before starting, or during, work;

(iii)testing the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs.

(5)The site senior executive must consult with a cross-section of coal mine workers at the mine in developing the fitness provisions.

(6)In developing the fitness provisions, the site senior executive must comply with section 10, other than section 10(1)(a) and (d)(ii)(C), as if a reference in the section to a standard operating procedure were a reference to the fitness provisions.

(6A)If the fitness provisions provide for the assessment of coal mine workers for a matter mentioned in subsection (1)(a) or (b), the site senior executive must establish the criteria for the assessment in agreement with a majority of coal mine workers at the mine.

(7)If the fitness provisions provide for the assessment of coal mine workers for a matter mentioned in subsection (1)(c), the site senior executive must make a reasonable attempt to establish the criteria for the assessment in agreement with a majority of workers at the mine.

(7A)If the majority of workers at the mine disagree with the criteria for the assessment under subsection (7), the criteria for assessment stated in a recognised standard apply until an agreement is reached.

(8)In this section—

fitness provisions means the part of the safety and health management system that provides for the things mentioned in subsections (2) to (4).

43Dealing with records and information about a person’s fitness for work

The site senior executive for a coal mine must ensure information and records about a person’s fitness for work obtained under sections 41 and 42—

(a)are used only for deciding the person’s fitness for work at the mine; and

(b)are destroyed—

(i)for an employee of a regular contractor—18 months after the employee ceases to work at the mine; or

(ii)for an employee of another contractor or coal mine operator—when the employee ceases to be employed by the other contractor or operator.

44Definitions for division

In this division—

appointed medical adviser see section 45(1)(a).

approved examining doctor means a doctor for whom an approval under subdivision 3B to carry out the scheme function mentioned in section 49H(1)(a) is in force.

approved provider, for a scheme function, means an entity for whom an approval under subdivision 3B for the scheme function is in force.

approved supervising doctor means a doctor for whom an approval under subdivision 3B to carry out the scheme function mentioned in section 49H(1)(b) is in force.

assessment means—

(a)a health assessment; or

(b)a subsequent assessment; or

(c)a further health assessment; or

(d)an exit assessment; or

(e)a former worker assessment.

chest examination means—

(a)an examination of chest expansion; and

(b)auscultation.

chest x-ray examination means an examination of an x-ray taken of a person’s chest—

(a)to screen for indications of pneumoconioses or other respiratory diseases; and

(b)performed in compliance with the ILO guidelines.

s 44 def chest x-ray examination amd 2020 SL No. 108 s 4(2)

coal mine worker does not include a coal mine worker carrying out a low risk task at a coal mine.

comparative assessment, of a person’s spirometry, means a comparison of the results of the person’s spirometry with the results of the person’s previous spirometries for the purpose of identifying trends.

exit assessment means—

(a)an exit assessment under section 49A(2); or

(b)a medical examination under section 49B(1).

former worker see section 49C.

former worker assessment see section 49D(1).

further health assessment see section 48(2)(a).

further reading, of an x-ray taken of a person’s chest, means an examination of the x-ray—

(a)to screen for indications of pneumoconioses or other respiratory diseases; and

(b)performed in compliance with the ILO guidelines; and

(c)performed for the purpose of considering the classification of the x-ray under a previous chest x-ray examination and finally deciding the classification under the ILO guidelines.

s 44 def further reading amd 2020 SL No. 108 s 4(2)

health assessment means—

(a)a health assessment under section 46(1); or

(b)a medical examination under section 46B(4).

ILO guidelines means the guidelines called ‘Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses’ published by the International Labour Organization.

Note—

The ILO guidelines are available at the International Labour Organization’s website.

s 44 def ILO guidelines sub 2020 SL No. 108 s 4(1)

information notice, for a decision, means a written notice stating the following information—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.

(c)that the person to whom the notice is given may ask for a review of the decision under section 49T.

low risk task means a task shown by a risk assessment to create a risk that is so minimal it can be managed effectively without requiring the worker to undergo a health assessment.

relevant medical specialist, for a coal mine worker, means a specialist registrant under the Health Practitioner Regulation National Law for a branch of medicine relevant to the worker’s medical condition.

report, in relation to an assessment, means a report on the outcome of the assessment that is—

(a)for a health assessment, subsequent assessment or exit assessment—completed by the appointed medical adviser carrying out or supervising the assessment as part of the approved form for the assessment; or

(b)for a further health assessment—completed by the doctor or relevant medical specialist carrying out the assessment; or

(c)for a former worker assessment—completed by the doctor supervising the assessment as part of the approved form for the assessment.

review report see section 48A(1)(b).

scheme function means a function in relation to which an entity may apply for an approval under section 49H.

subsequent assessment see section 46B(3).

s 44 sub 2018 SL No. 102 s 8

44APurpose of division

(1)This division establishes a scheme to protect coal mine workers from adverse health effects of mining hazards that may cause ill health.

(2)The scheme includes—

(a)providing for respiratory health screening of coal mine workers for the early detection of coal mine dust lung disease; and

(b)ensuring coal mine workers who have respiratory abnormalities are referred for diagnosis and management, including, for example, reduction in further exposure to coal mine dust; and

(c)collecting, analysing, and reporting on health surveillance data to monitor trends in coal mine dust lung disease and to inform reviews of dust exposure levels and occupational dust exposure limits for coal mines.

(3)In this section—

coal mine worker includes a former worker.

s 44A ins 2018 SL No. 102 s 4

amd 2018 SL No. 102 s 9

ch 2 pt 6 div 2 hdg sub 2018 SL No. 102 s 10

45Employer must appoint medical adviser

(1)An employer of coal mine workers must—

(a)appoint, in writing, a doctor who is an approved supervising doctor (the appointed medical adviser) to supervise and report on—

(i)health assessments for persons to be employed, or employed, by the employer as a coal mine worker; and

(ii)exit assessments for persons employed by the employer who permanently retire from working as a coal mine worker; and

(b)give notice to the CEO of the appointment, including the appointed medical adviser’s name and contact details, as soon as practicable after the appointment; and

(c)if the appointment ends—give notice to the CEO of the ending of the appointment as soon as practicable after the appointment ends.

(2)The employer must include in the contract appointing the appointed medical adviser an obligation on the adviser to discuss, and give advice about, appropriate duties for a coal mine worker, under subsection (3).

(3)The discussions must be held with, and the advice given to—

(a)the employer; and

(b)the coal mine worker or the worker’s representative.

(4)The employer must also include in the contract an obligation on the appointed medical adviser, if asked by a coal mine worker, to discuss the worker’s health assessment with another doctor appointed by the worker.

s 45 amd 2018 SL No. 102 s 11; 2020 SL No. 69 s 24 sch 1

ch 2 pt 6 div 2 hdg amd 2018 SL No. 102 s 12

46Employer must arrange for health assessment

(1)An employer of coal mine workers must ensure an assessment (a health assessment) is carried out for each person to be employed, or employed, by the employer as a coal mine worker.

(2)The health assessment must be carried out—

(a)for a person to be employed as a coal mine worker—before the person is employed as a coal mine worker; and

(b)for a person employed as a coal mine worker—within the period, of no more than 5 years after the last health assessment was carried out for the person, decided by the employer’s appointed medical adviser.

(3)The employer must arrange for the health assessment to be carried out by, or under the supervision of, the employer’s appointed medical adviser.

(4)In deciding a period under subsection (2)(b), the appointed medical adviser must have regard to a notice given to the adviser under section 49(3).

s 46 sub 2018 SL No. 102 s 13

46AContent of health assessment

(1)A health assessment for a person must be carried out—

(a)in compliance with all instructions stated in the approved form; and

(b)by the employer’s appointed medical adviser or an approved examining doctor; and

(c)if the health assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.

(2)The approved form must include provision for the following to be carried out for the person—

(a)a chest examination;

(b)a spirometry—

(i)if the person is not yet employed as a coal mine worker; or

(ii)if the person is a coal mine worker—at least once every 5 years;

(c)a comparative assessment of the person’s spirometry if—

(i)a spirometry is required under paragraph (b); and

(ii)the results of 1 or more previous spirometries for the person are in the possession of the CEO or appointed medical adviser;

(d)a chest x-ray examination—

(i)if the person is not yet employed as a coal mine worker; or

(ii)if the person is a coal mine worker—at least once every 5 years;

(e)a further reading of the chest x-ray the subject of the examination required under paragraph (d).

s 46A amd 2018 SL No. 102 s 5

sub 2018 SL No. 102 s 13

amd 2020 SL No. 69 s 24 sch 1

46BOther matters about health assessments

(1)This section applies despite section 46A.

(2)A health assessment may include matters not covered in the health assessment approved form if—

(a)a risk assessment has been carried out for a task for which a person is, or is to be, employed by the employer; and

(b)having regard to the risk assessment, the appointed medical adviser considers the person needs to be assessed in relation to the additional matters to achieve an acceptable level of risk.

(3)Also, a person may undergo a health assessment (a subsequent assessment) in compliance with some of the instructions only, and covering some of the matters only, in the health assessment approved form if—

(a)the person has previously undergone a health assessment; and

(b)the subsequent assessment relates to a particular matter identified by the previous assessment; and

(c)the subsequent assessment is carried out to ensure the person is able to carry out the person’s tasks at the mine without creating an unacceptable level of risk having regard to the matter mentioned in paragraph (b).

(4)A medical examination of a person carried out by a doctor other than the appointed medical adviser is taken to be a health assessment carried out by the appointed medical adviser under section 46A if—

(a)both of the following apply—

(i)the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the health assessment approved form;

(ii)the appointed medical adviser gives the employer a health assessment report about the examination; or

(b)the medical examination is for another purpose and the appointed medical adviser—

(i)is satisfied the examination is equivalent to a health assessment; and

(ii)gives the employer a health assessment report about the examination.

(5)In this section—

health assessment approved form means the approved form under section 46A.

s 46B amd 2018 SL No. 102 s 14

47Employer’s responsibility for health assessment

(1)An employer of coal mine workers must, for each health assessment for a person, ensure the appointed medical adviser—

(a)gives a copy of the health assessment report to—

(i)the person; and

(ii) the employer; and

(b)explains the health assessment report to—

(i)the person or the person’s representative; and

(ii)if requested by the person—another doctor nominated by the person; and

(iii)if requested by the employer and agreed to by the person—the employer, in the presence of the person.

(2)The employer must pay for—

(a)the health assessment; and

(b)if the person has a subsequent assessment—the subsequent assessment; and

(c)the giving of the copies and explanations of the report under subsection (1).

Maximum penalty—100 penalty units.

(3)Subsection (2) is not a safety and health obligation for the Act.

(4)Nothing in this division makes the employer responsible for the treatment of any physical or medical condition of the person to whom the report relates.

s 47 amd 2018 SL No. 102 s 15

48Reviewing health assessment report

(1)This section applies if the employer is given a health assessment report (the original health assessment report) about a coal mine worker showing the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.

(2)Before taking action to terminate the coal mine worker’s employment or demote the worker, the employer must give—

(a)the worker a reasonable opportunity to undergo an assessment (a further health assessment) supervised by either of the following chosen by the worker—

(i)a doctor who is an approved supervising doctor;

(ii)a relevant medical specialist; and

(b)the doctor or relevant medical specialist chosen by the worker details of the worker’s tasks.

Note—

If section 48A applies in relation to a coal mine worker, section 48A(6) also imposes restrictions on the termination or demotion of the worker.

(3)Subsection (4) applies if the worker—

(a)undergoes the further health assessment; and

(b)gives the employer a report about the assessment (the further health assessment report), signed by the doctor or relevant medical specialist who supervised the assessment.

(4)The employer must—

(a)give the appointed medical adviser who gave the employer the original health assessment report a copy of the further health assessment report; and

(b)ask the appointed medical adviser to—

(i)review the original health assessment report having regard to the further health assessment report; and

(ii)give a report about the review to the employer and worker.

(5)The worker must pay for the further health assessment.

s 48 amd 2018 SL No. 102 s 16

48AConflicting health assessment reports

(1)This section applies if—

(a)a health assessment report and a further health assessment report about a coal mine worker contain conflicting information about whether the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk; and

(b)the worker or the employer, within 28 days after being given a report under section 48(4)(b)(ii) (the review report), gives assessment documents for the worker to the CEO and—

(i)if the worker gives the documents—the employer; or

(ii)if the employer gives the documents—the worker.

(2)The CEO must appoint a relevant medical specialist to prepare a report (a final report) after the relevant medical specialist—

(a)reviews—

(i)a copy of the approved form completed for the health assessment under section 46A; and

(ii)the further health assessment report; and

(iii)the review report; and

(b)if the relevant medical specialist decides it is necessary—carries out another assessment of the worker’s health or a medical examination of the worker to resolve the conflict in the reports.

(3)The relevant medical specialist must not be the person who prepared the health assessment report or the further health assessment report in relation to the worker.

(4)The CEO must give a copy of the final report to the worker and the employer.

(5)The CEO must pay for—

(a)the preparation of the final report; and

(b)any assessment of the worker’s health or medical examination of the worker carried out by the relevant medical specialist for the final report.

(6)The employer may take action to terminate the worker’s employment or demote the worker only if—

(a)the relevant medical specialist asks the worker to submit to another assessment or medical examination under subsection (2)(b) and the worker does not undergo the assessment or examination when given a reasonable opportunity to do so; or

(b)the final report shows the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.

(7)In this section—

assessment documents, about a conflict relating to a worker, means the following documents—

(a)a notice about the conflict;

(b)a copy of the health assessment report, further health assessment report and review report prepared in relation to the worker.

s 48A amd 2018 SL No. 102 s 17; 2020 SL No. 69 s 24 sch 1

49Monitoring for workers’ exposure to hazards

(1)A coal mine’s safety and health management system must provide for periodic monitoring of the level of risk from hazards at the mine that are likely to create an unacceptable level of risk.

(2)The system must also provide for notice of any appreciable increase in the level of risk to a coal mine worker at the mine to be given to the worker’s employer.

(3)An employer who is given a notice under subsection (2) must give a copy of the notice to the employer’s appointed medical adviser.

(4)An employer must ensure that, if a coal mine worker employed by the employer is exposed to a hazard at a coal mine that may increase the level of risk to the worker, the worker’s exposure to the hazard is periodically monitored to assess the level of risk to the worker.

(5)In this section—

risk means a risk likely to affect a person’s health.

s 49 amd 2018 SL No. 102 s 18

49ARequest for exit assessment

(1)This section applies to a person who permanently retires from working as a coal mine worker.

(2)The person may ask the employer for an assessment (an exit assessment) to be carried out—

(a)during the 6 month period that begins 3 months before the person retires; and

(b)at a time, or times, during that period when the person is available for the assessment.

(3)If a person asks for an exit assessment under subsection (2), the employer must—

(a)arrange for the exit assessment to be carried out within the period mentioned in subsection (2)(a); and

(b)ask the appointed medical adviser to give—

(i)a copy of the exit assessment report to the employer; and

(ii)a copy and explanation of the exit assessment report to the person; and

(c)ensure, before an explanation of the exit assessment report from the appointed medical adviser is given to the employer, the person agrees to the explanation being given and is present.

(4)An exit assessment must be carried out—

(a)in compliance with all instructions stated in the approved form; and

(b)by the employer’s appointed medical adviser or an approved examining doctor; and

(c)if the exit assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.

(5)This section does not apply if the person—

(a)worked as a coal mine worker for less than 3 years; or

(b)had, during the 3 years before the person retired, a health assessment that complied with section 46A and included—

(i)a chest examination; and

(ii)a spirometry; and

(iii)if the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and

(iv)a chest x-ray examination; and

(v)a further reading of the chest x-ray the subject of the examination required under subparagraph (iv).

s 49A amd 2018 SL No. 102 s 19; 2020 SL No. 69 s 24 sch 1

49BOther matters about exit assessments

(1)A medical examination of a person carried out by a doctor other than the appointed medical adviser is taken to be an exit assessment carried out by the appointed medical adviser under section 49A if—

(a)both of the following apply—

(i)the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the approved form mentioned in section 49A(4)(a);

(ii)the appointed medical adviser gives the employer an exit assessment report about the examination; or

(b)the medical examination is for another purpose and the appointed medical adviser—

(i)is satisfied the examination is equivalent to an exit assessment; and

(ii)gives the employer an exit assessment report about the examination.

(2)The employer must pay for—

(a)the exit assessment; and

(b)the giving of the copy and explanation of the report under section 49A(3)(b).

Maximum penalty—100 penalty units.

(3)Subsection (2) is not a safety and health obligation for the Act.

s 49B amd 2018 SL No. 102 s 20

49BA Delaying part of health assessment or exit assessment

(1)This section applies if an appointed medical adviser considers the risk to any person from delaying an examination to be lower than the risk to the person undergoing the examination of an adverse health effect of the examination.

Example—

An appointed medical adviser may consider the risk to a pregnant coal mine worker from delaying a chest x-ray examination to be lower than the risk to the worker of an adverse health effect of the examination.

(2)Despite sections 46(2) and 49A(3)(a), the examination may be carried out up to 1 year after the period provided for in those provisions.

(3)If an examination is delayed under subsection (2), the last health assessment or exit assessment is taken to have been carried out at the time of the examinations that were not delayed.

(4)In this section—

examination means an examination forming part of a health assessment or exit assessment.

risk, to a person, includes a risk to an unborn child of the person.

s 49BA ins 2020 SL No. 108 s 5

ch 2 pt 6 div 2 hdg ins 2018 SL No. 102 s 21

49CApplication of subdivision

This subdivision applies to a person (a former worker) who—

(a)was a coal mine worker for at least 3 years; and

(b)has permanently stopped being a coal mine worker.

s 49C ins 2018 SL No. 102 s 21

49DRequest for former worker assessment

(1)The former worker may ask the CEO for an assessment of the health of the worker (a former worker assessment).

