Mining and Quarrying Safety and Health Regulation 2017

1Short title

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

2Commencement

This regulation commences on 1 September 2017.

3Definitions

The dictionary in schedule 7 defines particular words used in this regulation.

4Ways of achieving an acceptable level of risk

(1)This chapter, other than sections 60B(1), 60C(2), 87(5), 120(1) and (2), 131(6) and 145D(4), prescribes ways of achieving an acceptable level of risk at a mine in the circumstances mentioned in the chapter.

(2)However, this chapter does not deal with all circumstances that expose someone to risk at a 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 31 of the Act for the penalty for failing to discharge the obligation.

s 4 amd 2020 SL No. 108 s 9

5Risk management practices and procedures

The site senior executive for a mine must ensure the mine’s risk management practices and procedures are—

(a)established in consultation with the mine workers; and

(b)compatible with, and coordinated throughout the mine for, all operations at the mine.

s 5 amd 2019 SL No. 140 s 21 sch 1

6Hazard identification

(1)A person who has an obligation under the Act to manage risk at a mine must identify hazards in the person’s own work and activities at the mine.

(2)The operator must ensure hazard identification for the mine’s operations is done during the operations’ planning and design.

(3)The site senior executive for a mine must ensure hazard identification for the mine’s operations is done—

(a)when the operations start; and

(b)during the operations; and

(c)when the operations change in size, nature, complexity or another way; and

(d)for a hazard caused by a hazardous chemical or dangerous good—periodically at intervals not longer than 5 years.

(4)For hazards caused by hazardous chemicals or dangerous goods, the site senior executive for a mine must ensure the identification includes the following—

(a)hazardous chemicals or dangerous goods being processed or used for processing;

(b)hazardous chemicals or dangerous goods that are a product, by-product or waste product of operations;

(c)hazardous chemicals or dangerous goods occurring in—

(i)the natural environment; or

(ii)plant or facilities; or

(iii)energy sources.

s 6 amd 2019 SL No. 140 s 21 sch 1

7Risk analysis

(1)A person who has an obligation under the Act to manage risk at a mine must analyse risk in the person’s own work and activities to decide whether the risk is at an acceptable level.

(2)The person must have regard to the following in analysing the risk—

(a)the results of hazard identification, risk monitoring and incident investigations carried out for the mine;

(b)the work environment and work methods for the mine’s operations;

(c)the interaction of hazards present at the mine;

(d)the effectiveness and reliability of hazard controls in use at the mine;

(e)other reasonably available relevant information and data from, and practices in, other industries and mining operations.

8Risk reduction

(1)A person who has an obligation under the Act to manage risk at a mine must, as far as reasonably practicable, apply hazard controls in the following order—

(a)elimination of the hazard;

(b)substitution with a lesser hazard;

(c)separation of persons from the hazard;

(d)engineering controls;

Examples—

1using fans and ducting to remove dust

2using guards on conveyors

(e)administrative controls;

Examples—

1a restriction on the time a worker is exposed to a hazard

2a procedure or standard work instruction

(f)personal protective equipment.

(2)The site senior executive for a mine must ensure hazard controls used to reduce risk in the mine’s work and local environments are appropriate having regard to the following—

(a)the interaction of hazards present in the environments;

(b)the effectiveness and reliability of the controls;

(c)other reasonably available relevant information and data from, and practices in, other industries and mining operations.

s 8 amd 2019 SL No. 140 s 21 sch 1

9Risk monitoring

(1)A person who has an obligation under the Act to manage risk at a mine must monitor risk in the person’s own work and activities at the mine.

(2)The site senior executive for a mine must ensure risk in the mine’s work and local environments caused by the mine’s operations is monitored—

(a)when the operations start; and

(b)at appropriate intervals or stages during operations at the mine; and

(c)when the mine’s risk management practices or procedures change significantly.

(3)Monitoring must include the following things—

(a)the occurrence of incidents, injuries and ill health;

(b)the level of hazards present in the mine’s work environment;

(c)for monitoring under subsection (2)—the level of hazards from the mine’s operations present in the mine’s local environment.

(4)If it is appropriate, having regard to the nature and level of a hazard present in the work environment, the monitoring must include 1 or more of the following things—

(a)personal monitoring to decide a worker’s level of exposure to the hazard;

Example—

monitoring a worker using a dosimeter or other instrument to measure the worker’s level of exposure to noise

(b)self-monitoring to detect effects of the hazard;

Example—

self-recognition of physical symptoms of heat stress or fatigue

(c)biological monitoring to decide a worker’s level of exposure to the hazard;

Example—

testing a blood sample for lead

(d)health surveillance or a respiratory health examination under section 145B or 145C.

s 9 amd 2019 SL No. 140 s 21 sch 1; 2020 SL No. 108 s 10

10Risk management record

(1)This section applies to a risk management process carried out at a mine—

(a)because the process is essential for managing risk from a hazard that is present, or is likely to be present in proposed operations, at the mine; or

Example—

a risk management process carried out under section 32

(b)under—

(i)a guideline; or

(ii)a directive given by an inspector or inspection officer under part 9 of the Act.