(2)However, a former worker may not ask for a former worker assessment until at least 5 years after the former worker’s most recent assessment.

(3)Subsection (2) does not apply if—

(a)the report for the former worker’s most recent assessment recommends a former worker assessment be carried out within a shorter period; or

(b)the former worker gives the CEO a medical certificate signed by a doctor stating the worker has symptoms that may indicate a respiratory disease caused by exposure to coal dust.

s 49D ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49ECEO must arrange for former worker assessment

(1)The CEO must, as soon as practicable after receiving the request, arrange for a former worker assessment to be carried out by—

(a)an approved supervising doctor; or

(b)an approved examining doctor.

(2)If the former worker assessment is carried out by an approved examining doctor, the CEO must arrange for the assessment to be supervised by an approved supervising doctor.

s 49E ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49EA Delaying part of former worker assessment

(1)This section applies if an approved supervising doctor considers the risk to a former worker of an adverse health effect from delaying an examination to be lower than the risk to the former worker of an adverse health effect of the examination.

Example—

An approved supervising doctor may consider the risk to a pregnant former worker of an adverse health effect from delaying a chest x-ray examination to be lower than the risk to the former worker of an adverse health effect of the examination.

(2)Despite section 49E(1), the examination may be carried out up to 1 year after the CEO receives the request.

(3)If an examination is delayed under subsection (2), the most recent former worker assessment is taken to have been carried out at the time of the examinations that were not delayed.

(4)In this section—

examination means an examination forming part of a former worker assessment.

risk, to a former worker, includes a risk to an unborn child of the former worker.

s 49EA ins 2020 SL No. 108 s 6

49FContent of former worker assessment

(1)A former worker assessment must be carried out—

(a)in compliance with all instructions stated in the approved form; and

(b)by the doctor mentioned in section 49E(1); and

(c)if the former worker assessment is carried out by an approved examining doctor—under the supervision of an approved supervising doctor.

(2)The approved form must include provision for the following to be carried out for the former worker—

(a)a chest examination;

(b)a spirometry;

(c)a comparative assessment of the former worker’s spirometry if the results of 1 or more previous spirometries for the former worker are in the possession of the CEO or doctor;

(d)a chest x-ray examination;

(e)a further reading of the chest x-ray the subject of the examination required under paragraph (d).

s 49F ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49GOther matters about former worker assessments

(1)The CEO must, for each former worker assessment for a person, ensure the doctor—

(a)gives a copy of the former worker assessment report to—

(i)the person; and

(ii) the CEO; and

(b)explains the former worker assessment report to—

(i)the person or the person’s representative; and

(ii)if requested by the person—another doctor nominated by the person.

(2)The CEO must pay for—

(a)the former worker assessment; and

(b)the giving of the copies and explanations of the report under subsection (1).

s 49G ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

ch 2 pt 6 pt 2 sdiv 3B hdg ins 2018 SL No. 102 s 21

49HWho may apply

(1)A doctor may apply to the CEO for approval to—

(a)carry out assessments; or

(b)carry out, supervise, and report on, assessments.

(2)A spirometry practice may apply to the CEO for approval to provide a spirometry for an assessment.

(3)An x-ray imaging practice may apply to the CEO for approval to take a chest x-ray for a chest x-ray examination for an assessment.

(4)A person may apply to the CEO for approval to carry out a chest x-ray examination for an assessment.

(5)A person may apply to the CEO for approval to provide a training course to qualify an individual to perform a spirometry for an assessment.

s 49H ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49IRequirements for making application

The application must be made in the approved form.

s 49I ins 2018 SL No. 102 s 21

49JDeciding application

(1)The CEO must decide to give or refuse to give the approval—

(a)within 3 months after the application is made; or

(b)if the CEO and applicant agree in writing to a longer period within which the CEO must make the decision—within the longer period.

(2)The CEO may decide to give the approval if the CEO is satisfied the applicant is—

(a)appropriately qualified to carry out the scheme function for which the application is made; and

(b)fit and proper to carry out the scheme function for which the application is made.

s 49J ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49KConditions

An approval may be subject to the conditions the CEO considers appropriate.

s 49K ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49LDuration

An approval is for the term, of not more than 5 years, stated in the approval.

s 49L ins 2018 SL No. 102 s 21

49MSteps after, and taking effect of, decision

(1)If the CEO decides to give an approval, the CEO must give the applicant notice of the decision.

(2)The approval takes effect when the approved provider is given the notice or, if the notice states a later day of effect, on the later day.

(3)If the CEO decides to refuse to give an approval, or to impose a condition on the approval, the CEO must give the applicant an information notice about the decision.

s 49M ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49NAmendment by CEO

(1)The CEO may decide to amend an approval at any time.

(2)Without limiting subsection (1), the amendment may impose a condition on, or vary or remove a condition of, the approval.

(3)If the CEO decides to amend the approval, the CEO must give the approved provider an information notice about the decision.

(4)The decision to amend the approval takes effect 10 days after the approved provider is given the information notice or, if the information notice states a later day of effect, on the later day.

s 49N ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49ORenewal of approval

(1)An approved provider may apply to the CEO for renewal of the provider’s approval.

(2)The application must be made in the approved form at least 3 months before the term of the approval ends.

(3)The CEO must decide to renew, or refuse to renew, the approval.

(4)The CEO may decide to renew the approval only if the CEO is satisfied of the matters mentioned in section 49J(2).

(5)The renewed approval’s term can not be more than 5 years.

(6)If the CEO has not made a decision under subsection (1) before the day on which the approved provider’s approval is due to expire, the provider’s approval continues until the CEO’s decision takes effect.

(7)If the CEO decides to renew the approval, the CEO must give the approved provider notice of the decision.

(8)The renewal of the approval takes effect when the approved provider is given the notice or, if the notice states a later day of effect, on the later day.

(9)If the CEO decides to refuse to renew the approval, the CEO must give the approved provider an information notice about the decision.

(10)The refusal takes effect when the approved provider is given the information notice or, if the information notice states a later day of effect, on the later day.

s 49O ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49PGrounds for suspending or cancelling approval

(1)The CEO may suspend or cancel an approval if—

(a)the approval was obtained because of incorrect or misleading information; or

(b)the CEO believes the approved provider has failed to comply with this division or a condition of the approval; or

(c)the approved provider is not a fit and proper person to carry out the scheme function under the approval.

(2)An approval may be suspended for not more than 12 months.

s 49P ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49QShow cause notice before taking action

(1)This section applies if the CEO is considering taking action under section 49P.

(2)Before taking the action, the CEO must give the approved provider a notice (a show cause notice) stating—

(a)that the CEO intends to take the action; and

(b)the proposed action; and

(c)the reasons for the proposed action; and

(d)that the approved provider may, within 30 days after the notice is given, give the CEO a written response to show why the proposed action should not be taken.

s 49Q ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49RDecision in relation to taking action after show cause notice

(1)After considering any written response from the approved provider received under section 49Q(2)(d), the CEO may decide to take, or not to take, the action.

(2)If the CEO decides not to take the action, the CEO must give the approved provider notice of the decision.

s 49R ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49SInformation notice and taking effect of suspension or cancellation

(1)The CEO must give the approved provider an information notice about a decision to take the action.

(2)A decision to take the action takes effect at the end of 10 days after the day of the decision or, if the information notice states a later day of effect, on the later day.

s 49S ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49TApplication for internal review

(1)This section applies to a person who is given, or is entitled to be given, an information notice about a decision (the original decision).

(2)If the person is dissatisfied with the decision, the person may apply to the CEO for a review (an internal review) of the decision.

(3)The application must—

(a)be in the approved form; and

(b)for a person who has been given an information notice for the decision—include enough information to enable the CEO to decide the application; and

(c)be made to the CEO within—

(i)for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or

(ii)for a person who has not been given an information notice for the decision but is entitled to be given an information notice for the decision—28 days after the day the person becomes aware of the decision.

(4)The CEO may, at any time, extend the period within which the application must be made.

s 49T ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49UInternal review

(1)The CEO must, within 90 days after receiving an application for internal review of an original decision—

(a)review the original decision; and

(b)decide to—

(i)confirm the original decision; or

(ii)amend the original decision; or

(iii)substitute another decision for the original decision; and

(c)give the applicant a QCAT information notice for the CEO’s decision under paragraph (b).

(2)The application may be dealt with only by a person who—

(a)did not make the original decision; and

(b)holds a more senior office than the person who made the original decision.

s 49U ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 s 24 sch 1

49VExternal review by QCAT

(1)This section applies to a person who must be given a QCAT information notice under section 49U for a decision under that section.

(2)The person may apply to QCAT, as provided under the QCAT Act, for a review of the decision.

s 49V ins 2018 SL No. 102 s 21

49W Offence to carry out scheme function without approval

A person must not carry out a scheme function unless the scheme function is carried out under an approval given under this subdivision for the scheme function.

Maximum penalty—100 penalty units.

s 49W ins 2018 SL No. 102 s 21

49XCEO must establish register of approved providers

(1)The CEO must establish and keep up to date a register of approved providers for scheme functions.

(2)The register must contain the following information for each approved provider for a scheme function—

(a)the name and address of the approved provider;

(b)the scheme function for which the approval is given.

(3)The register may contain other information the CEO considers appropriate.

(4)The register must be published on a Queensland Government website.

s 49X ins 2018 SL No. 102 s 21

amd 2020 SL No. 69 ss 6, 24 sch 1

50Appointed medical adviser and doctors must keep particular documents

(1)An appointed medical adviser or doctor must keep, in the approved way for the approved period, the following documents for each assessment for which the adviser or doctor completes a report—

(a)a copy of the approved form completed for the assessment;

(b)the information or documents on which the assessment was based.

(2)An appointed medical adviser must keep, in the approved way for the approved period, each review report given by the adviser.

(3)In this section—

approved period means the period approved by the CEO for this section and published on a Queensland Government website.

approved way means the way approved by the CEO for this section and published on a Queensland Government website.

s 50 sub 2018 SL No. 102 s 22

amd 2020 SL No. 69 ss 6, 24 sch 1

50AAppointed medical advisers and doctors must give particular documents to CEO

(1)An appointed medical adviser or doctor must give the CEO, in the approved way, a copy of each document required under section 50 to be kept by the adviser or doctor—

(a)for a document relating to an assessment—within 28 days after the assessment is completed; or

(b)for a review report mentioned in section 48(4)(b)(ii)—within 28 days after the report is completed.

(2)In this section—

approved way means the way approved by the CEO for this section and published on a Queensland Government website.

s 50A ins 2018 SL No. 102 s 22

amd 2020 SL No. 69 ss 6, 24 sch 1

51Ownership of records

A document required to be kept under section 50 by an appointed medical adviser or doctor is a record of RSHQ.

s 51 sub 2018 SL No. 102 s 22

amd 2020 SL No. 69 s 24 sch 1

52Confidentiality of medical record

(1)A person must not disclose to anyone, other than under the Act or this section, the contents of a coal mine worker’s medical record obtained by the person under this division.

Maximum penalty—100 penalty units.

(2)An appointed medical adviser may disclose the contents of the medical record to—

(a)the coal mine worker; or

(b)another person with the consent of the coal mine worker.

Example of another person—

the worker’s representative at the mine

(3)The CEO must disclose the contents of the medical record to the coal mine worker if the worker gives the CEO a written request for the record.

(4)The CEO may disclose the contents of the medical record to—

(a)another person with the consent of the coal mine worker; or

(b)a person to the extent the disclosure is necessary to enable the person to carry out all or part of—

(i)an assessment; or

(ii)a review under section 48 or 48A; or

(c)an appropriately qualified person for approved research; or

(d)an authorised auditor, within the meaning of the Auditor-General Act 2009, if requested by the authorised auditor under section 47(1) of that Act.

(5)Despite subsection (4)(a), the CEO may disclose the contents of the record to a doctor or hospital without the coal mine worker’s consent if—

(a)the doctor or hospital needs to obtain the contents to treat the worker; and

(b)the worker is unable to give the consent.

(6)Subsection (1) is not a safety and health obligation for the Act.

(7)In this section—

approved research means research approved by—

(a)a human research ethics committee under the Public Health Act 2005; or

(b)an ethics committee established by a university and concerned, wholly or partly, with research involving humans; or

(c)an ethics committee established by the National Health and Medical Research Council.

coal mine worker includes a person who has permanently retired from working as a coal mine worker.

medical record, of a coal mine worker, means personal medical results or clinical findings obtained from an assessment, or review mentioned in section 48 or 48A, for the worker.

s 52 amd 2018 SL No. 102 ss 6, 23; 2019 SL No. 69 s 3; 2020 SL No. 69 s 24 sch 1

53Site senior executive must keep records of monitoring for workers’ exposure to hazards

(1)The site senior executive for a coal mine must ensure a record about monitoring carried out under section 49 for coal mine workers at the mine is kept for—

(a)at least 30 years after the record is made; or

(b)if the CEO agrees to a shorter period—the shorter period.

(2)The employer of a coal mine worker for whom monitoring is carried out under section 49(4), or another person agreed between the employer and the CEO, must keep a record about the monitoring for—

(a)at least 30 years after the record is made; or

(b)if the CEO agrees to a shorter period—the shorter period.

(3)In agreeing to a shorter period under subsection (1) or (2), the CEO must have regard to information held by RSHQ about the matter the subject of the record.

s 53 amd 2018 SL No. 102 s 24; 2020 SL No. 69 s 24 sch 1

ch 2 pt 7 hdg sub 2019 SL No. 140 s 4

ch 2 pt 7 div 1 hdg ins 2019 SL No. 140 s 5

54Definitions for part

In this part—

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, approved by the Transport and Infrastructure Council.

Note—

The ADG Code is accessible at www.ntc.gov.au.

dangerous goods see section 56.

GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under schedule 2AAA.

Note—

The schedule 2AAA tables replace some tables in the GHS.

hazardous chemical see section 55.

research chemical means a substance or mixture that—

(a)is manufactured in a laboratory for genuine research; and

(b)is not for use or supply for a purpose other than analysis or genuine research.

safety data sheet means—

(a)for a hazardous chemical that is not a research chemical, waste product or sample for analysis, or for dangerous goods—a document that complies with schedule 2AAB, section 1; or

(b)for a hazardous chemical that is a research chemical, waste product or sample for analysis—a document that complies with schedule 2AAB, section 2.

Transport and Infrastructure Council means the council of Commonwealth, New Zealand and State Ministers, established on 11 June 1993 and known as the Transport and Infrastructure Council, but constituted so that it consists of only 1 Minister representing each of the Commonwealth and the States.

Note—

The Transport and Infrastructure Council was previously known as the Australian Transport Council.

s 54 sub 2019 SL No. 140 s 5

55Meaning of hazardous chemical

A hazardous chemical is a substance, mixture or article that satisfies the criteria for a hazard class in the GHS (including a classification mentioned in schedule 2AAA), but does not include a substance, mixture or article that satisfies the criteria solely for 1 of the following hazard classes—

(a)acute toxicity—oral—category 5;

(b)acute toxicity—dermal—category 5;

(c)acute toxicity—inhalation—category 5;

(d)skin corrosion/irritation—category 3;

(e)serious eye damage/eye irritation—category 2B;

(f)aspiration hazard—category 2;

(g)flammable gas—category 2;

(h)acute hazard to the aquatic environment—category 1, 2 or 3;

(i)chronic hazard to the aquatic environment—category 1, 2, 3 or 4;

(j)hazardous to the ozone layer.

Note—

The schedule 2AAA tables replace some tables in the GHS.

s 55 sub 2019 SL No. 140 s 5

56Meaning of dangerous goods

Dangerous goods means anything defined under the ADG Code as—

(a)dangerous goods; or

(b)goods too dangerous to be transported.

s 56 sub 2019 SL No. 140 s 5

ch 2 pt 7 div 2 hdg ins 2019 SL No. 140 s 5

56ARegister of hazardous chemicals and dangerous goods

(1)The site senior executive for a coal mine must ensure the following things are recorded in a register at the mine—

(a)a hazardous chemical used, handled, stored or produced at the mine;

(b)dangerous goods used, handled, stored or produced at the mine;

(c)the current safety data sheet for a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b).

(2)The site senior executive must ensure the register is readily accessible by each worker required to use, handle, store or produce a hazardous chemical, or dangerous goods, at the mine.

s 56A ins 2019 SL No. 140 s 5

56BManufacturers, importers and suppliers must mark or label substances

(1)This section applies to a manufacturer, importer or supplier of a substance for use at a coal mine as mentioned in section 46(2)(a) of the Act.

(2)Without limiting section 46(2)(a) of the Act, the manufacturer, importer or supplier must ensure the substance is correctly marked or labelled when the substance is provided for use at the mine.

(3)A substance is correctly marked or labelled if the mark or label complies with applicable requirements relating to the mark or label stated in—

(a)the GHS; or

(b)a recognised standard; or

(c)the ADG Code.

s 56B ins 2019 SL No. 140 s 5

56CLabelling and giving information about hazardous chemicals and dangerous goods

(1)The site senior executive for a coal mine must ensure the following things are correctly marked or labelled—

(a)a hazardous chemical used, handled, stored or produced at the mine;

(b)dangerous goods used, handled, stored or produced at the mine;

(c)any thing containing, or being used to transport, a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b).

(2)A hazardous chemical, dangerous goods, or a thing mentioned in subsection (1)(c) is correctly marked or labelled if a mark or label—

(a)warns persons of the presence of the chemical or goods; and

(b)identifies the chemical or goods; and

(c)to the extent necessary for managing risk, provides basic information about using, handling, storing, producing or transporting the chemical or goods.