(2)The site senior executive for the mine must ensure a record of the process is made containing the following details—

(a)the names of the persons involved in the risk assessment and their respective positions in the mine’s management structure;

(b)a description of the hazard to which the process relates;

(c)the method used for assessing the likelihood and consequences of the risk;

(d)the controls proposed to reduce the risk.

(3)The site senior executive for the mine must ensure the record is kept at the mine until the hazard to which the process relates is no longer present at the mine.

s 10 amd 2019 SL No. 140 s 21 sch 1

11Risk monitoring record

(1)The site senior executive for a mine must ensure a record of monitoring carried out under section 9(2) is made and kept for the following period—

(a)for a hazard with a cumulative or delayed effect—30 years;

Example—

silica, noise or vibration

(b)for another hazard—7 years.

(2)If the mine ceases operations in the period the record is required to be kept under subsection (1), the site senior executive must ask for, and comply with, the CEO’s directions about the record’s storage.

s 11 amd 2019 SL No. 140 s 21 sch 1; 2020 SL No. 69 s 24 sch 1

11ADefinitions for part

In this part—

reporting period, for a mine, means—

(a)if the responsible person for the mine chooses under section 11DA(2) to give a safety and health census for the mine for a financial year—the financial year; or

(b)otherwise—each quarter.

s 11A def reporting period ins 2019 SL No. 221 s 21

responsible person, for a mine, means the responsible person for the mine within the meaning of section 11B.

safety and health census see section 11D(1).

safety and health fee see section 11C(1).

11BMeaning of responsible person

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

(a)for a mine operated under a mining tenure, other than a mining tenure that is a prospecting permit or mining claim—

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

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

(b)for a quarry—the operator for the mine; or

(c)for a place that is a mine under section 9(1)(c) of the Act—the person in control of the 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 11D, the responsible person for the 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 61(1)(c), 133(c), 183(1)(c) and 245(1)(c).

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

s 11B amd 2021 SL No. 75 s 15

11CPayment of safety and health fee

(1)The responsible person for a 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 operations.

(2)The amount of the safety and health fee for a reporting period for a mine is stated in schedule 6, part 2.

(3)The amount of the safety and health fee for a reporting period for a mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the mine under section 11D for the reporting period.

(4)Subsection (5) applies if the responsible person for the mine gives the CEO a safety and health census under section 11D for a reporting period for the mine.

(5)The CEO must give the responsible person for the mine an invoice for the amount of the safety and health fee for the reporting period for the mine—

(a)if the reporting period is a financial year—before 30 August of the year; or

(b)if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or

(c)if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or

(d)if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or

(e)if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.

(6)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 mine the invoice.

(7)The responsible person for the 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.

(8)Subsection (5) 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 11E.

(b)no safety and health fee for the reporting period for the mine is payable under schedule 6, part 2.

(9)Subsection (10) applies if—

(a)the responsible person for a mine gives the CEO a safety and health census for a reporting period for the mine after the end of the period within which the census was required to be given under section 11D; and

(b)the CEO has not given the responsible person for the mine a notice mentioned in section 11E(2) relating to the census.

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

(11)The CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.

s 11C sub 2019 SL No. 221 s 22

amd 2020 SL No. 69 ss 18, 24 sch 1; 2021 SL No. 75 s 16

11DSafety and health census to be given at the end of each reporting period

(1)The responsible person for a mine must give the CEO, within 20 days after the end of each reporting period, a notice (a safety and health census) stating the number of workers working at the 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 11D amd 2019 SL No. 221 s 23; 2020 SL No. 69 s 24 sch 1

11DA Reporting period for mine with 5 or fewer workers

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

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

(3)The responsible person for the 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 mine for an earlier quarter of the financial year.

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

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

(b)has already paid a safety and health fee for the 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 mine using the safety and health census for the financial year.

(6)The CEO may, by written notice to the responsible person for the mine, require the person to give a safety and health census for the 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 mine.

s 11DA ins 2019 SL No. 221 s 24

amd 2020 SL No. 69 s 24 sch 1

11DB Effect of notice or increase in worker numbers

(1)This section applies if—

(a)the responsible person for a mine has chosen to give a safety and health census for the mine for a financial year under section 11DA(2); and

(b)during the financial year—

(i)the CEO gives the responsible person a notice under section 11DA(6) requiring a safety and health census for the mine for each quarter of the financial year; or

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

(2)Despite section 11A, definition reporting period, the reporting period for the mine is each quarter of the financial year.

(3)The responsible person must give the CEO a safety and health census for the 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 11D applies in relation to a safety and health census mentioned in subsection (3)—

(a)as if the reference in section 11D(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 11F applies in relation to a safety and health census mentioned in subsection (3)—

(a)as if the reference in section 11F(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 11DA(7).

(7)If subsection (1)(b)(ii) applies, the responsible person for the mine may not choose under section 11DA(2) to give a safety and health census for the mine for the financial year, even if the number of 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 11DA(6)—the day stated in the notice; or

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

s 11DB ins 2019 SL No. 221 s 24

amd 2020 SL No. 69 s 24 sch 1

11DC Records of information included in safety and health census

(1)This section applies to a responsible person for a 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 workers working at the mine;

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

(c)the number of hours worked by workers working at the 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 11DC ins 2020 SL No. 69 s 19

11ENotice 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, the responsible person for a mine—

(a)has not given a safety and health census under section 11D; 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 the following information—

(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 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 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.

s 11E amd 2020 SL No. 69 s 24 sch 1

11FFee for late safety and health census

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

(a)if the CEO has given the responsible person a notice mentioned in section 11D(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 11D 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 11D(1) or (3).