(3)If it is not practicable to mark or label a hazardous chemical mentioned in subsection (1)(a), or dangerous goods mentioned in subsection (1)(b), the site senior executive must ensure a notice that gives the warning, identification and basic information mentioned in subsection (2)(c) is placed in a conspicuous place as near as practicable to the chemical or goods.

(4)Also, the site senior executive must ensure a mark, label or notice under this section complies with applicable requirements relating to the mark, label or notice stated in—

(a)the GHS; or

(b)a recognised standard; or

(c)the ADG Code; or

(d)AS 1345.

(5)This section does not apply in relation to a mineral or quarry material.

(6)In this section—

AS 1345 means the Australian Standard for the identification of the contents of piping, conduits and ducts as in force from time to time under that designation (regardless of the edition or year of publication of the standard).

mineral see the Mineral Resources Act 1989, section 6.

quarry material see the Forestry Act 1959, schedule 3.

s 56C ins 2019 SL No. 140 s 5

ch 2 pt 7 div 3 hdg ins 2019 SL No. 140 s 5

56DSelecting hazardous chemicals and dangerous goods

The site senior executive for a coal mine must ensure a hazardous chemical, or dangerous goods, selected for use at the mine does not create an unacceptable level of risk to a person when used, handled or stored under standard operating procedures.

s 56D ins 2019 SL No. 140 s 5

56EStandard operating procedures for using, handling and storing hazardous chemicals and dangerous goods

(1)The site senior executive for a coal mine must ensure the mine has standard operating procedures for using, handling or storing a hazardous chemical, or dangerous goods, at the mine.

(2)In developing a standard operating procedure under subsection (1), the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.

s 56E ins 2019 SL No. 140 s 5

56FHandling or storing hazardous chemicals and dangerous goods

(1)This section applies to a person who has an obligation under the Act to manage risk at a coal mine in relation to handling or storing a hazardous chemical or dangerous goods.

(2)The person must ensure the chemical or goods are handled or stored at the mine in a way that is appropriate to the nature of the chemical or goods, so the chemical or goods are—

(a)protected against damage and deterioration; and

(b)secured to prevent loss, misuse and theft; and

(c)for a liquid—bunded to contain spillage.

(3)In managing the risk mentioned in subsection (2), the person must have regard to—

(a)the hazardous properties of the chemical or goods; and

(b)any chemical or physical reaction between the chemical or goods and another substance or mixture, including a substance that may be generated by the reaction and that could be hazardous; and

(c)the nature of the work to be carried out with the chemical or goods; and

(d)any structure, plant or system of work—

(i)that is used in the use, handling, storage or production of the chemical or goods; or

(ii)that could interact with the chemical or goods at the mine.

s 56F ins 2019 SL No. 140 s 5

56GMonitoring, and taking action about, hazardous chemicals and dangerous goods

(1)The site senior executive for a coal mine must ensure appropriate monitoring in relation to a hazardous chemical, or dangerous goods, at the mine is carried out to—

(a)check the location and amount of the chemical or goods on-site; and

(b)check for deterioration of the chemical or goods, or any packaging of the chemical or goods; and

(c)ensure the chemical or goods are fit for intended use; and

(d)detect leaks, spills and unintended emissions of the chemical or goods; and

(e)detect misuse, theft or other loss of the chemical or goods.

(2)The monitoring must be carried out under any standard operating procedure or other procedure that applies to the monitoring.

(3)The site senior executive for the coal mine must ensure a hazardous chemical is, or dangerous goods are, disposed of under section 56I if the monitoring shows—

(a)deterioration of the chemical or goods; or

(b)unfitness for use of the chemical or goods.

s 56G ins 2019 SL No. 140 s 5

56HStandard operating procedure for dealing with leaks and spills

(1)The site senior executive for a coal mine must ensure the mine has a standard operating procedure for dealing with leaks and spills of a hazardous chemical, or dangerous goods, at the mine.

(2)In developing a standard operating procedure under subsection (1), the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.

s 56H ins 2019 SL No. 140 s 5

56IDisposal

(1)This section applies to—

(a)a hazardous chemical, or dangerous goods, at a coal mine if the chemical or goods are—

(i)deteriorated; or

(ii)past the use-by date; or

(iii)no longer required for use at the mine, including, for example, because the mine is to be abandoned; and

(b)a thing contaminated by a hazardous chemical, or dangerous goods, mentioned in paragraph (a).

(2)The site senior executive for the coal mine must ensure the chemical, goods or thing is disposed of—

(a)in accordance with—

(i)the safety data sheet for the chemical or goods; or

(ii)information provided, under section 46(2)(a) of the Act, by the manufacturer, importer or supplier of the chemical or goods; and

(b)in a way that does not create an unacceptable level of risk during operations at the mine, after the mine’s operations stop or after the mine is abandoned.

(3)The site senior executive for the coal mine must ensure the site of the following things are shown on the plans of the mine workings under section 67 of the Act—

(a)a permanent disposal facility for a hazardous chemical or dangerous goods;

(b)another disposal area for a hazardous chemical or dangerous goods.

s 56I ins 2019 SL No. 140 s 5

ch 2 pt 7 div 4 hdg ins 2019 SL No. 140 s 5

57Possible major hazard facilities

(1)This section applies to a coal mine that meets the criteria for a major hazard facility under the NOHSC document entitled ‘National Standard for the Control of Major Hazard Facilities [NOHSC:1014]’.

(2)The mine’s safety and health management system must provide for the mine’s operations to be carried out in accordance with—

(a)this regulation; and

(b)for operations other than the preparation and use of explosives at a blast site—the national standard safety and health provisions—

(i)to the extent the provisions are consistent with the Act and this regulation; and

(ii)as if a reference in the provisions to the relevant public authority were a reference to the chief inspector of mines.

(3)In this section—

national standard safety and health provisions means sections 6 to 10 of the document mentioned in subsection (1).

ch 2 pt 7 div 5 hdg ins 2019 SL No. 140 s 6

57AFirst aid measures

The site senior executive for a coal mine must ensure the mine has the first aid measures recommended in the safety data sheet for each hazardous chemical, or dangerous goods, at the mine.

s 57A ins 2019 SL No. 140 s 6

57BRecords

(1)The site senior executive for a coal mine must ensure a record is kept at the mine of each of the following things relating to a hazardous chemical, or dangerous goods, at the mine—

(a)quantity and location on site;

(b)date of receipt or production;

(c)use, sale or disposal, if any;

(d)deterioration or product failure, if any;

(e)leak, spill, unintended emission, misuse, theft or other loss, if any.

(2)The site senior executive must ensure a record about the disposal of a hazardous chemical, or dangerous goods, on site—

(a)is kept at the mine until the mine’s coal mining operations stop; and

(b)after the mine’s coal mining operations stop, is given to the CEO.

(3)The site senior executive must ensure a record under subsection (1) about a matter other than a matter mentioned in subsection (2) is kept at the mine until the hazardous chemical, or dangerous goods, to which the record relates have been used, disposed of, or removed from site.

s 57B ins 2019 SL No. 140 s 6

amd 2020 SL No. 69 s 24 sch 1

58Accuracy of plans and information

(1)If it is not practicable for a plan of coal mine workings to accurately show the details mentioned in section 67(1)(a) of the Act, the site senior executive must ensure the parts of the plan containing the details for which accuracy is not practicable are clearly marked.

(2)The site senior executive for a coal mine must ensure information kept at the mine under section 67(1)(c) and (d) of the Act is sufficiently accurate to achieve an acceptable level of risk in the mine’s coal mining operations.

59Survey grid system

The site senior executive for a coal mine must ensure—

(a)a datum station, referenced to GDA and AHD, is established near the mine for mine surveys; and

(b)if a local grid system is used for the surveys, the relationship between the grid system and GDA and AHD is established and shown on the survey plans.

60Record of drilling activities

(1)This section applies to a coal mine where the only activities carried on are principally for, or in connection with, exploring for coal.

(2)The site senior executive of the mine must ensure a record, complying with this section, of all boreholes for exploration or fluid drainage that are drilled from the surface is made and given to—

(a)the holder for the mine; and

(b)the CEO.

(3)The record must include the following—

(a)the accurate location of each borehole collar;

(b)the depth and thickness of each coal seam intersected;

(c)if a borehole is not vertical—details of its bearing, dip angle and length;

(d)the location, nature and dimensions of any metallic, radioactive or other potentially harmful material left in any borehole.

(4)Plans and information required to be kept at the mine under section 67 of the Act must include the information contained in the record.

s 60 amd 2020 SL No. 69 s 24 sch 1

60ABorehole abandonment record

(1)This section applies if, during an annual reporting period for a mining tenure—

(a)a borehole is abandoned at a coal mine; and

(b)prescribed equipment is left in, or immediately adjacent to, a coal seam in the borehole.

(2)The site senior executive for the mine must ensure a record complying with this section is made and given to the CEO within 2 months after the last day of the annual reporting period.

(3)The record must include the following—

(a)details of the casing and equipment left in the borehole, with diagrams showing the major dimensions and features of the casing and equipment;

(b)a full description of all equipment, including prescribed equipment, that is left in the borehole, including—

(i)the size and nature of the equipment; and

(ii)any features of the equipment that may cause a hazard to coal mining operations;

Example of features that may cause a hazard to coal mining operations—

aluminium, electronics or batteries

(c)for prescribed equipment—the surveyed location of the equipment as required under section 100(1)(a)(i);

(d)the method of the cementing operations carried out in or on the borehole, including each of the following—

(i)the location and type of plugs;

(ii)the intervals covered;

(iii)the volume and type of cement used;

(iv)any losses of cement due to voids or permeable strata;

(v)the methods used to overcome losses of cement;

(e)the method, materials and volume of cement used to cement voids;

(f)a description of any other abandonment procedures used for the borehole;

(g)any other details of the activities undertaken in drilling, completing and abandoning the borehole, including an assessment of their possible impacts, that would assist a person in making an assessment of potential risks to safe and efficient mining.

(4)In this section—

annual reporting period, for a mining tenure, means a period of 1 year starting on each anniversary of the day the tenure was granted.

prescribed equipment means—

(a)metal equipment, including casing; and

(b)any other equipment that may create a hazard to coal mining operations.

s 60A amd 2018 SL No. 135 s 177; 2020 SL No. 69 s 24 sch 1

61Plans of coal mine workings

(1)The site senior executive for a coal mine must ensure survey plans of the mine’s workings include the following matters that may affect the safety and health of a person in the workings—

(a)the location of natural and artificial structures;

(b)surface drill holes.

(2)The site senior executive must also ensure the plans are sufficient to correlate separate sets of workings at the mine to allow the safe management of interfacing between the workings.

(3)Also, the site senior executive must ensure plans of the mine’s workings include—

(a)the following matters that may affect the safety and health of a person in the area of an adjacent or overlapping petroleum lease—

(i)the surveyed location of all abandoned mining equipment, including, for example, mobile plant and conveyors;

(ii)the surveyed location and other details of all known incidents of spontaneous combustion; and

(b)the following information obtained in relation to mining through part of a coal seam that has been stimulated—

(i)the location of the stimulation;

(ii)the observed extent and impact of the stimulation on the coal seam;

(iii)the observed effect of the stimulation on the mineability of the coal seam.

(4)In this section—

stimulation means a technique used to increase the permeability of a coal seam, including, for example, hydraulic fracturing, cavitations, fracture acidising, and the use of proppant treatments.

s 61 amd 2020 SL No. 118 s 4

62Plans of highwall mining underground excavation

To remove any doubt, it is declared that, for section 67(1)(a)(i) of the Act, the extent of mine workings and the current position of any part of mine workings includes the extent and position of each highwall mining underground excavation at the mine.

63Mine rescue plan

(1)The site senior executive for a coal mine must ensure a mine rescue plan showing the mine’s water reticulation and communication arrangements and main access roads is kept at the mine.

(2)For an underground mine, the plan must also show the following—

(a)the location of—

(i)each entry to the mine workings; and

(ii)each ventilation fan installation;

(b)each access road to the mine surface infrastructure;

(c)each surface installation, administration building and other infrastructure.

(3)The scale of the plan must be sufficient to enable the plan to be overlaid on the plan of the mine workings.

(4)In an emergency, the site senior executive must make available to the mine rescue team a sufficient number of copies of the plan at a scale suitable for use by the team in the emergency.

64Providing personal protective equipment

(1)A coal mine operator for a coal mine must—

(a)provide, for the mine’s coal mine workers, personal protective equipment that is—

(i)appropriate for the hazards associated with the workers’ tasks; and

(ii)sufficient for the number of workers carrying out the tasks; and

(b)ensure the equipment is readily available for use by the workers.

Example of personal protective equipment for paragraph (a)—

safety helmets and boots

(2)For subsection (1)(a)(i), if the hazard relates to a hazardous chemical or dangerous goods, the coal mine operator must have regard to the safety data sheet for the chemical or goods.

s 64 amd 2019 SL No. 140 s 7

65Standard operating procedure

(1)A coal mine must have a standard operating procedure for using personal protective equipment for a task at the mine.

(2)The procedure must provide for the following—

(a)training workers in—

(i)selecting appropriate personal protective equipment for the task; and

(ii)using the equipment;

(b)instructions on using, maintaining and disposing of the equipment.

66Braking systems

(1)A coal mine’s safety and health management system must provide for the continued effectiveness of braking systems on fixed and mobile plant used at the mine.

Examples of braking systems for subsection (1)—

1hoist brakes on shovels or draglines

2braking systems on winders

(2)The system must provide for the following—

(a)the dynamic testing of service brakes;

(b)appropriate testing of parking brakes, emergency brakes and other braking systems the failure of which may create a risk to a person;

(c)keeping a record of the brake test results in a location that is easily accessible by each coal mine worker at the mine.

67Machine guarding or fencing

A coal mine’s safety and health management system must provide for minimising the risk to persons from exposed moving or rotating machine components by guarding or fencing the components.

68Modifying plant

(1)A coal mine must have a standard operating procedure for modifying fixed and mobile plant.

(2)A coal mine’s safety and health management system must provide for the following—

(a)recording modifications made to the plant at the mine;

(b)updating drawings of the plant held at the mine to include the modifications;

(c)assessing and managing risk associated with the modifications.

69Pre-start warning

(1)This section applies if starting fixed or mobile plant at a coal mine is likely to cause a hazard to a person near the plant.

(2)The mine’s safety and health management system must provide for the plant to be fitted with a device that sounds a warning before the plant is started.

70Safe access to plant

A coal mine’s safety and health management system must provide for safe access to, and egress from, fixed and mobile plant used at the mine, including each part of the plant that is routinely accessed.

71Safety checks by competent person

A coal mine’s safety and health management system must provide for—

(a)fixed and mobile plant used at the mine to be checked for hazards that might reasonably be expected from operating the plant; and

(b)the checks to be carried out—

(i)by a person competent in recognising the hazards; and

(ii)periodically and, if the plant has been stopped for at least 24 hours, before the plant is started again.

72Miscellaneous

A coal mine must have standard operating procedures for the following—

(a)fitting, removing, testing, maintaining and repairing tyres and rims on fixed and mobile plant;

(b)recovering fixed and mobile plant after an accident or incident;

(c)assembling and maintaining fixed and mobile plant in its operational location;

(d)carrying persons in mobile plant;

(e)selecting, maintaining and using lifting plant;

(f)marking lifting plant to show its date of manufacture and capacity;

(g)ensuring the safety of persons when plant is being towed;

(h)ensuring the safety of persons involved in servicing, lubricating and refuelling mobile plant;

(i)ensuring the safety of persons when heavy plant and supplies are being transported at the mine.

73Checking mobile plant

(1)A coal mine must have a standard operating procedure for checking mobile plant used at the mine.

(2)The procedure must provide for the operator of the plant, as soon as practicable after taking control of the plant, to check that the plant’s brakes, steering, lights and any other safety features are functioning properly.

74Protective structures

(1)This section applies to mobile plant used at a coal mine if the plant is assessed as being at risk of overturning or being struck by a falling object.

(2)The site senior executive for the coal mine must ensure the plant is provided with a structure to protect a person using the plant from injury if the plant overturns or is struck by the object.

75Seat belts

(1)The site senior executive for a coal mine must ensure a risk assessment is carried out on the types of vehicles used at the mine, and the way the types are used at the mine, to decide if seat belts are needed to reduce the risk to persons using the vehicles.

(2)If a seat belt is installed in mobile plant, the person occupying the seat must wear the seat belt while the plant is moving.

76Using mobile plant

(1)A coal mine must have a standard operating procedure for using mobile plant.

(2)The procedure must include ways of minimising risks from the following—

(a)light and heavy vehicle interaction;

(b)overtaking and parking vehicles.

(3)The procedure must have regard to the design and construction of the mine’s roads.

77Warning system if mobile plant operator’s visibility is restricted

(1)This section applies if the visibility of a mobile plant operator at a coal mine is restricted while operating the plant.

(2)The site senior executive for the coal mine must ensure the mine has a warning system to ensure the safety of persons near the plant before its initial movement.

78Isolating and tagging procedures

(1)A coal mine must have a standard operating procedure for the following—

(a)controlling the risk of an unplanned release of energy from plant, including positively isolating the energy source;

(b)if an electrical or mechanical energy source is positively isolated—testing for zero potential;

(c)taking plant out of service;

(d)returning plant to service.

(2)Without limiting subsection (1), the standard operating procedure may provide for the use of danger, isolation, operational, out of service, personal and restriction tags for particular circumstances.