(4)The amount of the late fee is stated in schedule 6, part 2.

s 11F amd 2019 SL No. 221 s 25; 2020 SL No. 69 s 24 sch 1

11GInterest payable on unpaid fees

(1)This section applies if the responsible person for a mine does not pay an amount of a safety and health fee under section 11C or 11E.

(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 11G amd 2020 SL No. 69 s 24 sch 1

11HRefund of overpayment of safety and health fee

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

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

s 11H amd 2020 SL No. 69 s 24 sch 1

12First aid and medical treatment

The site senior executive for a mine must ensure a person who is injured, or whose health is affected, at the mine is given appropriate first aid or medical treatment.

s 12 amd 2019 SL No. 140 s 21 sch 1

12ATypes of high potential incidents—Act, s 195

For section 195(2)(b) of the Act, a type of high potential incident mentioned in schedule 1 is prescribed.

12BDiseases that must be reported—Act, s 195

For section 195(6) of the Act, a disease mentioned in schedule 1A is prescribed.

13Types of serious accidents and high potential incidents—Act, ss 197 and 198

(1)For section 197(1) of the Act, a type of serious accident or high potential incident mentioned in schedule 2, part 1 is prescribed.

(2)For section 198(1)(c) of the Act, a type of serious accident or high potential incident mentioned in schedule 2, part 2 is prescribed.

14Reporting accidents and high potential incidents

A mine’s safety and health management system must include procedures for workers reporting accidents and high potential incidents to the site senior executive for the mine.

s 14 amd 2019 SL No. 140 s 21 sch 1

15Site senior executive’s investigation of incidents

(1)In investigating the cause of an incident at a mine, the site senior executive for the mine must use techniques that—

(a)are appropriate for—

(i)the nature of the incident; and

(ii)the nature and level of the hazards involved; and

(b)are integrated with the risk management process; and

(c)involve appropriate participation by persons involved in the incident.

(2)A mine’s safety and health management system must provide for documenting the techniques that must be used for investigating incidents.

s 15 amd 2019 SL No. 140 s 21 sch 1

16Giving inspector details of accidents and high potential incidents

(1)This section applies if an accident or high potential incident happens at a mine.

(2)If requested by an inspector, the site senior executive for the mine must give the inspector a plan, of the type and at the scale required by the inspector, or photographs, showing relevant details about the accident or incident.

s 16 amd 2019 SL No. 140 s 21 sch 1

Note—

See also part 10.

17Appointment of persons to control electrical work

If electrical work is, or is proposed to be, undertaken in operations at a mine, the site senior executive for the mine must appoint, in writing, 1 or more persons to control the electrical work.

s 17 amd 2019 SL No. 140 s 21 sch 1

18Acknowledgement of appointment

(1)A person appointed to control electrical work at a mine must acknowledge the appointment by notice given to the site senior executive for the mine.

(2)For section 59(1)(e) of the Act, the notice is prescribed as a matter that must be included in the mine record.

s 18 amd 2019 SL No. 140 s 21 sch 1

19Duty to give notice of proposed introduction or disconnection of electricity

Before an electricity supply exceeding 75kW capacity is introduced to, or permanently disconnected from, a mine, the site senior executive for the mine must notify an inspector of the proposed introduction or disconnection.

s 19 amd 2019 SL No. 140 s 21 sch 1

20Electrical plans and data

(1)The site senior executive for a mine must ensure the following are kept at the mine for the safe operation of each electrical installation at the mine—

(a)up-to-date plans identifying and showing the location of electrical installations at the mine, including buried electrical services;

(b)electrical safety data including equipment ratings and protection settings for circuit protection devices.

(2)In this section—

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.

s 20 amd 2019 SL No. 140 s 21 sch 1

21Working on electrical equipment that has explosion-protection

(1)A person must not carry out work on electrical equipment that has explosion-protection, unless the person has the competencies to carry out the work.

(2)In this section—

explosion-protection means a technique of protection applied to the design of electrical equipment, components and systems to prevent the electrical energy from becoming an ignition source in the presence of flammable vapours or gases or combustible dusts in hazardous areas.

22General

The operator or site senior executive must ensure—

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

(b)each electrical circuit at the mine is protected against overload, short circuit and earth fault under all operating conditions to effectively—

(i)interrupt the electricity supply; and

(ii)isolate faults.

23Interrupting electricity supply to particular plant

The operator or site senior executive must ensure the electricity supply to the following plant at the mine is capable of interruption from an accessible position remote from the plant—

(a)a stacker, reclaimer, dredge, floating treatment plant and underground electrical installation;

(b)other plant identified by a risk assessment as needing its electricity supply to be capable of interruption from an accessible position remote from the plant to ensure an acceptable level of risk.

24Automatic control

The operator or site senior executive must ensure—

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

(b)the emergency stopping systems and safety alarms at the mine remain effective if there is a fault or failure in a system mentioned in paragraph (a).