(3)If the safety or health of a person is directly affected by the operation or non-operation of plant, the procedure must also provide for the person to personally control, by attaching a danger tag or lock to the plant, the plant’s change in status from non-operational to operational.

(4)For subsection (1)(a), the method for positively isolating the energy source for plant provided for in the standard operating procedure must—

(a)for plant that is electrical equipment—be a manually initiated operation that—

(i)isolates all active power conductors of the plant being isolated from the electricity supply; and

(ii)prevents unintended re-energisation, including re-energisation through inadvertent operation of the plant or component failure; and

(b)for other plant—be the operation of a manually operated device that—

(i)is installed in the energy supply for the plant and, when operated, isolates the plant from its energy source; and

(ii)requires a manually initiated operation for the supply of energy to the plant to be resumed; and

(c)require the isolation device be clearly marked as being the positive means of isolating the plant.

(5)In this section—

isolation device means—

(a)for plant that is electrical equipment—the device used manually to initiate the operation mentioned in subsection (4)(a); or

(b)for other plant—the device mentioned in subsection (4)(b).

79Equipment used for maintaining plant

(1)A coal mine must have a standard operating procedure for electrical and mechanical equipment used for inspecting, testing and maintaining the safe operation of plant at the mine.

(2)The procedure must provide for the following—

(a)selecting equipment that is fit for its intended purpose;

(b)using the equipment safely;

(c)maintaining the equipment in accordance with its specification;

(d)testing the equipment at appropriate intervals and labelling the equipment to show when the equipment was last tested.

80Fluid above and below atmospheric pressure

A coal mine’s safety and health management system must provide for managing risk from using fluids above or below atmospheric pressure.

81Action to be taken if certified equipment does not meet certification requirements or is likely to create an unacceptable level of risk

(1)Subsection (2) applies if a nationally accredited testing station becomes aware that—

(a)equipment certified by the testing station should not have been certified because the equipment did not meet the requirements for certification; or

(b)the requirements for certification change in a way that is likely to create an unacceptable level of risk if equipment that has been certified by the testing station is used for the purpose for which the equipment was certified; or

(c)the certification of equipment is amended, suspended or cancelled.

(2)The testing station must give immediate notice of the fact to—

(a)the manufacturer or supplier of the equipment who obtained the certification; and

(b)the chief inspector.

(3)If a manufacturer or supplier of certified equipment becomes aware of a matter mentioned in subsection (1) relating to the equipment, the manufacturer or supplier must give immediate notice of the matter to—

(a)the site senior executive for each mine at which the equipment is, to the manufacturer’s or supplier’s knowledge, being used; and

(b)each manufacturer of equipment for the mining industry to whom the manufacturer or supplier has supplied the equipment; and

(c)each contractor who works in the mining industry and to whom the manufacturer or supplier has supplied the equipment.

(4)If the site senior executive for a coal mine becomes aware that a matter mentioned in subsection (1) relates to certified equipment used at the mine, the site senior executive must immediately—

(a)take action to ensure the continued use of the equipment does not create an unacceptable level of risk; and

(b)give the chief inspector notice stating the equipment type and how many items of the equipment are in use at the mine.

82Training scheme

(1)A coal mine’s safety and health management system must provide for a training scheme for persons at the mine.

(2)The scheme must provide for the following—

(a)induction training for coal mine workers and other persons at the mine;

(b)refresher training for coal mine workers;

(c)establishing the workers’ training needs about the safe performance of the mine’s coal mining operations, including, for example, training needs about the mine’s standard operating procedures;

(d)recognising a worker’s current competencies and prior learning in establishing the worker’s training needs;

(e)establishing a training program to meet the training needs using the endorsed components of the resources and infrastructure industry training package that are relevant for training and assessing the mine’s coal mine workers;

(f)appointing persons who are competent to give the training and assess the workers’ competencies;

(g)keeping and auditing records of training and assessment given and undertaken;

(h)designating tasks that may only be carried out by a worker who has been assessed as competent to carry out the tasks;

(i)training workers elected to be safety and health representatives.

(3)The training scheme must cover the following matters, to the extent the matters are relevant to the duties of the person undergoing the training—

(a)the mine’s safety and health management system;

(b)operating mobile plant;

(c)slinging and moving loads and using lifting devices;

(d)manual handling;

(e)the purpose of inspections and inspection reports.

(4)In this section—

endorsed means endorsed by the Australian Industry and Skills Committee.

resources and infrastructure industry training package means the coal industry training package established by the Australian Industry and Skills Committee.

83New coal mine worker not to carry out task until induction training completed

(1)A person starting work at a coal mine must not carry out any task at the mine unless the person has completed induction training for the mine.

(2)Subsection (1) does not apply to a task carried out by the person in the course of induction training.

84Refresher training

(1)The site senior executive for a coal mine must ensure each coal mine worker at the mine, including each worker holding a senior management or supervisory position and each worker holding a certificate of competency, is given refresher training under the mine’s training scheme at least once every 5 years.

(2)The worker must undergo the training.

85Coal mine worker not to carry out task unless competent

(1)This section applies only to a task designated, under a coal mine’s training scheme, as a task that may only be carried out by a person who has been assessed as competent to carry the task out.

(2)A coal mine worker must not carry out the task at the mine unless the worker has been assessed as competent, and is authorised by the mine’s site senior executive or the site senior executive’s representative, to carry the task out.

(3)Subsection (2) does not apply to a task carried out by a person—

(a)in the course of training; or

(b)in an emergency.

86Air conditioning units

A coal mine’s safety and health management system must provide for maintaining and cleaning air conditioning units used at the mine.

87Bathrooms, toilets and dining facilities

(1)The site senior executive for a coal mine must ensure the mine has sufficient potable water, bathrooms, toilets, other personal hygiene facilities and dining facilities to cater for the needs of the largest number of workers who may be employed at the mine in a single shift.

(2)The site senior executive must ensure a bathroom in an area where a person may be exposed to a health risk, including, for example, from dirt, dust or wet clothing, contains separate areas for changing from, and into, clean and dirty clothing.

88Cutting, drilling or excavating near a concealed service

(1)A coal mine’s safety and health management system must provide for controlling risks from cutting or drilling into a building or structure, or excavating ground, at the mine where there may be a concealed service.

(2)The system must provide for the following to minimise the uncontrolled release of non-electrical or electrical energy from a concealed service—

(a)locating the energy source and placing a mark, describing the source, on or near the source;

(b)isolating the energy source;

(c)testing the energy source and proving the source de-energised.

(3)The site senior executive for the coal mine must provide sufficient equipment for the matters mentioned in subsection (2)(a) to (c).

88AAsbestos material installed in buildings and plant

(1)This section applies if a building or plant at a coal mine has asbestos material installed in the building or plant.

(2)The site senior executive for the coal mine must ensure a standard operating procedure is established—

(a)to prevent the exposure of persons to the asbestos material; or

(b)if the exposure can not be prevented, to minimise the exposure.

(3)The standard operating procedure must include—

(a)the steps that must be taken to restrict access to, and prevent disturbance of, the asbestos material; and

(b)work practices in the vicinity of the asbestos material; and

(c)requirements for assessment of the asbestos material at regular intervals of at least 1 year and earlier if the nature or location of work in the vicinity of the asbestos material changes.

(4)If the asbestos material is friable, poorly bonded or unstable, for example, because of damage or deterioration, the site senior executive must ensure the asbestos material is enclosed, sealed or removed.

(5)If the asbestos material is to be removed, the site senior executive must ensure an asbestos removalist removes the asbestos material under the NOHSC document entitled ‘Code of Practice for the Safe Removal of Asbestos [NOHSC:2002]’.

88BAsbestos, other than asbestos material installed in buildings and plant

(1)This section applies to asbestos occurring naturally at a mine.

(2)The site senior executive for a coal mine must ensure—

(a)action is taken to prevent the exposure of persons to the asbestos; or

(b)if the exposure can not be prevented, action is taken to protect the health of persons at the mine from the effect of the asbestos.

(3)The site senior executive must ensure monitoring or assessment of airborne asbestos is carried out under the NOHSC document entitled ‘Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Dust [NOHSC:3003]’.

89Dust

(1)A coal mine’s safety and health management system must provide ways of ensuring—

(a)each coal mine worker’s exposure to respirable dust at the mine is kept to an acceptable level; and

(b)the worker does not breathe an atmosphere at the mine containing respirable dust exceeding an average concentration, calculated under AS 2985:2009, equivalent to the following for an 8-hour period—

(i)for coal dust—1.5mg/m³ air;

(ii)for free silica—0.05mg/m³ air.

Note—

AS 2985:2009 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’

(2)If a person works a shift of more than 8 hours at the mine, the system must provide ways of ensuring the person’s dosage of respirable dust is not more than the equivalent dosage for a person working an 8-hour shift.

(3)The system must provide that, if the average concentration of respirable dust in the atmosphere is above the levels stated in subsection (1)—

(a)the controls for minimising dust must be reviewed; and

(b)the system must be changed to ensure the average concentration is reduced to, or below, the levels stated in subsection (1).

(4)The system must provide ways of suppressing excessive airborne dust so a person’s safety is not threatened, including, for example, by reduced visibility.

(5)The system must provide for the following—

(a)monitoring, and preparing a record of, concentrations of respirable dust in the atmosphere of the work environment;

(b)keeping the record in a location that is easily accessible by each coal mine worker at the mine;

(c)submitting the record to the chief inspector—

(i)in a way, and in a format, approved by the chief inspector; and

(ii)for development operations or longwall operations—at least once every 3 months and as otherwise directed by an inspector; and

(iii)otherwise—

(A)as required under a recognised standard related to the monitoring of respirable dust at coal mines; or

(B)as otherwise directed by an inspector;

(d)the investigation and reporting procedure stated in section 89A for high average respirable dust concentrations.

s 89 amd 2018 SL No. 153 s 4; 2020 SL No. 169 s 4

89ADust monitoring and reporting procedure

(1)This section applies if the site senior executive for a coal mine becomes aware (the first trigger event) that the average concentration of respirable dust in the atmosphere of the work environment exceeds the levels stated in section 89(1).

(2)The site senior executive must ensure—

(a)the cause of high average concentration is investigated; and

(b)the results of the investigation are recorded and analysed to identify trends and issues with the coal mine’s safety and health management system; and

(c)the notification obligations under subsection (4) are complied with; and

(d)if any changes to the coal mine’s safety and health management system required under section 89(3)(b) are made—the changes to the system are recorded; and

(e)a further sample is taken within 2 weeks after the first trigger event.

(3)If the site senior executive receives the results of the further sample and the results indicate the average concentration of respirable dust in the atmosphere of the work environment exceeds the levels stated in section 89(1) (the second trigger event), the site senior executive must ensure—

(a)the cause of the continued high average concentration is investigated; and

(b)the results of the investigation are recorded and analysed to identify trends and issues with the coal mine’s safety and health management system; and

(c)the notification obligations under subsection (4) are complied with; and

(d)if any changes to the coal mine’s safety and health management system required under section 89(3)(b) are made—the changes to the system are recorded.

(4)For subsections (2)(c) and (3)(c), the notification requirements for the first trigger event and second trigger event are—

(a)as soon as practicable after the event, coal mine workers in the similar exposure group for the risk created by the high average respirable dust concentration must be told about the high average concentration; and

(b)within 24 hours after the event, the following persons must be told about the high average concentration—

(i)an inspector;

(ii)an industry safety and health representative;

(iii)a site safety and health representative; and

(c)within 72 hours after the event, a record of concentrations of respirable dust in the atmosphere of the work environment must be submitted to the chief inspector in a way, and in a format, approved by the chief inspector.

(5)In this section—

further sample means a sample of the atmosphere of the work environment taken—

(a)after the first trigger event for the purpose of determining whether the average concentration of respirable dust in the atmosphere of the work environment continues to exceed the levels stated in section 89(1); and

(b)in accordance with AS 2985:2009; and

Note—

AS 2985:2009 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’

(c)as far as practicable, in the same circumstances as the sample of the atmosphere of the work environment that resulted in the first trigger event.

Example—

The further sample is taken—

1in an area of the mine similar to the area in which the initial sample was taken; and

2using—

(a)the same coal mine worker used to take the initial sample; or

(b)another coal mine worker in the similar exposure group for the risk created by the high average respirable dust concentration.

90Ladders, steps and elevated walkways

A coal mine’s safety and health management system must provide for ladders, steps and elevated walkways at the mine to be designed and installed to minimise the risk to a person from falling, slipping or tripping.

91Noise

(1)A coal mine’s safety and health management system must provide ways of ensuring—

(a)each coal mine worker’s exposure to noise is kept to an acceptable level; and

(b)the worker is not exposed to noise levels exceeding the levels stated in the national standard for occupational noise.

(2)The system must provide for the following—

(a)supplying personal protective equipment for persons in the work environment if there is no practical way of reducing the persons’ noise dose to comply with subsection (1);

(b)monitoring and recording noise levels in the work environment;

(c)keeping the records in a location that is easily accessible by each coal mine worker at the mine;

(d)identifying, by an appropriate warning sign, each part of the mine where there are excessive noise levels.

(3)In this section—

national standard for occupational noise means the national standard for occupational noise stated in the NOHSC document entitled ‘National Standard for Occupational Noise [NOHSC:1007]’.

92Working at heights

(1)A coal mine’s safety and health management system must provide for controlling risk associated with working at heights at the mine.

(2)If a person is required to work at a height greater than 2.4m, the system must provide for minimising the person’s risk of injury from falling.

(3)The system must include standard operating procedures for using personal protective equipment to control the risk.

(4)The system may provide for using the following plant to control the risk—

(a)work boxes and work platforms;

(b)scaffolding, barricades, hand rails and restraining or fall arresting devices.

(5)If the system provides for using plant mentioned in subsection (4), the system must require the plant to be supplied for coal mine workers at the mine.

(6)If the system provides for the use of work boxes or work platforms, the system must state the circumstances in which the boxes or platforms may be suspended by a crane.

93Working near a body of water or other liquid

(1)A coal mine’s safety and health management system must provide for controlling risk associated with working near a body of water or other liquid at the mine.

(2)The system must provide for the use of a buoyancy aid by a person carrying out the work if a risk assessment identifies a risk of the person drowning.

94Checking and examining work areas

(1)A coal mine must have a standard operating procedure for—

(a)checking the condition of a work area before coal mine workers proceed to the work area; and

(b)examining the area, before workers start work in the work area, to check for hazards.

(2)The procedure must provide for a check and examination of each coal mine worker’s specific work area to be carried out by the coal mine worker.

95Maintaining hygienic work environment

A coal mine must have a standard operating procedure for maintaining the facilities mentioned in section 87(1) and other areas of the work environment in a hygienic condition.

96Miscellaneous

A coal mine must have a standard operating procedure for the following—

(a)controlling access to, and working in, confined spaces at the mine;

(b)minimising the risk to persons from carrying out manual handling tasks;

(c)protecting persons from the following at the mine—

(i)abrasive blasting and high pressure, chemical and mechanical cleaning;

(ii)cutting and welding, including using cutting and welding equipment in a confined, wet or dusty location;

(iii)laser emissions and other sources of harmful electromagnetic radiation, including solar radiation.

97Monitoring and recording deformation of natural and artificial structures

If the deformation of natural and artificial structures at a coal mine caused by coal mining operations may affect the safety or health of a person, the site senior executive for the coal mine must ensure the deformation is monitored and recorded.

98Reporting and rectifying defects

A coal mine’s safety and health management system must provide for the following—

(a)reporting all defects in the mine’s plant, structures and procedures;

(b)rectifying defects that create an unacceptable level of risk.

99Restricting access to parts of mine

A coal mine’s safety and health management system must provide for restricting access by persons to parts of the mine, including, for example, the following—

(a)sumps and drains identified and assessed by a risk assessment as parts to which access by persons needs to be restricted to achieve an acceptable level of risk;

(b)unstable, hazardous or broken ground.

100Requirements for drilling and abandoning boreholes

(1)If a borehole is drilled or abandoned at a coal mine, the site senior executive for the coal mine must ensure—

(a)the following provisions of the Petroleum and Gas (Safety) Regulation 2018 are complied with—

(i)sections 28 to 30 and 44 to 46;

(ii)for a drilling rig used to drill the borehole—section 20; and

(b)the requirements in schedule 2AA are complied with.

Maximum penalty—20 penalty units.

(2)Subsection (1)(b) does not apply in relation to an in-seam borehole drilled from underground.

(3)The provisions mentioned in subsection (1)(a) apply to a coal mine—

(a)as if—

(i)the coal mine is an operating plant under the provisions; and

(ii)a reference in the provisions to a petroleum well is a reference to a borehole; and

(iii)a reference in the provisions to a horizontal well is a reference to a borehole that is not vertical; and

(iv)a reference in the provisions to the holder of a petroleum tenure or the operator is a reference to the site senior executive; and

(v)a reference in section 20 to a drilling operating plant is a reference to the drilling rig; and

(vi)a reference in section 45(2)(b) to an end of tenure report or a petroleum well or bore abandonment report is a reference to a borehole abandonment record under section 60A; and

(vii)a reference in section 46(4) to the standard abandonment requirements is a reference to the requirements in schedule 2AA; and

(b)with other necessary changes.

(4)Sections 30 and 44 of the Petroleum and Gas (Safety) Regulation 2018 do not apply in relation to a borehole—

(a)that was drilled before 31 December 2004; or

(b)if drilling of the borehole started before 1 July 2005.

(5)If sections 30 and 44 of the Petroleum and Gas (Safety) Regulation 2018 do not apply in relation to a borehole, the drilling of the borehole must comply with the repealed regulation as it was before the commencement of the Petroleum and Gas (Production and Safety) Regulation 2004.

(6)This section applies subject to section 295.