25Earthing

The operator or site senior executive must ensure each earthing system at the mine is installed and maintained at sufficiently low impedance and has sufficient capacity to ensure—

(a)reliable operation of electrical protective systems and devices; and

(b)adequate protection against contact with conductive parts that have become live under fault conditions.

26Earth leakage protection

(1)The operator or site senior executive must ensure the mine has earth leakage protection for each electrical circuit exceeding extra low voltage that—

(a)is in an underground mine; or

(b)is in a portable, transportable or mobile apparatus; or

(c)has an outlet for, or supplies electricity to, a trailing cable or flexible lead.

(2)Subsection (1) does not apply to the following circuits—

(a)an electrical circuit—

(i)isolated from earth; or

(ii)that uses the earth to carry all or part of the normal current of a circuit; or

(iii)for which continuity of supply is necessary to maintain safety;

(b)a control or lighting circuit of less than 120V a.c.

26ABasic safety principle

(1)A person carrying out or preparing to carry out work on or near electrical equipment must treat each exposed electrical conductor as live until the equipment is—

(a)isolated and proved to be de-energised; and

(b)if the equipment is a high voltage conductor—earthed.

(2)In this section—

electrical equipment means an item used for generating, converting, transmitting, distributing or using electrical energy.

high voltage means a voltage of more than 1200V.

27Isolation facilities

(1)The operator or site senior executive must ensure each item of electrical equipment used at the mine has a full current isolation facility in a location that is easily accessible by a person required to carry out the isolation.

(2)The operator or site senior executive must also ensure the isolator is—

(a)clearly marked or labelled as the isolator for the plant; and

(b)compatible with the mine’s isolation and lock-out procedures.

28Protection for transportable and mobile equipment

(1)This section applies if transportable or mobile equipment used at a mine is supplied with electricity exceeding extra low voltage by a trailing or reeling cable, other than a low voltage cable that has—

(a)no joining plugs or sockets; and

(b)earth leakage protection with a rated tripping current of not more than 30mA; and

(c)individually screened power conductors.

(2)The site senior executive for the mine must ensure the equipment has earth continuity protection to—

(a)isolate the electricity supply to the equipment immediately after the earthing circuit is broken or the cable is disconnected or decoupled; and

(b)prevent a person inadvertently contacting live parts of the equipment.

s 28 amd 2019 SL No. 140 s 21 sch 1

29Protection from live parts of electrical equipment

The operator or site senior executive must ensure electrical equipment exceeding extra low voltage used at the mine has a device or feature for preventing a person inadvertently contacting live parts of the equipment.

Example of a device or feature—

an enclosure, shield, insulation, interlocking device or automatic disconnection device

30Prospective touch voltage

(1)The operator or site senior executive must ensure the prospective touch voltage at the mine is limited to a level necessary to achieve an acceptable level of risk.

(2)In this section—

prospective touch voltage means the highest voltage a person is liable to be exposed to if the person contacts simultaneously accessible parts in an electrical installation during an electrical fault.

31Voltage rise

The operator or site senior executive must ensure voltage rise in an electrical installation at the mine caused by lightning strike, static electricity, voltage surges and other transient voltages is limited to a level necessary to achieve an acceptable level of risk, having regard to the ways stated in a guideline for limiting voltage rise.

32Risk management for emergencies

(1)The site senior executive for a mine must ensure the risk management process mentioned in part 2, division 2 is carried out for reasonably foreseeable emergencies at the mine to decide the resources, facilities and procedures necessary to—

(a)prepare the mine for managing and controlling the hazards causing the emergencies; and

(b)detect the emergencies; and

(c)respond appropriately to the emergencies.

(2)The resources, facilities and procedures considered in the risk management process must deal with the following matters—

(a)coordinating control of emergencies;

(b)giving notice, information and warnings about emergencies;

(c)the immediate availability of trained rescue persons or emergency services;

(d)locating, and accounting for, persons;

(e)controlling or re-establishing control of the hazard causing the emergency;

(f)isolating the area of the incident, including, for example, by cutting off the supply of energy to the area;

(g)emergency egress and evacuation, including refuges;

(h)first aid and persons trained in giving first aid;

(i)liaising with, and using, local or state emergency services;

(j)backup services and facilities for the emergency.

s 32 amd 2019 SL No. 140 s 21 sch 1

33Emergency preparedness—general

The site senior executive for a mine must ensure the mine has the resources and facilities decided as necessary under section 32 for the mine’s preparedness for reasonably foreseeable emergencies.

s 33 amd 2019 SL No. 140 s 21 sch 1

35Emergency response plan

(1)A mine’s safety and health management system must include an emergency response plan developed having regard to the risk management process carried out under section 32.

(2)The site senior executive for a mine that is not required to have a safety and health management system under section 38(3) or 39(2) of the Act must ensure the mine has an emergency response plan developed having regard to the risk management process carried out under section 32.

(3)The operator of a mine mentioned in subsection (2) must provide adequate resources at the mine to ensure the effectiveness and implementation of the emergency response plan.

Note—

See section 38(1)(f) of the Act for the operator’s obligation about resources for a mine that is required to have a safety and health management system.

36Evacuation

(1)This section applies to a mine if resources, facilities or procedures for evacuating persons are decided as necessary for the mine under section 32.

(2)The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations—

(a)a normal way of access;

(b)signed escape ways independent of the normal way of access;

(c)assembly areas;

(d)equipment and training for self-rescue;

(e)resources, facilities and procedures for tracing persons involved in an incident at the mine;

(f)a way of knowing the names and approximate location of all persons underground.

(3)If an emergency happens at the mine and creates, or is likely to create, an unacceptable level of risk, the site senior executive for the mine must ensure—

(a)persons who are, or may be, harmed or affected as a result of the emergency are evacuated from the area of unacceptable risk; and

(b)persons, other than those required to handle the emergency, are prevented from entering the area.

s 36 amd 2019 SL No. 140 s 21 sch 1

36AEscapeways from underground

(1)The underground mine manager or, if there is no underground mine manager, the site senior executive for a mine, must ensure that, before stoping operations start at the mine, the mine has at least 2 trafficable egresses (the escapeways), complying with subsection (2), accessible from all stoping operations to the surface.

(2)The escapeways must—

(a)be located strategically to manage risk; and

(b)allow for the passage of rescue persons and rescue equipment, including stretchers; and

(c)be separated in a way that an event happening in 1 of the escapeways would not prevent persons escaping through the other escapeway.

(5)The underground mine manager or, if there is no underground mine manager, the site senior executive for the mine, must ensure each of the escapeways is—

(a)maintained in a safe, accessible and usable condition; and

(b)adequately marked or signposted, having regard to the potential for reduced visibility in an emergency.

s 36A amd 2019 SL No. 140 s 21 sch 1

37Refuges

(1)This section applies to a mine if refuges for emergencies are decided as necessary for the mine under section 32.

(2)The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations—

(a)fresh air bases;

(b)self-contained refuge chambers;

(c)secure areas where persons can be protected against the hazard causing the incident.

(3)A person must seek refuge until rescued if—

(a)an emergency happens at a mine and creates, or is likely to create, an unacceptable level of risk for the person; and

(b)the person can not be evacuated promptly from the area of unacceptable risk.

s 37 amd 2019 SL No. 140 s 21 sch 1

38Rescue

(1)This section applies to a mine if facilities or procedures for rescuing persons in emergencies are decided as necessary for the mine under section 32.

(2)The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations—

(a)facilities or procedures for—

(i)persons, and using equipment, on-site; and

(ii)liaising with, and using, local or state emergency services;

(b)if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services—

(i)the availability of suitably trained site-based persons and suitable rescue equipment; and

(ii)facilities and procedures for liaising with, and using, persons and equipment from other operations and agencies for carrying out a rescue.

(3)The site senior executive must ensure reasonable action is taken to rescue persons from an area of unacceptable risk, or a refuge, at the mine.

(4)In deciding what action is reasonable for subsection (3), the site senior executive must have regard to the risk to persons in carrying out the rescue.

s 38 amd 2019 SL No. 140 s 21 sch 1

39Resources for first aid and medical treatment

(1)This section applies to a mine if facilities or procedures for first aid or medical treatment for emergencies are decided to be necessary for the mine under a risk management process carried out under section 32.

(2)The site senior executive must, if it is appropriate having regard to the nature and complexity of the mine’s operations, ensure the mine has the following things—

(a)adequate supplies of first aid and trauma kits;

(b)basic life support training for workers;

(c)equipment appropriate for controlling the on-site hazards identified by the risk management process;

(d)facilities and procedures for liaising with, and using, local and state emergency services;

(e)if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services—

(i)the availability of suitably trained site-based personnel and suitable first aid and medical equipment; and

(ii)facilities and procedures for evacuating persons from the site for medical treatment.

s 39 amd 2019 SL No. 140 s 21 sch 1 amdt 8 (amdt could not be given effect)

40Maintaining and improving emergency response capability

(1)The site senior executive for a mine must ensure the mine’s emergency response facilities and equipment are inspected regularly and maintained in a fully operational condition.

(2)The site senior executive for a mine must also ensure the mine’s emergency response plan is—

(a)tested and reviewed as often as appropriate, having regard to the nature and complexity of the mine’s operations, but at least once a year; and

(b)amended, if necessary, to achieve an acceptable level of risk.

s 40 amd 2019 SL No. 140 s 21 sch 1

41Mine rescue plan

(1)The site senior executive for a mine must ensure the mine has a current rescue plan showing the mine’s emergency facilities, including relevant services reticulation and communication arrangements.

(2)For an underground mine, the plan must also show the following things—

(a)the direction and quantity of the ventilating airflow;

(b)the location of ventilation controls.

(3)In an emergency, the site senior executive must make available to the persons carrying out the rescue a sufficient number of copies of the plan at a scale suitable for use by the persons in the emergency.

s 41 amd 2019 SL No. 140 s 21 sch 1

42Dredging

If a dredge is used at a mine, the site senior executive for the mine must ensure the mine has a written procedure for the following things—

(a)ways of preventing—

(i)the dredge capsizing or sinking; and

(ii)persons falling overboard;

(b)emergency rescue procedures for an event mentioned in paragraph (a).

s 42 amd 2019 SL No. 140 s 21 sch 1

43Excavations

(1)If an excavation exists on a mine site, the site senior executive for the mine must ensure appropriate facilities are provided to minimise the risk to persons from falling into the excavation.