(7)In this section—

repealed regulation means the Coal Mining Safety and Health Regulation 2001.

s 100 amd 2018 SL No. 135 s 178

100AAChief inspector may give exemption from particular requirements

The chief inspector, acting with the agreement of the chief inspector, petroleum and gas, may give the site senior executive for a coal mine an exemption from complying with—

(a)a requirement under section 100 in relation to—

(i)a stated borehole, or boreholes drilled or proposed to be drilled, at a coal mine; or

(ii)a stated coal seam; or

(b)a requirement under section 12BD; or

(c)a requirement under section 12BE.

100ABSite senior executive may apply for exemption from particular requirement

(1)The site senior executive may apply to the chief inspector for an exemption from a requirement mentioned in section 100AA.

(2)The application must—

(a)be in the approved form; and

(b)contain the information necessary to enable the chief inspector to decide the application; and

(c)if the applicant proposes to implement alternative safety measures—contain details of the proposed measures; and

(d)be lodged at the office of the chief inspector.

(3)In this section—

alternative safety measures means systems, methods or procedures that—

(a)do not comply with a requirement mentioned in section 100AA; and

(b)achieve a level of risk that is equal to or less than the level of risk that would be achieved by complying with the requirement.

s 100AB amd 2020 SL No. 69 s 7

100ACChief inspector to decide application for exemption from particular requirement

(1)In deciding an application for an exemption from a requirement mentioned in section 100AA, the chief inspector may seek advice or recommendations from a technical advisory committee for coal seam gas established under the Petroleum and Gas (Production and Safety) Act 2004, section 732B.

(2)If advice or recommendations obtained by the chief inspector under subsection (1) are adverse to the site senior executive, the chief inspector must, before making a decision about whether to grant the exemption, give the site senior executive—

(a)a copy of the advice or recommendations; and

(b)at least 15 business days to make submissions to the chief inspector about the advice or recommendations.

(3)The chief inspector must either give the exemption, with or without conditions, or refuse the application.

(4)The chief inspector may give the exemption only if—

(a)the chief inspector, petroleum and gas agrees; and

(b)the requirement stated in subsection (5) is complied with for the exemption.

(5)For subsection (4)(b), the requirement is that the chief inspector is reasonably satisfied—

(a)that if the exemption is granted—

(i)the likely impact on the future safe and efficient mining of coal is low; and

(ii)it is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and

(b)that the likely impact mentioned in paragraph (a)(i), and the level of risk mentioned in paragraph (a)(ii), are easily and reliably quantifiable; and

Examples—

a coal seam that is unlikely to be economically mined in the next 25 years due to unfavourable quality, the thickness or depth of the seam, the seam being discontinuous or structurally disturbed, or the seam being intruded or affected by heat

a coal seam that is likely to be mined but alternative safety measures are proposed that reduce the level of risk so it is less than or equal to the level of risk that would be achieved under the relevant requirement

(c)that if the exemption is granted, the likely impact on the future safe and efficient production of petroleum is low.

(6)Without limiting subsection (3), a condition may require the site senior executive to comply with stated alternative safety measures within the meaning of section 100AB.

(7)The chief inspector must give the site senior executive notice of the decision.

100ADRequirements for site senior executive in relation to effect of coal mining operations on petroleum activities

(1)The site senior executive for a coal mine must ensure that coal mining operations carried out at the mine stop immediately if the site senior executive becomes aware, or ought reasonably to be aware, that—

(a)the operations create a risk to the safety of persons in the area of an adjacent or overlapping petroleum lease; and

(b)the level of the risk is not an acceptable level.

(2)The site senior executive must ensure the operations do not resume until any reasonable and necessary action to reduce the level of the risk to an acceptable level have been taken.

100AProhibited substances

The site senior executive for a coal mine must ensure a prohibited substance mentioned in schedule 2A, column 1, is not used at the mine for a prohibited purpose mentioned in schedule 2A, column 2, opposite the name of the substance.

101Application of chapter

This chapter applies only to surface mines.

Note—

See also chapter 2 which is about all coal mines.

102Ways of achieving an acceptable level of risk

(1)This chapter, other than sections 109 and 153, prescribes ways of achieving an acceptable level of risk at a surface mine in the circumstances mentioned in this chapter.

(2)However, this chapter does not deal with all circumstances that expose someone to risk at a surface mine.

(3)A person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed.

Note—

See section 34 of the Act for the penalty for failing to discharge the obligation.

103Application of part

This part does not apply to a surface mine that is the surface operations of an underground mine.

104Presence of, and access to, open-cut examiner

The site senior executive for a surface mine must ensure, when mining activities are carried out in or around the surface excavation—

(a)at least 1 open-cut examiner is present at the mine; and

(b)the open-cut examiner is contactable by a person working in or around the excavation.

105Open-cut examiner’s responsibilities and duties—general

(1)The site senior executive for a surface mine must ensure—

(a)the main responsibility of an open-cut examiner for the mine is the safety and health of persons in or around the surface excavation during mining activities in or around the surface excavation; and

(b)the open-cut examiner’s main duties relate to the main responsibility.

(2)Subsection (1)(b) does not prevent the open-cut examiner having other duties at the mine, including, for example, duties given to the examiner under the mine’s safety and health management system.

106Inspecting surface excavations

(1)An open-cut examiner for a surface mine must inspect a surface mine excavation and the part of the mine near the excavation where activities, including mining activities, are to be, or are being carried out, to decide whether the level of risk is acceptable.

(2)The inspection must be done—

(a)before the activities start in or around the excavation; and

(b)periodically, as required under the mine’s safety and health management system.

(3)Before carrying out the inspection, the examiner must—

(a)read the latest open-cut examiner’s report in the mine record for the mine; and

(b)acknowledge, in writing, in the mine record, that the examiner has read the report.

107Reducing unacceptable level of risk

(1)This section applies if, after inspecting a surface mine under section 106, the open-cut examiner for the mine decides an unsafe thing at the mine causes an unacceptable level of risk.

(2)If it is practicable, the examiner must ensure the thing is made safe immediately.

(3)If it is not made safe immediately, the examiner must immediately notify persons at the mine who may be exposed to the risk.

(4)Until the thing is made safe, the examiner must—

(a)erect a barrier to prevent persons from unknowingly entering the part of the mine where the unacceptable level of risk exists; and

(b)stop coal mining operations in, and withdraw all persons from, the part.

(5)If the thing is not made safe by the end of the shift in which the inspection was made, the examiner, at the end of the shift, must report the matter to the following persons—

(a)the examiner’s immediate supervisor at the mine;

(b)an open-cut examiner who is required to make a similar inspection during the next shift.

108Role in developing and reviewing safety and health management system

(1)The site senior executive for a surface mine must ensure at least 1 open-cut examiner is involved in developing, reviewing and auditing the part of the mine’s safety and health management system relating to the mining activities in and around the mine excavation.

(2)Subsection (1) does not require the examiner to be involved in a matter that is not within the examiner’s competency.

109Giving technical directions to open-cut examiner

A person must not give a technical direction about a safety and health matter to an open-cut examiner unless the person has competencies for the matter at least equivalent to those of the open-cut examiner.

Maximum penalty—200 penalty units.

110Application of part

This part applies only to electrical equipment and electrical installations above extra low voltage.

111Appointment of person to control and manage electrical engineering activities

If electricity is proposed to be used in coal mining operations at a surface mine, the site senior executive for the mine must appoint a person to control and manage the mine’s electrical engineering activities.

112Live testing electrical equipment

(1)A surface mine must have a standard operating procedure for live testing electrical equipment at the mine.

(2)The procedure must—

(a)state—

(i)what equipment may be live tested; and

(ii)what instruments may be used for the testing; and

(b)provide for the following—

(i)isolating areas where equipment is being live tested or test run;

(ii)using personal protective equipment;

(iii)using high voltage test equipment and discharging stored energy after the test;

(iv)dealing with high prospective fault currents;

(v)other precautions to be taken for live testing.

113Electrical protection for electrical distribution system

(1)The site senior executive for a surface mine must ensure an earthed electrical distribution system at the mine has earth leakage protection.

(2)Subsection (1) does not apply if—

(a)persons at the mine are protected against indirect contact with the system; or

(b)for an overhead power line—

(i)mobile plant is not operated close to the line; and

(ii)a risk assessment shows earth leakage protection would only minimally reduce the risk.

114Electrical protection for mobile or transportable equipment

(1)This section applies to mobile or transportable equipment used at a surface mine and supplied with electricity by a reeling or trailing cable.

(2)If the equipment does not have a local earthing system, the site senior executive for the mine must ensure the cable has an earth continuity monitoring system that cuts off the electricity supply immediately after an earth continuity fault is detected in the cable or equipment.

(3)Subsection (2) does not apply if the cable—

(a)is a low voltage cable; and

(b)has earth leakage current protection of not more than 30mA sensitivity; and

(c)has individually screened cores; and

(d)has no joining plugs or sockets.

(4)The site senior executive must ensure the electricity source for the equipment has an earth fault current limitation device that limits prospective touch voltage to within acceptable limits.

(5)Subsection (4) does not apply if the equipment is low voltage equipment and persons at the mine are otherwise protected adequately against injury from indirect contact with electricity.

115Using explosives

(1)Explosives for use, or used, at a surface mine must be stored, used and disposed of under AS 2187 ‘Explosives—Storage, transport and use’.

(2)In this section—

AS 2187 means the Australian Standard that is currently in force under that designation.

116Safety and health management system

(1)A surface mine must have a standard operating procedure for the following—

(a)transporting explosives at the mine;

(b)inspecting and reporting on the safety of equipment used at the mine for manufacturing, storing, transporting and delivering explosives;

(c)taking appropriate action to make equipment mentioned in paragraph (b) safe;

(d)accounting for explosives brought onto the mine;

(e)checking for, and isolating, explosives that have deteriorated;

(f)minimising the risk of theft or misuse of explosives;

(g)identifying and controlling hazards—

(i)during the charging and firing of explosives; and

(ii)in particular places, including, for example in a storage bin feeder in which an explosive is to be used to clear a blockage;

(h)finding, recovering and detonating misfired explosives;

(i)keeping a record about misfired explosives.

(2)The procedure for transporting explosives must address the following—

(a)packaging explosives for transport;

(b)the design of vehicles and compartments in which explosives are to be transported;

(c)marking packages, containers and vehicles used for transporting explosives;

(d)stowing and segregating explosives during transport;

(e)the appropriate load limit for vehicles carrying explosives;

(f)transport procedures necessary to reduce the probability and consequence of incidents;

(g)the competence required of persons for transporting explosives, including handling the explosives and mixing and discharging the explosives from vehicles;

(h)temporary storage;

(i)restricted areas;

(j)emergency response.

(3)The procedure for identifying and controlling hazards during the charging and firing of explosives must—

(a)have regard to the following—

(i)the proximity of unrelated activities to the charging and firing;

(ii)ground conditions; and

(b)state the allowable period for the explosives to remain in the ground before being detonated.

117Spoil dumps and excavated faces

(1)A surface mine must have a standard operating procedure for working on spoil dumps and near excavated faces at the mine.

(2)The procedure must provide for inspecting and monitoring the spoil dumps and excavated faces.

118Restricting access to hazardous areas

A surface mine’s safety and health management system must provide for the following—

(a)installing safety berms or implementing other appropriate control measures for preventing persons and mobile plant from falling over edges with a vertical drop of 1m or more;

(b)controlling the entry of persons to areas containing open drill holes.

119Entry to highwall mining underground excavation

A person must not enter a highwall mining underground excavation unless—

(a)an abnormal circumstances declaration is in force for the excavation; and

(b)a person having the competencies to supervise ERZ operations in an underground mine has been appointed to control the highwall mining activity while the abnormal circumstances declaration is in force; and

(c)a risk assessment of the abnormal circumstances has been done, identifying the hazards associated with the abnormal circumstances; and

(d)adequate controls are in place to ensure the safety of the person entering the excavation; and

(e)the person—

(i)has the necessary competencies to work safely in an underground mine; and

(ii)carries a certified self-contained self-rescuer.

120Abnormal circumstances declaration

(1)This section applies if it becomes necessary for a person to enter a highwall mining excavation at a surface mine to rescue someone or recover plant.

(2)An abnormal circumstances declaration must be made by—

(a)the site senior executive for the mine; or

(b)if it is necessary because of urgent or other special circumstances, including, for example the unavailability of the site senior executive—the senior supervisor for the mine.

(3)The declaration must be written and state the following—

(a)the controls that must be observed to manage the risks identified by a risk assessment of the risk to a person entering the highwall mining excavation;

(b)the period for which the declaration is in force.

s 120 amd 2019 SL No. 250 s 5

121Notifying particular persons of abnormal circumstances declaration

Immediately after making the abnormal circumstances declaration, the site senior executive or senior supervisor must give notice of the declaration to—

(a)each supervisor in control of the highwall mining operation; and

(b)a site safety and health representative for the mine.

122Revoking abnormal circumstances declaration

(1)Immediately after the need for a person to enter the highwall mining excavation has passed, the abnormal circumstances declaration must be revoked by the site senior executive or senior supervisor who made the declaration.

(2)The revocation must be written and notice of it given to—

(a)each supervisor in control of the highwall mining operation; and

(b)a site safety and health representative for the mine.

123Particulars of abnormal circumstances declaration must be included in mine record

(1)For section 68 of the Act, an abnormal circumstances declaration is prescribed as a matter that must be included in the mine record.

(2)The site senior executive for a surface mine must ensure the mine record includes the following about the declaration—

(a)the reasons for the declaration;

(b)the date the declaration was made;

(c)the controls required by the declaration;

(d)the date the declaration was revoked.

124Other provisions applying while declaration is in force

(1)Without limiting any other provision of chapter 2 or this chapter, the provisions of chapter 4 stated in schedule 3 apply to the highwall mining underground excavation to which the abnormal circumstances declaration relates while the declaration is in force.

(2)For subsection (1), a reference in the provisions to—

(a)the underground mine manager or ventilation officer is taken to be a reference to the site senior executive; and

(b)the ERZ controller is taken to be a reference to a person mentioned in section 119(b); and

(c)an underground mine is taken to be the surface mine at which the highwall mining is carried out.

125Safety and health management system for highwall mining

(1)If highwall mining is carried out at a surface mine, the mine’s safety and health management system must provide for conducting the highwall mining activity in a way that controls the risk of unplanned highwall instability.

(2)The system must include standard operating procedures for the following—

(a)the entry of persons to, and the evacuation of persons from, an area where highwall mining is carried out;

(b)fire prevention, and fire fighting, associated with highwall mining;

(c)identifying and marking areas near highwall mining where—

(i)explosive atmospheres may occur; or

(ii)it is safe to use cutting and welding equipment, or smoke cigarettes;

(d)continuously monitoring oxygen and methane in the atmosphere at the cutting face in the highwall mining excavation during cutting if an explosive atmosphere that may cause a risk is present, or suspected to be present, in the excavation;

(e)working safely in areas where there is a potential for flooding from any source;

(f)enabling a person to communicate with a person on the surface when work is being carried out in the underground excavation.

(3)The procedure mentioned in subsection (2)(c) must provide for—

(a)monitoring the areas for the potential for the formation of an ERZ; and

(b)deciding whether—

(i)equipment used in the areas needs explosion protection; and

(ii)aluminium alloys used in the areas need protection to minimise the risk of explosion.

(4)The procedure mentioned in subsection (2)(e) must provide for ongoing risk assessment of the potential for inrush, outrush and flooding.

126Plan of surface land

(1)The site senior executive for a surface mine must ensure the mine has a plan, complying with this section, of its surface land.

(2)The scale of a hard copy of the plan must be 1:2500.

(3)The plan’s reference grid must use GDA as its basis or a grid that can be cross-referenced to GDA by information stated on the plan.

(4)The information about the mine shown on the plan must include the following—

(a)the mine’s boundaries;

(b)the boundaries of the following—

(i)any road, railway, power line or other type of reserve or easement on the surface within the mine’s boundaries;

(ii)any creek, river, watercourse, lake, sea, dam or other possible inrush source on the surface within the mine’s boundaries or on land adjacent to the mine;

(c)the location of any artificial structures on the surface within the mine’s boundaries;

(d)the contours of the reduced levels of the mine workings floor at intervals, of not more than 5m, as are necessary to show potential hazards at the mine;

(e)the final extent and datum level of the limits of the excavation.

(5)The site senior executive must ensure at least 1 copy of the plan kept at the mine is drawn on a transparency so the plan can be overlaid on the plan of any underground mine workings.

127Plans of surface services

(1)The site senior executive for a surface mine must ensure current plans identifying and showing the location of surface services, including buried services, are kept in a location at the mine that is easily accessible by each coal mine worker at the mine.

(2)In this section—

buried service includes electricity conducted through an underground electrical cable and another service carried in an underground pipe.

surface service includes the following—

(a)a communication cable;

(b)compressed air storage and reticulation;

(c)diesel storage and reticulation;

(d)an electrical cable;

(e)an emergency access or road;

(f)a fire fighting facility;

(g)a first aid facility;

(h)gas storage and reticulation;

(i)rescue equipment;

(j)a sewerage facility;

(k)a water storage pipeline or drain.

128Specification for design and construction of mine roads

(1)A surface mine’s safety and health management system must provide a specification for the design and construction of mine roads to enable the safe movement of vehicles about the mine.

(2)The specification must have regard to the particular conditions at the mine, including the following—

(a)the characteristics of the mine vehicles;

(b)the types of materials used for road construction;

(c)the methods of working the mine.

(3)The specification must be developed through a formal risk assessment process and must provide for the following for the roads—

(a)barriers;

(b)curvature;

(c)grade;

(d)guideposts;

(e)pavement shape;

(f)safety berms;

(g)signs;

(h)surface material;

(i)width.

(4)The specification must provide for appropriate control measures for preventing persons and vehicles from falling over road edges with a vertical drop of more than 0.5m.

(5)For a primary haul road regularly used for 2-way traffic, the specification must provide for a road width at least 3.5 times the width of the largest vehicle regularly using the road.

(6)In this section—

primary haul road means a road—

(a)intended to be used, during the life of the mine, by heavy vehicles to move overburden, coal and reject material from the mine; and

(b)capable of carrying mixed traffic at high speed.

width, for a road, means the width of the road’s useable running pavement clear of guideposts, grader rills and safety berms.

129Standard operating procedure

A surface mine must have a standard operating procedure for maintaining and watering mine roads, including dealing with hazards caused by excessive watering of roads.

130Safety features for operator-attended dredges

A surface mine’s safety and health management system must provide for the following safety features for an operator-attended dredge at the mine—

(a)an alarm system to warn the operator when the minimum freeboard for the dredge is breached;

(b)a watertight door or cover on each hatch or opening on a hull that is essential for floating the dredge;

(c)barriers and handrails fitted to or around the dredge to minimise the risk of a person falling overboard.

131Stability checks

A surface mine’s safety and health management system must provide that before an operator-attended dredge is used at the mine—

(a)stability checks are done for the dredge to calculate—

(i)the dredge’s safe working limits, including its minimum freeboard; and

(ii)the safe allowable water levels for the dredge’s hulls; and

(b)a method of measuring water levels in the dredge’s flotation hulls is available.

132Using and relocating operator-attended dredges

(1)A surface mine must have a standard operating procedure for using and relocating operator-attended dredges at the mine.

(2)The procedure must provide for the following—

(a)safe access to a floating pontoon;

(b)restricting access to areas identified in a risk assessment as high risk areas;

(c)controlling electrical trailing cables connected to the dredge;

(d)the safety of persons near winch ropes;

(e)using a bilge pump, including, in particular, ways to minimise the risk of reverse siphoning;

(f)checking and recording the dredge’s freeboard;

(g)maintaining and inspecting the dredge’s hulls and parts essential for flotation;

(h)controlling risk from dredging the face;

(i)monitoring climatic conditions and securing the dredge during adverse climatic conditions.

133Discharging loads

(1)A surface mine must have a standard operating procedure for discharging loads from fixed and mobile plant.

(2)The procedure must provide for the following for dump trucks—

(a)the design, construction and maintenance of safety berms on roads used by the trucks;

(b)identifying risks of the trucks overturning;

(c)safe dump areas and routes;

(d)methods of working with the trucks.

134Using explosive-powered tools

A surface mine must have a standard operating procedure for using explosive-powered tools.

135Using plant near electricity

(1)A surface mine must have a standard operating procedure for using fixed and mobile plant near electrical cables, overhead electrical conductors, or electrical equipment.

(2)The procedure must provide for the following—

(a)recording power line heights at each location where a vehicle may pass;

(b)keeping a register of the height of vehicles and mobile plant used on site;

(c)fixing standard travelling routes at the mine;

(d)travelling other than on a standard travelling route;

(e)inspecting, and reporting on, travelling routes for plant not included in the register mentioned in paragraph (b);

(f)preventing incidents involving electrical contact, including, for example, by—

(i)using barriers, signs, indicators and alarms; and

(ii)requiring stated clearance distances between plant and electrical conductors; and

(iii)isolating electrical conductors.

136Engine shutdown and fire suppression

A surface mine’s safety and health management system must provide for—

(a)each manually operated earthmoving machine used on a stockpile or coal waste dump at the mine to be fitted with an automatic fire suppression system; and

(b)the machine’s engine to be capable of being stopped, independently of the operator, if a risk assessment indicates the machine may become buried.

137Fire detection and suppression in tunnels

A surface mine’s safety and health management system must provide for automatically detecting combustion and suppressing fires in tunnels beneath stockpiles.

138Standard operating procedures

(1)A surface mine must have standard operating procedures for the following—

(a)operating equipment on stockpiles and coal waste dumps;

(b)ensuring the safety of persons—

(i)on or near a stockpile or coal waste dump; and

(ii)in, or near, heated areas or areas with a potential for spontaneous combustion; and

(iii)working below or near a stockpile or coal waste dump where there is potential for material inrush or outrush; and

(iv)entering a bin or hopper to free blockages from inside or outside the bin or hopper;

(c)maintaining a safe atmosphere in a tunnel under a stockpile while persons are working in the tunnel;

(d)evacuating persons from a tunnel under a stockpile.

(2)The procedure for operating equipment on a stockpile must provide for the following—

(a)detecting, and giving notification of, voids in a stockpile;

(b)taking emergency action if equipment falls into a void;

(c)traversing a stockpile;

(d)creating loading faces and dozer slots and battering down the faces and slots;

(e)supplying uniform lighting to minimise shadows.

139Safety berms

If rear dump trucks are required to dump up to, or over, an edge at a surface mine, the mine’s safety and health management system must provide for constructing and maintaining a safety berm to reduce the risk from the trucks toppling over the edge.

140Prohibited articles

(1)A surface mine’s safety and health management system must provide for classifying materials or objects as prohibited articles.

(2)A person must not have a prohibited article at the mine.

141Safety inspections

(1)A surface mine must have a standard operating procedure for carrying out safety inspections of workplaces, including an inspection by an open-cut examiner under section 106, at the mine.

(2)The procedure must require—

(a)a safety inspection to be done before an on-site activity is carried out at a workplace, and periodically while activities are carried out at the workplace; and

(b)the results of the inspection, including details of hazards and recommended corrective action, to be made available to the mine’s coal mine workers.

142Flammable or toxic gas

(1)A surface mine’s safety and health management system must provide for protecting persons from risks from flammable or toxic gas at the mine.

(2)The system must include a standard operating procedure that provides for the following—

(a)identifying and monitoring parts of the mine where the gas might accumulate and create a hazard;

(b)fixing flammable gas concentration limits for the work environment;

(c)testing for flammable or toxic gas in the work environment, before, during and after carrying out work;

(d)recording information about flammable or toxic gas detected in the work environment;

(e)controlling flammable or toxic gas in the work environment;

(f)establishing emergency procedures for flammable or toxic gas in the work environment.

143Heat stress

A surface mine’s safety and health management system must include a procedure for protecting persons from heat that may lead to heat stress, heat exhaustion or heat stroke.

144Lighting

A surface mine’s safety and health management system must provide for the following—

(a)adequate lighting, having regard to shadow, contrast and glare, in each area of the mine in which work is to be carried out so the work can be carried out safely;

(b)emergency lighting to ensure that persons in a building or enclosure at the mine can safely exit if the normal lighting fails.

145Spray painting and spraying other substances

A surface mine must have a standard operating procedure for spray painting or spraying a volatile or harmful substance.

146Trenches

(1)A surface mine’s safety and health management system must provide for protecting persons from risks from trenches at the mine.

(2)The system must provide for the following—

(a)the use of barricades;

(b)ground support;

(c)water ingress and hazardous atmosphere in the trench.

147Application of chapter

This chapter applies only to underground mines.

Note—

See also chapter 2 which is about all coal mines.

148Ways of achieving an acceptable level of risk

(1)This chapter prescribes ways of achieving an acceptable level of risk at an underground mine in the circumstances mentioned in this chapter.

(2)However, this chapter does not deal with all circumstances that expose someone to risk at an underground mine.

(3)A person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed.

Note—

See section 34 of the Act for the penalty for failing to discharge the obligation.

149Principal hazard management plan

An underground mine must have principal hazard management plans that provide for at the least the following—

(a)emergency response;

(b)gas management;

(c)methane drainage;

(d)mine ventilation;

(e)spontaneous combustion;

(f)strata control.

150Restriction on entering below ground

A person must not enter below ground at an underground mine without the authority of the underground mine manager.

151Dealing with flammable substances underground

An underground mine must have a standard operating procedure for using, storing, handling and disposing of flammable substances with a flash point of less than 61ºC underground.

152Limit to external surface temperature of equipment used underground

Unless otherwise allowed under part 8, division 5, a person must not use equipment underground if its external surface temperature is more than 150ºC.

153Giving technical directions to a person appointed under s 60(8) or (9) of the Act

A person must not give a technical direction about a safety and health matter to a person appointed under section 60(8) or (9) of the Act unless the person has the necessary technical competency, and is authorised by the underground mine manager, to give the direction.

Maximum penalty—200 penalty units.

154Fire prevention and control

The site senior executive for an underground mine must ensure a building or structure located at a surface intake opening, or in the underground mine, is constructed of a nonflammable material.

155Fire officers

(1)The underground mine manager for an underground mine must appoint, in writing, at least 1 person as a fire officer for the mine.

(2)The fire officer is responsible for the following—

(a)inspecting, testing and maintaining all fire fighting equipment;

(b)keeping records of the inspection, testing and maintenance of fire fighting equipment;

(c)establishing fire prevention and control training needs and ensuring the training is carried out;

(d)ensuring the currency of all fire fighting plans and procedures;

(e)testing, and reporting on, the condition of the mine’s communication system.

156Emergency mine sealing and entry airlocks

(1)The site senior executive for an underground mine must ensure—

(a)each entrance from the surface to the underground mine is capable of being sealed—

(i)at the surface without requiring persons to travel in front of the entrance to seal it; or

(ii)if the entrance is a vertical shaft—

(A)in the way mentioned in subparagraph (i); or

(B)in a roadway at the bottom of the shaft; and

(b)at least 1 entrance from the surface to the underground mine has a mine entry airlock.

(2)The site senior executive must also ensure—

(a)each seal installed for sealing an entrance from the surface to the underground mine is a type E seal; and

(b)each mine entry airlock is capable of withstanding a pressure pulse of 70kPa passing through the entrance while the airlock is open.

(3)The site senior executive must also ensure the underground mine, when sealed, has facilities allowing the following—

(a)the use of inertisation equipment from a safe position;

(b)the monitoring of the atmosphere behind the seal from a safe position;

(c)persons to re-enter the mine through the entrance;

(d)large mobile equipment to enter or exit the mine through an airlock.

(4)This section does not apply to a drift or shaft being driven from the surface in material other than coal.

(5)Nothing in this section prevents a type E seal from also being designed for pressure relief for an overpressure of more than 70kPa.

(6)In this section—

type E seal means a ventilation control device capable of withstanding an overpressure of 70kPa.

157Testing airlocks

The underground mine manager for an underground mine must ensure the operation of each airlock installed for an entrance at the mine is tested, other than pressure tested, at least once a year.

157ATesting inertisation facilities

(1)The underground mine manager for an underground mine must ensure the following facilities at the mine are tested at appropriate intervals to ensure the facilities are capable of being used in an emergency—

(a)the connection point for using the inertisation equipment mentioned in section 156(3)(a);

(b)each airlock and seal required to be used with the inertisation equipment.

(2)The site senior executive for the mine must ensure the necessary facilities, including, for example, water and cleared areas, are available for use with the inertisation equipment.

158Self-rescuers and other breathing apparatus

(1)An underground mine’s safety and health management system must provide for the following for persons other than mines rescue persons—

(a)supplying self-rescuers, and other breathing apparatus, of a certified type for use at the mine;

(b)maintaining and testing self-rescuers and other breathing apparatus used at the mine;

(c)for self-rescuers—

(i)issuing each person with a self-rescuer that is physically suitable for the person before the person enters the mine; and

(ii)training persons in donning, changing over and using self-rescuers, including self-rescuers stored in caches in the mine, before the persons enter the mine;

(d)for other breathing apparatus—

(i)issuing the breathing apparatus to each person who is required to use the apparatus; and

(ii)training persons who are required to use the breathing apparatus in using the apparatus.

(2)The system must also provide for the following—

(a)the use of a self-rescuer at the mine by the following—

(i)a person who is using the self-rescuer other than the self-rescuer that was issued permanently to the person;

(ii)a temporary coal mine worker;

(iii)a visitor;

(b)recording the following details about each temporary use of a self-rescuer at the mine—

(i)the name of the person using the self-rescuer;

(ii)the date and time the self-rescuer was taken or issued for use by the person;

(iii)the unique identification of the self-rescuer;

(c)removing a record mentioned in paragraph (b) when the person to whom the record applies returns the self-rescuer.

159Restriction on entering below ground at underground mine without self-rescuer

(1)A person must not enter below ground at an underground mine unless the person—

(a)has been issued with, and is carrying, a self-rescuer; and

(b)is trained in donning, changing over and using the self-rescuer and self-rescuers stored in caches in the mine; and

(c)has examined the self-rescuer, is satisfied the self-rescuer has not been damaged externally, and has carried out any checks required by the manufacturer; and

(d)is physically capable of using a self-rescuer of a certified type.

(2)Subsection (1) does not apply to a mines rescue person carrying out a mines rescue activity.

160Responsibility of persons issued with self-rescuers

While a self-rescuer issued for an underground mine is in the possession or control of the person to whom the self-rescuer has been issued, the person must ensure its safe keeping and, as far as practicable, that the self-rescuer is not damaged.

161Types of cap lamps

An underground mine’s safety and health management system must provide for the following—

(a)cap lamps for use at the mine to be of a certified type and explosion protection category Ex ia, Ex s or Ex l;

(b)a record to be kept of the following for each cap lamp type in use at the mine—

(i)its design and construction specifications;

(ii)the manufacturer’s maintenance and testing recommendations.

162Facilities and equipment for cap lamps

The site senior executive for an underground mine must ensure—

(a)the mine has the following facilities and equipment for cap lamps—

(i)a lamp room;

(ii)battery charging stations;

(iii)cap lamp battery charging equipment;

(iv)the correct tools and testing equipment for repairing and maintaining cap lamps; and

(b)each battery charging station is adequately ventilated to remove gases generated by the charging.

163Maintaining and testing cap lamps

The underground mine manager for an underground mine must ensure—

(a)each cap lamp used at the mine is operated for the minimum period stated in the standard against which the cap lamp is certified immediately before the cap lamp is tested; and

(b)the cap lamp is used again only if the test shows its performance is at least 60% of the performance stated in the standard; and

(c)a record is kept of results of maintenance and testing of cap lamps in use at the mine.

164Identifying and tracking cap lamps

The underground mine manager for an underground mine must ensure—

(a)each cap lamp issued to a person at the mine has a unique identification; and

(b)a record is kept of the name of the person to whom the cap lamp is issued permanently.

165Restriction on entering below ground at an underground mine without a cap lamp

A person must not enter below ground at an underground mine unless the person—

(a)has been issued with, and is carrying, a cap lamp; and

(b)is trained in using the cap lamp; and

(c)has examined the cap lamp, is satisfied the cap lamp is working correctly, and has not been damaged to an extent that adversely affects its safe use.

166Safety and health management system

An underground mine’s safety and health management system must provide for the following—

(a)the use of cap lamps at the mine by the following—

(i)a person who is using a cap lamp other than the cap lamp that was issued permanently to the person;

(ii)a temporary coal mine worker;

(iii)a visitor;

(b)recording the following details about the temporary use of a cap lamp at the mine—

(i)the name of the person using the cap lamp;

(ii)the date and time the cap lamp was taken or issued for use by the person;

(iii)the unique identification of the cap lamp;

(c)removing a record mentioned in paragraph (b) when the person to whom the record applies returns the cap lamp.

167Responsibility of persons using cap lamps

(1)While a cap lamp issued for an underground mine is in the possession or control of the person to whom the cap lamp has been issued, the person must ensure its safe keeping and, as far as practicable, that the cap lamp is not damaged.

(2)A person to whom a cap lamp has been issued for an underground mine must return the lamp to its allotted position at the battery charging station at the mine—

(a)at the end of the person’s shift or any extension of the shift for which the lamp was issued; or

(b)if the person no longer needs the cap lamp during the person’s shift or any extension of the shift—as soon as possible after the person no longer needs the cap lamp.

168Safety and health management system for self-escape

(1)An underground mine’s safety and health management system must provide for the self-escape of persons from the mine, or a part of the mine, to a place of safety.

(2)The system must be developed through a risk assessment that includes a consideration of at least the following—

(a)the location of devices for assisting self-escape;

(b)the number of devices, including self-rescuers, to be distributed throughout the mine;

(c)selecting and marking the location for reserve self-rescuers;

(d)the number and location of changeover stations and refuges;

(e)selecting and marking escape routes;

(f)communication equipment and ways of using the equipment;

(g)training persons in self-escape;

(h)fitness of coal mine workers.

(3)The system must provide for a sufficient number of self-rescuers to be placed throughout the mine to enable each person below ground to attempt to escape to the surface if an incident renders the mine, or a part of the mine atmosphere, irrespirable and of poor visibility.

169Standard operating procedure for self-escape

(1)An underground mine must have a standard operating procedure for familiarising the mine’s coal mine workers with use of the mine’s escapeways.

(2)The procedure must include the use of exercises under simulated incident conditions.

170Safety and health management system for aided escape

(1)An underground mine’s safety and health management system must provide for the aided escape of persons from the mine, or from a place of refuge, to a place of safety.

(2)The escape strategies provided by the system must be capable of implementation whenever a person is below ground at the mine.

171Safety and health management system for emergency evacuation

(1)An underground mine’s safety and health management system must provide for the emergency evacuation of persons from the mine, or a part of the mine, to a place of safety.

(2)The system must provide for the following—

(a)the designation of places of safety where persons may assemble in an emergency;

(b)the trigger points for evacuating the mine or a part of the mine;

(c)periodic exercises to demonstrate the effectiveness of the emergency evacuation system to respond to potential emergencies at the mine.