Example of appropriate facilities—

a fence, barricade, bund wall or signage

(2)In this section—

excavation includes a shaft, stope, pass, winze, mine or quarry face, trench, costean and pit.

s 43 amd 2019 SL No. 140 s 21 sch 1

44Ground control

(1)A person who has an obligation under the Act to manage risk in relation to ground control at a mine during the mine’s design, operation or abandonment must ensure appropriate measures are taken to prevent or control local and area failures in ground integrity.

(2)The person must have regard to the following matters in deciding the appropriate measures—

(a)local geological structure and rock properties and their influence on rock stability;

(b)the size and geometry of the mine’s openings;

(c)the presence of previously excavated or abandoned underground workings;

(d)water inflow, drainage patterns, groundwater regimes and mine dewatering procedures and their influence on rock stability over time;

(e)the analysis and interpretation of relevant geotechnical data, including the monitoring of openings and excavations.

(3)The measures must include the following things—

(a)the minimisation of rock damage, from blasting, at the excavation perimeter;

(b)the use of appropriate equipment and procedures for scaling;

(c)the proper design, installation and quality control of rock support;

(d)the timing of ground support to take account of rock conditions and behaviour.

45Mine layout, design and construction

A person who has an obligation under the Act to manage risk at a mine in relation to mine layout, design and construction must ensure the layout, design and construction is carried out having regard to the following matters—

(a)relevant geological, geotechnical, meteorological and topographical data;

(b)other relevant information, including information about the following things—

(i)access and travel-ways;

(ii)accommodation;

(iii)extraction processes and facilities;

(iv)fixed emergency facilities;

(v)ground control;

(vi)hazardous chemicals at the mine;

(vii)noise and dust;

(viii)stockpiles, dumps, tailings dams;

(ix)treatment processes and facilities;

(x)underground and surface water;

(xi)vehicle interaction;

(xii)ventilation.

s 45 amd 2019 SL No. 140 s 21 sch 1

46Mine roads

(1)A person who has an obligation under the Act to manage risk at a mine in relation to the design and construction of the mine’s roads must ensure the specification for the design and construction enables the safe movement of vehicles about the mine.

(2)The specification must have regard to the particular conditions at the mine, including the following matters—

(a)the characteristics of the mine vehicles;

(b)the types of materials used for road construction;

(c)the mine’s operations.

47Rail haulage

If rail mounted locomotive haulage is used at a mine, the site senior executive for the mine must ensure the mine has a written procedure for its safe operation.

s 47 amd 2019 SL No. 140 s 21 sch 1

48Ventilation

A person who has an obligation under the Act to manage risk in relation to ventilation at a mine must ensure appropriate measures are taken to ensure the ventilating air in a place where a person may be present at the mine is of a sufficient volume, velocity and quality to achieve a healthy atmosphere.

49Working at heights

The site senior executive for a mine must ensure that, when a person works at a height of more than 2.4m, appropriate facilities are provided to minimise the risk to persons from falling.

Example of appropriate facilities—

a fence, barricade, scaffold, hand rail, bund wall, safety harness, safety restraint or fall arrest equipment

s 49 amd 2019 SL No. 140 s 21 sch 1

ch 2 pt 7 hdg amd 2019 SL No. 140 s 21 sch 1

ch 2 pt 7 div 1 hdg amd 2019 SL No. 140 s 21 sch 1

ch 2 pt 7 div 1 hdg sub 2019 SL No. 140 s 14

49ADefinitions for division

In this division—

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 51.

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

Note—

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

hazardous chemical see section 50.

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 2B, 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 2B, 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 49A ins 2019 SL No. 140 s 14

50Meaning 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 2A), 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 2A tables replace some tables in the GHS.

s 50 sub 2019 SL No. 140 s 14

51Meaning 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 51 sub 2019 SL No. 140 s 14

ch 2 pt 7 div 1 hdg sub 2019 SL No. 140 s 14

52Register of hazardous chemicals and dangerous goods

(1)The site senior executive for a 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 52 sub 2019 SL No. 140 s 14

52AManufacturers, 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 mine as mentioned in section 43(2)(a) of the Act.

(2)Without limiting section 43(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 guideline; or

(c)the ADG Code.

s 52A ins 2019 SL No. 140 s 14

53Labelling and giving information about hazardous chemicals and dangerous goods

(1)The site senior executive for a 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 guideline; 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).

quarry material see the Forestry Act 1959, schedule 3.

s 53 sub 2019 SL No. 140 s 14

ch 2 pt 7 div 1 hdg sub 2019 SL No. 140 s 14

54Selecting hazardous chemicals and dangerous goods

The site senior executive for a 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 work instructions.

s 54 sub 2019 SL No. 140 s 14

55Standard work instructions for using, handling and storing hazardous chemicals and dangerous goods

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

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

s 55 sub 2019 SL No. 140 s 14

56Handling 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 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 56 sub 2019 SL No. 140 s 14

57Monitoring, and taking action about, hazardous chemicals and dangerous goods

(1)The site senior executive for a 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 chemicals or goods.