(3)The site senior executive for the mine must consult with workers at the mine in developing the part of the safety and health management system that provides for the trigger points mentioned in subsection (2)(b) (the trigger point provisions).

(4)In establishing the trigger points, the site senior executive must comply with section 10, other than section 10(1)(a), as if—

(a)a reference in the section to a standard operating procedure were a reference to the trigger point provisions; and

(b)a reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.

(5)In this section—

trigger point means an indicator that the level of risk for a particular hazard is unacceptable.

172Emergency response strategies

(1)The site senior executive for an underground mine must ensure the mine has emergency response strategies for mines rescue services.

(2)The strategies must provide for external assistance under—

(a)a mutual assistance scheme between the mine and another mine; or

(b)a mines rescue agreement.

(3)The strategies must be capable of implementation whenever a person is below ground at the mine.

173Mines rescue team

(1)The site senior executive for an underground mine must ensure—

(a)the mine has at least the required number of persons certified by an accredited corporation as competent in using self-contained breathing apparatus and emergency rescue procedures; and

(b)the persons are—

(i)coal mine workers at the mine; or

(ii)other persons whose availability to assist in mines rescue at the mine is secured by an arrangement agreed to in writing by an inspector.

(2)In this section—

required number, of persons for an underground mine, means the number that is the greater of the following—

(a)5;

(b)5% of the mine’s coal mine workers.

174Mines rescue agreement

A mines rescue agreement for an underground mine must state the following—

(a)the minimum mines rescue training to be provided under the agreement;

(b)the procedure for coal mine operators to help each other in an emergency;

(c)how inertisation equipment controlled by the accredited corporation is to be used at the mine;

(d)the operational procedures developed by the accredited corporation to be followed by the corporation in carrying out the mines rescue services at the mine.

175Inertisation capability

An accredited corporation must have—

(a)an operational inertisation capability, including persons trained in operating inertisation equipment, for any underground mine with which the corporation has a mines rescue agreement; and

(b)sufficient resources for training persons in operating the equipment.

176Telephonic communication

(1)The site senior executive for an underground mine must ensure the mine’s telephonic communication system complies with this section and has an adequate failsafe, or backup, power supply for the system.

(2)The system’s electrical components installed underground must be suitable for use in an ERZ0, unless the components are installed in a drift or shaft being driven from the surface in material other than coal.

(3)The system must provide for effective telephonic communication to and from the following places at the mine—

(a)each entrance underground, and on the surface, through which a person may enter into a shaft or other excavation used for ingress to or egress from the mine workings;

(b)each underground battery charging station;

(c)each underground workshop;

(d)each underground crib room;

(e)a place close to each switchgear used to isolate or control sections of the underground main electricity distribution system;

(f)a place close to each underground conveyor belt drivehead;

(g)a place close to each underground loading or transfer point on the conveyor belt system;

(h)each emergency refuge chamber;

(i)a place in each inspection district in the mine not otherwise mentioned in paragraphs (a) to (h).

177Coal mine workers must be competent in operating telephonic communication system

The underground mine manager for an underground mine must ensure each coal mine worker at the mine is competent in operating the mine’s telephonic communication system.

178Communication by notices and plans

(1)The underground mine manager for an underground mine must ensure the mine has noticeboards for displaying safety and health notices and plans—

(a)at the surface of the mine where coal mine workers assemble before going underground; and

(b)in each underground crib room.

(2)The underground mine manager must ensure the safety and health notices mentioned in subsection (3) are displayed at—

(a)each place mentioned in subsection (1); and

(b)each place containing fixed electrical equipment other than the following—

(i)cables;

(ii)switchgear associated with portable equipment;

(iii)isolated remote control switches;

(iv)lighting;

(v)communications and signalling equipment.

(3)For subsection (2), the safety and health notices are notices about the following—

(a)directions for resuscitating persons suffering from electric shock;

(b)directions for the procedure in case of fire;

(c)a direction prohibiting a person from handling, operating or interfering with electrical equipment at the place unless the person—

(i)is authorised to take the action; or

(ii)is taking action to cut off the electricity supply in an emergency.

179Safety and health management system

An underground mine’s safety and health management system must provide for the following—

(a)the safe and secure location of the mine’s electrical equipment and installations;

(b)the design and operation of liquid-filled electrical equipment.

180Application of division

This division does not apply to electrical equipment and installations that are being used at an underground mine in a life-threatening emergency.

181ERZ0

(1)The site senior executive for an underground mine must ensure electrical equipment installed or operated in an ERZ0 at the mine—

(a)is suitable for use in an underground mine; and

(b)is certified as having explosion protection category Ex ia, Ex s or Ex l.

(2)Subsection (1)(b) does not apply to electrical cables that are part of an Ex ia, Ex s or Ex 1 circuit.

(3)Also, subsection (1)(b) does not apply in relation to electrical equipment operated in a mine, or part of a mine, that is an ERZ0 if—

(a)the mine, or part of the mine, has been sealed and does not have an explosive atmosphere; and

(b)the equipment is operated for the purpose of assessing the risk of—

(i)persons re-entering the mine or part of the mine; or

(ii)ventilating the mine or part of the mine; and

(c)a risk assessment is carried out before the equipment is operated in the mine, or part of the mine, to—

(i)identify the oxygen nose point for the atmosphere in the mine or part of the mine; and

(ii)identify hazards involved in operating the equipment in the mine or part of the mine; and

(iii)identify ways of effectively controlling the hazards; and

(d)the atmosphere around the equipment is continuously monitored using a gas monitoring device to detect the general body concentration of oxygen and methane; and

(e)both of the following actions are taken if the general body concentration of oxygen around the equipment exceeds 60% of the oxygen nose point identified in the risk assessment—

(i)the electrical supply to the equipment is immediately switched off;

(ii)the equipment is immediately withdrawn to a safe location; and

(f)any hazards identified in the risk assessment can be effectively controlled; and

(g)any ways identified in the risk assessment of effectively controlling the hazards are implemented.

(4)The gas monitoring device mentioned in subsection (3)(d) must automatically activate an audible or visible alarm when the general body concentration of oxygen exceeds 60% of the oxygen nose point identified in the risk assessment.

s 181 amd 2019 SL No. 232 s 3

182ERZ1

(1)The site senior executive for an underground mine must ensure fixed, mobile and transportable electrical equipment installed or operated in an ERZ1 at the mine—

(a)is suitable for use in an underground mine; and

(b)is certified as having explosion protection.

(2)Subsection (1) does not apply to electrical equipment associated with hot work or live testing.

(3)Subsection (1)(b) does not apply to a power transformer, traction battery or electrical cable.

183NERZ

(1)The site senior executive for an underground mine must ensure fixed, mobile and transportable electrical equipment installed or operated in a NERZ at the mine—

(a)is suitable for use in an underground mine; and

(b)either—

(i)is certified as having explosion protection; or

(ii)has a degree of protection of, or equivalent to, at least IP55 under AS 60529—2004.

(2)Subsection (1) does not apply to electrical equipment—

(a)associated with hot work or live testing; or

(b)installed in a pressurised room.

(2A)Subsection (1)(b) does not apply to electrical cables.

(3)In this section—

pressurised means pressurised within the meaning of AS 2380.4—1994 ‘Electrical equipment for explosive atmospheres—Explosion protection techniques—Pressurized rooms or pressurized enclosures’.

184Enclosures for switchgear

The site senior executive for an underground mine must ensure each enclosure containing switchgear at the mine—

(a)is suitably rated for the prospective electrical fault level at the switchgear; and

(b)has adequate arc fault control.

185Record of suitability of electrical equipment and installations

(1)The electrical engineering manager for an underground mine must ensure documentation showing the use for which the mine’s electrical equipment and installations is suitable is kept at the mine.

(2)For electrical equipment mentioned in section 181, 182 or 183, the documentation must include the certification mentioned in the section.

186Live testing in an ERZ

(1)A person must not live test electrical equipment or installations, including intrinsically safe electrical equipment and installations, in an ERZ0 at an underground mine.

(2)An underground mine’s safety and health management system must provide for—

(a)live testing electrical equipment and installations in an ERZ1; and

(b)limiting the live testing to extra low voltage and low voltage; and

(c)notice of the live testing, other than testing of intrinsically safe electrical equipment and installations, to be given to an inspector within 7 days after the live testing is carried out.

187Live testing in a NERZ

(1)An underground mine must have a standard operating procedure for live testing electrical equipment and installations in a NERZ.

(2)The procedure must provide for the following—

(a)limiting live testing to extra low voltage and low voltage electrical equipment and installations;

(b)isolating areas where equipment is being live tested;

(c)the type of test instruments to be used;

(d)using high voltage test equipment and discharging stored energy after testing;

(e)using personal protective equipment;

(f)dealing with high prospective fault currents.

188Selecting, installing and using electrical cables and accessories

An underground mine’s safety and health management system must provide for selecting, installing and using electrical cables and electrical cable accessories for use at the mine.

189Repairing and testing reeling, trailing and feeder cables

(1)An underground mine’s safety and health management system must provide for repairing and testing reeling, trailing and feeder cables.

(2)A person must not use a reeling, trailing or feeder cable at an underground mine if the cable—

(a)has been found to be defective; and

(b)has not been effectively repaired and tested under the system.

(3)Subsection (2) does not apply if—

(a)only the outer sheath of the cable is damaged; and

(b)before the cable is used, the sheath is repaired in a way that satisfies a competent person that the cable can be used without creating an unacceptable level of risk.

(4)In this section—

competent person means a person who is competent in assessing the level of risk from a damaged cable.

190Circuit separation

The electrical engineering manager for an underground mine must ensure each electrical circuit supplying the mine’s underground electrical distribution system, ventilation system or winding or haulage system is designed so an electrical fault on 1 circuit will not affect another circuit.

191Earth fault current limitation

(1)The electrical engineering manager for an underground mine must ensure each electrical circuit at the mine has an earth fault current limitation of not more than—

(a)for a circuit supplying equipment and cables in an ERZ1 at the mine—5A; or

(b)for a high voltage circuit not mentioned in paragraph (a)—10A; or

(c)for a low voltage circuit not mentioned in paragraph (a)—5A.

(2)Subsection (1) does not apply to the following—

(a)an intrinsically safe circuit;

(b)a circuit operating at not more than 55V to earth and fully contained in a NERZ or an explosion-protected enclosure;

(c)a circuit isolated from earth.

(3)The electrical engineering manager must ensure—

(a)the neutral point of a transformer secondary winding for an impedance earthed electrical system at the mine is distributed to only the neutral earthing impedance; and

(b)each part of an impedance earthed, or insulated neutral, electrical system at the mine has a phase-to-earth insulation level equivalent to the phase-to-phase insulation level for the electrical system.

192Earth leakage protection

(1)The electrical engineering manager for an underground mine must ensure each electrical circuit at the mine operating above 55V to earth has earth leakage protection with a rated tripping current of not more than—

(a)for a circuit supplying equipment and cables in an ERZ1—500mA; or

(b)for a high voltage circuit not mentioned in paragraph (a)—1A; or

(c)for a low voltage circuit not mentioned in paragraph (a)—500mA.

(2)The electrical engineering manager must ensure the operating time ensures the device cuts off the electricity supply to equipment and cables in an ERZ1, or causes the supply to be cut off, as soon as practicable after the device detects an electrical fault in the circuit.

(3)The electrical engineering manager must ensure each circuit supplying portable electrically operated handheld plant—

(a)operates at not more than 250V; and

(b)has earth leakage current protection of not more than 30mA sensitivity.

(4)The site senior executive for the mine must ensure—

(a)each circuit supplying a reeling, trailing or feeder cable has—

(i)earth continuity protection; and

(ii)a lockout earth fault current protection device; and

(b)if the device is for equipment used in an ERZ1—the device is intrinsically safe.

(5)Subsection (1) does not apply to the following—

(a)an intrinsically safe circuit;

(b)a circuit operating at not more than 55V to earth and fully contained in a NERZ or an explosion-protected enclosure;

(c)a circuit isolated from earth.

(6)In this section—

rated tripping current means the electrical current at which the circuit breaker is set to trip.

193Testing earth leakage protection and earth continuity protection

The electrical engineering manager for an underground mine must ensure electrical equipment at the mine having an earth leakage protection device, or an earth continuity protection device, has an easily accessible external test button on the equipment for effectively testing the device.

194Limitation on earthing conductor’s current

(1)The electrical engineering manager for an underground mine must ensure an earthing conductor at the mine is not used to carry an electrical circuit’s normal current.

(2)Subsection (1) does not apply if the conductor is used for earth continuity protection and as a lockout earth fault current protection device.

195Earthing electrodes

(1)The electrical engineering manager for an underground mine must ensure earthing electrodes installed for the underground electrical distribution system’s connection to earth are located at the surface of the mine.

(2)If the mine has more than 1 electrical distribution system, the mine’s safety and health management system must provide for the prospective touch voltage at the mine to be limited to a level necessary to achieve an acceptable level of risk.

(3)The electrical engineering manager must ensure the ohmic resistance of an earthing electrode assembly for the underground electrical distribution system is kept as low as practicable and does not exceed 1 ohm.

196Battery charging stations

An underground mine’s safety and health management system must provide for constructing, installing, operating and maintaining the mine’s battery charging stations.

197Battery-powered vehicles

(1)An underground mine’s safety and health management system must provide for selecting, constructing, installing and maintaining battery-powered vehicles used at the mine.

(2)The site senior executive for the mine must ensure a non-explosion-protected battery-powered vehicle is used—

(a)only in a NERZ; and

(b)only if the vehicle’s access into an ERZ0 or ERZ1 is prevented by a system that is either fail safe or includes multiple redundancy devices.

198Traction battery powered vehicles

The site senior executive for an underground mine must ensure—

(a)a vehicle powered by a traction battery and used at the mine is fitted with a detector for, and protection from, battery earth leakage current; and

(b)the traction battery is adequately ventilated to prevent accumulations of explosive mixtures of hydrogen and air forming in the battery’s immediate vicinity.

199Trolley wire traction systems

The underground mine manager for an underground mine must ensure a trolley wire traction system is only operated in a NERZ at the mine.

200Switching and isolating electricity supply

(1)The underground mine manager for an underground mine must ensure the mine has, at each place where persons enter underground from the surface—

(a)a suitable communication method for advising a person to switch off the electricity supply to underground electrical equipment and cables; or

(b)a way to switch off the electricity supply.

(2)The electrical engineering manager must ensure a notice giving instructions for subsection (1)(a) and (b) is placed on the noticeboard—

(a)at the surface of the mine where coal mine workers assemble before going underground; and

(b)in each underground crib room.

201Using fibre optics

An underground mine’s safety and health management system must provide for the safe use of fibre optic equipment at the mine.

202Using portable electrical equipment

(1)An underground mine’s safety and health management system must provide for using certified and uncertified portable electrical equipment, other than portable gas detectors, in an ERZ1.

(2)The mine must have a standard operating procedure for using certified and uncertified portable electrical equipment, other than portable gas detectors, in a NERZ.

203Risk assessment

Before explosives are first used at the mine, the site senior executive must ensure a risk assessment is carried out to identify—

(a)the hazards involved in transporting, storing and using explosives; and

(b)the ways of effectively controlling the hazards.

204Authorised explosives

The site senior executive for an underground mine must ensure explosives used at the mine are authorised by the chief inspector for the Explosives Act 1999 as suitable for use in an underground mine.

205Transporting and storing explosives underground

(1)The underground mine manager must ensure explosives are not transported, or stored, underground unless the explosives are enclosed in a container complying with this section.

(2)The container must be—

(a)conspicuously labelled with the word ‘EXPLOSIVES’ printed in red on a white background; and

(b)designed and constructed—

(i)to minimise damage from impact; and

(ii)to prevent the following—

(A)friction sparks;

(B)the build-up and retention of static electricity;

(C)the explosives spilling; and

(c)for containers for detonators or detonator sensitive explosives—lined with timber or other shock absorbing material; and

(d)locked; and

(e)used only for transporting or storing explosives underground.

(3)The container must not contain more than 1 type of explosive.

(4)However, subsection (3) does not apply to a container—

(a)in which prepared primers are transported during the construction of a shaft or drift driven from the surface; and

(b)used by a person who is competent in handling explosives for carrying the explosives to the place where the explosives will be charged and fired.

206Temporarily storing explosives underground

(1)The underground mine manager for an underground mine must ensure explosives in a quantity appropriate for a particular job at the mine are stored in an underground explosive storage under this section only while the job is in progress.

(2)The underground explosive storage must—

(a)be—

(i)in a NERZ; and

(ii)in a location that minimises the risk of the explosives suffering an impact or being buried or burnt; and

(iii)free of rubbish, particularly rubbish of a flammable nature; and

(iv)clearly marked by a flashing red light, or other warning device, as an underground explosive storage; and

(b)have fire fighting facilities situated on the intake air side close to the storage.

(3)Material other than explosives and explosive containers must not be stored in the storage.

(4)A container of detonators must be stored separately, by at least 10m, from a container of other explosive in the storage.

(5)The underground mine manager must keep a record of the number and location of underground explosive storages at the mine.

(6)The underground mine manager must ensure that when the job is finished, or if the job is delayed for more than 48 hours, all unused explosives for the job are returned immediately and stored in surface magazines.

207Reconciling issue and use of explosives

An underground mine’s safety and health management system must provide for the following—

(a)routinely reconciling explosives issued from surface magazines with explosives used or stored underground;

(b)immediately reporting any discrepancies to the underground mine manager, police, and an inspector for the district in which the mine is located.