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

(3)The site senior executive for the mine must ensure a hazardous chemical is, or dangerous goods are, disposed of under section 59 if the monitoring shows—

(a)deterioration of the chemical or goods; or

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

s 57 sub 2019 SL No. 140 s 14

58Standard work instruction for dealing with leaks and spills

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

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

s 58 sub 2019 SL No. 140 s 14

59Disposal

(1)This section applies to—

(a)a hazardous chemical, or dangerous goods, at a 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 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 43(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 mine must ensure the following things are shown on the plans of the mine workings under section 58 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 59 sub 2019 SL No. 140 s 14

60Meaning of major hazard facility

(1)A mine is a major hazard facility if—

(a)operations carried on at the mine involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1; and

(b)a hazardous materials emergency at the mine could pose an unacceptable level of risk to persons, property or the environment outside the mine.

(2)In this section—

combustible liquid means a combustible liquid under the flammable and combustible liquids standard.

flammable and combustible liquids standard means AS 1940 ‘The storage and handling of flammable and combustible liquids’, as in force from time to time.

hazardous material—

1

A hazardous material is a substance with potential to cause harm to persons, property or the environment because of 1 or more of the following—

(a)the chemical properties of the substance;

(b)the physical properties of the substance;

(c)the biological properties of the substance.

2

Without limiting paragraph 1, hazardous material includes all dangerous goods, combustible liquids and chemicals.

hazardous materials emergency, at a mine, means a situation involving hazardous materials or suspected hazardous materials at the mine that includes a loss of control, or an imminent risk of loss of control, of the materials or a loss of control of anything that may impact on the materials if the loss of control causes, or the loss of control or imminent risk of loss of control has the potential to cause, material harm to persons, property or the environment.

60AMeaning of possible major hazard facility

(1)A mine is a possible major hazard facility if relevant operations carried on, or intended to be carried on, at the mine involve or are likely to involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1.

(2)In this section—

relevant operations means operations other than the preparation and use of explosives at a blast site.

60BNotifying chief inspector if mine is a major hazard facility or a possible major hazard facility

(1)The site senior executive for a mine that is a major hazard facility or possible major hazard facility must notify the chief inspector about the mine—

(a)in the approved form; and

(b)at least 6 months before the mine starts operations.

Maximum penalty—200 penalty units.

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

60CNotifying chief inspector of certain upgrades of mines

(1)This section applies to a mine, other than a mine that is a major hazard facility, if there is a change in relation to the mine involving the mine becoming a major hazard facility or a possible major hazard facility.

(2)The site senior executive for the mine must notify the chief inspector about the mine—

(a)in the approved form; and

(b)at least 6 months before the mine starts operations as an upgraded mine.

Maximum penalty—200 penalty units.

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

(5)In this section—

upgraded mine means a mine that, as a result of a change in relation to the mine, is a major hazard facility or a possible major hazard facility.

s 60C amd 2019 SL No. 140 s 21 sch 1

60DNotifying chief inspector of certain downgrades of mines

(1)This section applies to a mine if—

(a)under section 60B or 60C, a notification (the original notice) has been given about the mine; and

(b)a change proposed in relation to the mine will result in the mine being downgraded, for at least 6 months, from its classification as a major hazard facility or possible major hazard facility stated in the original notice.

(2)The site senior executive for the mine may, in the approved form, notify the chief inspector about the change.

(3)Despite sections 60 and 60A, until the chief inspector is given a notification under subsection (2), the mine is taken to continue to be a major hazard facility or possible major hazard facility as stated in the original notice.

s 60D amd 2019 SL No. 140 s 21 sch 1

60ESafety and health management system for mine that is a major hazard facility

(1)The site senior executive for a mine that is a major hazard facility must ensure the mine’s safety and health management system complies with—

(a)the Act and this regulation; and

(b)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—

(A)to the relevant public authority were a reference to the chief inspector of mines; and

(B)to the operator, employer, occupier or person who has overall management and control of a major hazard facility were a reference to the site senior executive; and

(C)to the safety management system were a reference to the safety and health management system.

(2)In this section—

national standard safety and health provisions means the major hazard facilities standard, sections 6 to 13.

60FSafety report to chief inspector

(1)The site senior executive for a mine that is a major hazard facility must give a written report (a safety report) to the chief inspector as required under subsection (2).

(2)The safety report must—

(a)comply with the major hazard facilities standard, section 7; and

(b)be given within 16 months after a notice, identifying the mine as a major hazard facility, is given to the chief inspector under section 60B(1) or 60C(2).

62First aid measures and personal protective equipment

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

s 62 sub 2019 SL No. 140 s 16

63Records

(1)The site senior executive for a 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 operations stop; and

(b)after the mine’s 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 63 sub 2019 SL No. 140 s 16

amd 2020 SL No. 69 s 24 sch 1

Note—

See also division 1.

64Persons who may handle explosives

(1)A person must not handle an explosive at a mine unless the person—

(a)is authorised in writing by the mine’s site senior executive or underground mine manager (the authorising person) to carry out the handling activity; or

(b)carries out the handling activity under the direct supervision of a person authorised under paragraph (a).