208Vehicles used to transport explosives

The site senior executive for an underground mine must ensure a vehicle used to transport explosives at the mine has appropriate facilities for the following—

(a)securing explosive containers to the vehicle;

(b)protecting the explosive containers against impact.

209Issuing, and dealing with, explosives

(1)A person must not issue explosives to a person at an underground mine unless the person to whom the explosives are issued—

(a)has the underground mine manager’s authority to be issued with the explosives; and

(b)either—

(i)has the recognised competencies of an underground shotfirer; or

(ii)is working under the direction of an underground shotfirer and—

(A)has the recognised competencies of an assistant underground shotfirer; or

(B)is undergoing training as an underground shotfirer or assistant underground shotfirer.

(2)A person must not deal with explosives at an underground mine unless the person—

(a)has the underground mine manager’s authority to be issued with the explosives; and

(b)either—

(i)has the recognised competencies of an underground shotfirer; or

(ii)is working under the direction of an underground shotfirer and—

(A)has the recognised competencies of an assistant underground shotfirer; or

(B)is undergoing training as an underground shotfirer or assistant underground shotfirer.

(3)An assistant underground shotfirer must not connect or fire explosive charges.

(4)In this section—

deal, with an explosive, means handle, prepare, charge or fire the explosive.

210Supervising and controlling shotfiring

The underground mine manager for an underground mine must ensure coal mining operations where shotfiring activities are taking place are directly supervised and controlled by a person holding—

(a)a first class certificate of competency; or

(b)a second class certificate of competency; or

(c)a deputy’s certificate of competency.

211Supervising person undertaking shotfiring training

An underground shotfirer must not, at any 1 time, supervise the activities of more than 1 person who is undertaking shotfiring training at an underground mine.

212Equipment for initiating explosions

The underground mine manager for an underground mine must ensure—

(a)only certified equipment is used to initiate an explosion at the mine; and

(b)the equipment is kept under the control of an underground shotfirer.

213Where explosives for shotfiring may be used

(1)The person directly supervising and controlling a shotfiring activity at an underground mine must ensure the place where the explosives are prepared, charged or fired has the following features—

(a)a general body concentration of methane of less than 0.5%;

(b)a ventilation current capable of quickly diluting and removing any atmospheric contaminants released by the shot;

(c)its exposed surfaces within a radius of 20m from the location of the shot are—

(i)thoroughly saturated with water; or

(ii)treated with stonedust so the deposited dust mixture comprises an incombustible coal dust concentration of at least 85%.

(2)Subsection (1)(c) does not apply to an excavation—

(a)in stone and in which—

(i)the full length of the shothole is in stone; and

(ii)no coal is exposed, or coal dust deposited, within a 20m radius of the shot location; or

(b)more than 5m from the nearest known coal seam.

214Action to be taken if a shot misfires

If a shot misfires at an underground mine, the shotfirer must take the following action—

(a)barricade each entrance to the place where the shot was fired;

(b)immediately report the misfire to any person about to work at the location of the misfire;

(c)if possible, remedy the misfired shot;

(d)prevent any work, other than work required to remedy the misfired shot, from being carried out in the vicinity of the shot;

(e)at the end of the shift in which the misfire happened—

(i)prepare a written record of the location and details of the misfired shot and the action taken to remedy the shot; and

(ii)ensure a copy of the record is given to—

(A)the person in charge of the shift in which the misfire happened; and

(B)at the start of the next shift—the person in charge of that shift.

215Isolating electrical circuits

(1)This section applies to electrical equipment and circuits—

(a)other than electrical equipment and circuits used for handling, preparing, charging and firing an explosive; and

(b)located—

(i)at a place in an underground mine where an explosive for shotfiring is handled, prepared, charged or fired; or

(ii)in the immediate proximity of an electric cable used to fire a charge.

(2)The shotfirer must ensure the equipment and circuits are effectively isolated while the explosive is being handled, prepared, charged or fired.

216Isolating radio transmission devices

(1)This section applies to an underground mine where explosives are fired by an electric detonator.

(2)The shotfirer must ensure each radio transmitting device installed at the mine is turned off while the explosives are being handled, prepared, charged and fired.

(3)Subsection (2) does not apply if the type, location, radio frequency and power output of the transmitting device will not cause the electric detonator to fire.

217Limiting duration of the shot sequence

(1)This section applies if delay detonators are being used to fire a shot in an ERZ1.

(2)The shotfirer must ensure the time from firing the first detonator to firing the last detonator does not exceed 250ms.

218Issuing explosive-powered tools

A person must not issue an explosive-powered tool, or a cartridge for an explosive-powered tool, to a person at an underground mine unless the person to whom the tool or cartridge is issued—

(a)has the underground mine manager’s authority to be issued with the tool or cartridge; and

(b)is working under the direct supervision of—

(i)an ERZ controller for the mine; or

(ii)a person who holds a higher certificate of competency.

219Charging or firing explosive-powered tools

A person must not charge or fire an explosive-powered tool at an underground mine unless the person—

(a)has the underground mine manager’s authority to be issued with the explosives; and

(b)is working under the direct supervision of—

(i)an ERZ controller for the mine; or

(ii)a person who holds a higher certificate of competency.

220Where explosive-powered tools may be used

The person directly supervising and controlling the use of an explosive-powered tool at an underground mine must ensure the place where the tool is used has the following features—

(a)a general body concentration of methane of less than 0.5%;

(b)its exposed surfaces within a radius of 20m from where the tool was fired are—

(i)thoroughly saturated with water; or

(ii)treated with stonedust so the deposited dust mixture comprises an incombustible coal dust concentration of at least 85%.

221Standard operating procedures

(1)An underground mine must have a standard operating procedure for using explosives and explosive-powered tools based on the risk assessment carried out under section 203.

(2)The procedure must provide for the following—

(a)transporting explosives underground;

(b)storing explosives underground;

(c)selecting, handling, preparing, charging and firing explosives;

(d)using explosive-powered tools;

(e)inspecting for flammable gas and combustible dust before a shot or explosive-powered tool is fired;

(f)inspecting for flammable gas, airborne contaminants, blast damage and misfires after a shot is fired;

(g)establishing the location of—

(i)other workplaces likely to be affected by the shotfiring; and

(ii)persons likely to be affected by a shot or explosive-powered tool;

(h)warning persons mentioned in paragraph (g)(ii) and, if necessary, evacuating them or preventing them from entering a dangerous place;

(i)preventing persons being affected by fumes from used explosives;

(j)protecting strata supports, ventilation control devices, equipment and other structures from blast damage;

(k)dealing with misfired explosives or things likely to contain a misfired explosive;

(l)testing equipment used for shotfiring;

(m)conditions under which, and locations where, only explosives declared under the Explosives Act 1999, section 8 to be authorised explosives may be used for shotfiring purposes;

(n)recording blasting details;

(o)disposing of explosives safely.

221AApplication of division

This division does not apply to a drift or shaft being driven from the surface in material other than coal.

222Gas monitoring system

(1)An underground mine’s safety and health management system must provide for a gas monitoring system complying with this section.

(2)The gas monitoring system must provide for the following—

(a)continuous monitoring of the mine atmosphere at the return airway of each ventilation split, to detect methane, carbon monoxide, carbon dioxide and oxygen;

(b)automatically detecting or calculating the values and trends of the following—

(i)gas concentrations;

(ii)the ratio of carbon monoxide and oxygen deficiency (commonly known as Graham’s ratio);

(iii)the ratio of carbon monoxide and carbon dioxide;

(iv)gas explosibility;

(c)automatically activating an alarm if a gas alarm level is exceeded;

(d)recording the values and trends mentioned in paragraph (b) and displaying the record—

(i)at the surface of the mine where the record can be easily accessed by coal mine workers; and

(ii)in a way that the record can be easily read by the workers;

(e)keeping the information on which the values and trends mentioned in paragraph (d) were based at the mine in a way that enables the information to be easily accessed and inspected.

(3)The gas monitoring system must also provide for—

(a)an alternative electricity supply to ensure the system continues to function if the normal electricity supply fails; and

(b)electrical equipment installed and operated underground for the system to have the following explosion protection category—

(i)for equipment other than a gas detector head—Ex ia;

(ii)for a gas detector head—Ex ia or Ex s.

223Monitoring and sampling mine atmosphere

(1)An underground mine’s safety and health management system must provide for continuous monitoring of the mine atmosphere, using the mine’s gas monitoring system, at the return airway of each ventilation split.

(1A)The safety and health management system must also provide for sampling of the mine atmosphere, using the mine’s gas monitoring system, at each of the following places—

(a)the return airway from each goaf area and each set of workings;

(b)the return of each airway at the upcast shaft;

(c)other places stated in the mine’s principal hazard management plan for gas monitoring as places where gas monitoring must be carried out.

(1B)The safety and health management system must also provide for—

(a)continuous monitoring, using the mine’s gas monitoring system, to detect products of combustion in the mine atmosphere at the return side of each conveyor belt; and

(b)when the products are detected, the automatic activation of an alarm located on the surface in a position that is generally under observation to warn persons of the products’ presence.

(2)The safety and health management system must also provide for a regularly updated plan to be kept at the mine showing the location of—

(a)the sampling point for each of the places mentioned in subsections (1), (1A) and (1B); and

(b)each of the mine’s ventilation control devices designated under section 351(1).

(3)A person must not relocate equipment used for sampling without the mine’s ventilation officer’s authorisation.

s 223 amd 2020 SL No. 118 s 5

224Gas alarm levels

(1)An underground mine’s principal hazard management plan for gas monitoring must state the values and ratios for gas, mentioned in section 222(2)(b), that are gas alarm levels.

(2)The mine must have a standard operating procedure for changing the gas alarm levels, including recording the following details—

(a)the nature of, and reason for, the change;

(b)the date the change was made;

(c)the name of the person who made the change.

225Changing gas alarm level settings

A person must not change a gas alarm level setting for an underground mine without the mine’s ventilation officer’s authorisation.

226Acknowledging alarms

(1)An underground mine must have a standard operating procedure for acknowledging alarms that are activated when gas alarm levels are exceeded.

(2)The procedure must provide for at least 1 person to be—

(a)on the surface when a person is underground; and

(b)authorised by the underground mine manager for the mine to acknowledge the alarms.

226AGas monitoring

A drift being driven from the surface in material other than coal must contain equipment that—

(a)continuously monitors the atmosphere in the drift to detect products of combustion; and

(b)when the products are detected, automatically activates an alarm that is located in a position to warn persons in the drift.

227Portable gas detectors

The site senior executive for an underground mine must ensure—

(a)the mine has a sufficient number of portable gas detectors capable of detecting the presence of methane, carbon monoxide and oxygen in the mine atmosphere; and

(b)each portable gas detector used at the mine is certified as—

(i)suitable for use in an underground mine; and

(ii)having the following explosion protection category—

(A)for parts of the detector other than the gas detector head—Ex ia;

(B)for the gas detector head—Ex ia or Ex s; and

(iii)capable of detecting the type of gas for which the detector is intended to be used; and

(iv)being accurate and reliable.

228Providing portable gas detectors

(1)The underground mine manager for an underground mine must ensure each person appointed under section 60(8) or (9) of the Act for the mine is provided with a portable gas detector.

(2)The underground mine manager may provide a portable gas detector to a person, other than a person appointed under section 60(8) or (9) of the Act, only if the person is—

(a)appointed by the underground mine manager to use the detector; and

(b)competent in its use.

(3)A person provided with a portable gas detector for an underground mine must keep the detector in the person’s possession or under the person’s direct control while the detector is in use underground.

229Fixed methane detectors

(1)This section applies to a fixed methane detector at an underground mine that is—

(a)fitted to equipment; or

(b)a self-contained unit located at a particular place; or

(c)part of the gas monitoring system.

(2)The site senior executive for the mine must ensure that if the detector malfunctions or fails the detector will automatically—

(a)cause the equipment, or part of the equipment, the detector is monitoring to shut down; and

(b)give a visible alarm.

(3)Subsection (2)(a) does not apply if the equipment or part is fitted with more than 1 methane detector and 1 of the detectors remains operational.

230Plant to be protected by methane detectors

The site senior executive for an underground mine must ensure a plant item used at the mine and mentioned in this subdivision is protected by methane detectors under this subdivision.

231Auxiliary or booster fan

(1)An auxiliary or booster fan must be protected by at least 1 methane detector to detect the general body concentration of methane at the fan.

(2)For an auxiliary fan, the detector must be an automatic methane detector that trips the electricity supply to the fan when the concentration exceeds 2%.

(3)For a booster fan, the detector must, when the concentration exceeds 1.25%, automatically activate an audible and visible alarm located in a place that allows the necessary action to be taken promptly.

(4)If the detector protecting an auxiliary fan fails or is otherwise non-operational, the underground mine manager must ensure that, while the fan is operating, a person—

(a)continuously monitors the general body concentration of methane at the fan by using a portable methane detector that gives an audible and visible alarm when the concentration exceeds 1.25%; and

(b)disconnects the electricity supply to the fan when the concentration exceeds 1.25%.

(5)This section does not apply to an auxiliary or booster fan for a drift or shaft being driven from the surface in material other than coal.

232Main exhausting fan

(1)The ventilating air passing through a main exhausting fan must be monitored by at least 1 automatic methane detector to detect the air’s general body concentration of methane.

(2)The detector must automatically activate a visible alarm when the concentration exceeds the percentage stated in the mine’s principal hazard management plan for ventilation as the percentage that must not be exceeded before the detector activates the alarm.

233Coal cutter, continuous miner, tunnel boring and road heading machine

(1)A coal cutter, continuous miner, tunnel boring or road heading machine must be fitted with at least 1 automatic methane detector to detect the methane concentration near the cutters.

(2)If the machine is fitted with only 1 automatic methane detector, the detector must automatically—

(a)activate a visible alarm to warn the operator when the concentration exceeds 1%; and

(b)trip the electricity supply to the machine when the concentration exceeds 2%.

(3)If the machine is fitted with more than 1 automatic methane detector—

(a)a detector fitted to detect the methane concentration near the cutters must automatically—

(i)activate a visible alarm to warn the operator when the concentration exceeds 1%; and

(ii)trip the electricity supply to the cutters when the concentration exceeds 2%; and

(b)a detector fitted to detect the general body concentration of methane around the machine must automatically—

(i)activate a visible alarm to warn the operator when the concentration exceeds 1%; and

(ii)trip the electricity supply to the machine when the concentration exceeds 2%.

234Longwall shearer

(1)A longwall shearer must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the machine.

(2)The detector must automatically—

(a)activate a visible alarm to warn the operator when the concentration exceeds 1%; and

(b)trip the electricity supply to—

(i)the cutters when the concentration exceeds 1.25%; and

(ii)the machine when the concentration exceeds 2%.

234AArmoured face conveyor

(1)An armoured face conveyor must be fitted with at least 1 automatic methane detector on each electrically-powered tailgate drive motor to detect the general body concentration of methane at the tailgate drive motor.

(2)The detector must automatically—

(a)activate a visible alarm to warn the operator when the concentration exceeds 1%; and

(b)trip the electricity supply to the armoured face conveyor and the longwall shearer cutters when the concentration exceeds 2%.

Note—

See section 393.

s 234A ins 2019 SL No. 250 s 6

amd 2020 SL No. 118 s 6

235Mobile bolting machine

(1)A mobile bolting machine must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the machine.

(2)The detector must automatically—

(a)activate a visible alarm to warn the operator when the concentration exceeds 1%; and

(b)trip the electricity supply to the machine when the concentration exceeds 2%.

236Explosion-protected electrically-powered loader

(1)An explosion-protected electrically-powered loader must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the machine.

(2)The detector must automatically—

(a)activate a visible alarm to warn the operator when the concentration exceeds 1%; and

(b)trip the electricity supply to the loader when the concentration exceeds 2%.

237Explosion-protected load-haul dump vehicle powered by a battery or internal combustion engine

(1)This section applies to an explosion-protected load-haul dump vehicle powered by a battery or an internal combustion engine.

(2)The vehicle must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the vehicle.

(3)The detector must automatically—

(a)activate a visible alarm to warn the operator when the concentration exceeds 1%; and

(b)either—

(i)trip the electricity supply to the vehicle’s electrical motors when the concentration exceeds 2%; or

(ii)stop the vehicle’s internal combustion engine when the concentration exceeds 1.25%.

238Other explosion-protected plant powered by battery or internal combustion engine

(1)Battery, or internal combustion engine, powered explosion-protected plant, other than a load-haul dump vehicle, must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the plant.

(2)The detector must automatically—

(a)activate a visible alarm to warn the operator when the concentration exceeds 1%; and

(b)either—

(i)trip the electricity supply to the plant’s electrical motors when the concentration exceeds 2%; or

(ii)stop the plant’s internal combustion engine when the concentration exceeds 1.25%.

(3)This section does not apply to plant that is being operated—

(a)by a person using a portable methane detector that gives an audible and visible alarm when the concentration exceeds 1% and 1.25%; and

(b)in a location inspected periodically by a person using a portable methane detector.

(4)In this section—

periodically, for inspecting plant in a location in an ERZ1, means at least twice during a shift at approximately evenly spaced intervals.

239Other explosion-protected electrical plant

(1)This section applies to explosion-protected electrical plant supplied with electricity by a trailing cable, other than plant—

(a)mentioned in sections 233 to 238; or

(b)having explosion protection category Ex ia; or

(c)operated in a NERZ.

(2)The plant must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the plant.

(3)The detector must automatically trip the electricity supply to the plant when the concentration exceeds 2%.

(4)This section does not apply to plant that is being operated in a location inspected periodically by a person using a portable methane detector.

(5)In this section—

periodically, for inspecting plant in a location in an ERZ1, means at least twice during a shift at approximately evenly spaced intervals.