(2)A person may be authorised under subsection (1)(a) only if—

(a)the person holds a current shotfirer licence under the Explosives Act 1999 that is applicable to the mine’s operations; or

(b)the authorising person is satisfied the person—

(i)has the competency accepted by the committee as qualifying the person to carry out the handling activity; or

(ii)has satisfactorily completed a competency-based training program for carrying out the handling activity and is competent to carry it out.

(3)The authorisation must state the handling activities the person is authorised to carry out.

(4)For section 59(1)(e) of the Act, a copy of each authorisation given under subsection (1) is prescribed as a matter that must be included in the mine record.

(5)In this section—

handle, an explosive, includes manufacture, possess, store, transport, prepare for use, use, or dispose of, the explosive.

handling activity, for an explosive, includes the manufacture, possession, storage, transportation, preparation for use, use, or disposal, of the explosive.

65Selecting explosives

A person who has an obligation under the Act to manage risk at a mine in relation to selecting explosives for use at the mine must ensure the explosives are—

(a)stable; and

(b)fit for their intended use; and

(c)as insensitive as reasonably practicable to shock, sparks, friction and the environment in which they will be stored, transported and used; and

(d)as far as reasonably practicable, simple to store, use, transport and control.

66Warning about explosives

(1)If explosives are used at a mine, the site senior executive for the mine must ensure—

(a)suitable signs are in place to warn of the explosives’ presence; and

(b)vehicles carrying explosives at the mine are easily identified other than by signs.

Example of identification other than a sign—

a flashing light of a distinctive colour

(2)The site senior executive must ensure the signs and other methods of identification are suitable for each person at the mine to readily identify that explosives are present or being transported.

s 66 amd 2019 SL No. 140 s 21 sch 1

67Storing, transporting, using and disposing of explosives

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

(a)the safe and secure storage and transport of explosives at the mine; and

(b)the safe use and disposal of the explosives.

(2)However, if the mine is not required to have a safety and health management system under the Act, the site senior executive for the mine must ensure the mine has a procedure or standard work instruction for the matters mentioned in subsection (1)(a) and (b).

s 67 amd 2019 SL No. 140 s 21 sch 1

68Mine vehicles and equipment used for manufacturing, storing and transporting explosives

(1)The site senior executive for a mine must ensure mine vehicles and equipment used to manufacture, store or transport explosives at the mine are equipped, maintained and inspected to manage the risk of fire or explosion.

(2)The site senior executive for a mine must also ensure mine vehicles and equipment used to manufacture, store or transport explosives at the mine are—

(a)in sound mechanical condition and repair; and

(b)designed, maintained and used in a way that protects the explosives against friction, heat, incompatible materials, pressure, shock, sparks and extraneous electricity; and

(c)designed and maintained to provide adequate segregation of detonators from other explosives during manufacture, storage or transport.

(3)The site senior executive for a mine must also ensure that, before a mine vehicle or equipment that has been used to manufacture, store or transport explosives at the mine is repaired on-site or sent off-site for repair, the vehicle or equipment is—

(a)thoroughly cleaned; and

(b)inspected by a person who has the necessary competence; and

(c)certified to be free of explosive residues.

(4)In this section—

Australian explosives code means the third edition of the ‘Australian Code for the Transport of Explosives by Road and Rail’ approved by the Workplace Relations Ministers’ Council.

mine vehicle means a vehicle at a mine, other than—

(a)a road vehicle or vehicle as defined under the ADG Code; or

(b)a special vehicle or vehicle as defined under the Australian explosives code.

s 68 amd 2019 SL No. 140 s 21 sch 1

69Identifying interaction hazards before explosives are used

(1)The site senior executive for a mine must ensure that, before explosives are used at the mine, a risk management process is carried out to identify the hazards that may arise or interact from the use.

(2)Without limiting subsection (1), the process must consider the following matters—

(a)ground at elevated temperature;

(b)radiation;

(c)reactive ground;

(d)lightning;

(e)extraneous electricity;

(f)sympathetic detonation;

(g)the triggering of secondary dust or gas explosions;

(h)unstable ground;

(i)energy originating from friction, impact, static and heat;

(j)unusual applications.

Example of an unusual application—

clearing an accretion in a smelter

(3)Section 10 applies to the risk management process if the mine is required to have a safety and health management system under the Act.

s 69 amd 2019 SL No. 140 s 21 sch 1

70Blasting procedures

(1)If blasting is carried out at a mine, the site senior executive for the mine must ensure the mine has written procedures for the blasting.

(2)The procedures must provide for the following matters—

(a)ensuring equipment used for charging and firing is maintained in a good operating condition;

(b)cleaning blast holes before charging;

(c)blast times;

(d)warning and guarding persons against entering an unsafe area during a blast;

(e)removing persons who may be injured by a blast to a safe place before firing takes place;

(f)the ability for each person involved in firing the blast to reach a safe position, by walking at normal walking pace, before the blasting happens;

(g)firing a blast from a position that is safe from the effects of the blast;

(h)deciding when it is safe to re-enter the blasted area;

(i)examining the blasted area and blast hole remnants safely;

(j)communicating, from 1 shift to another, information about charging and blasted locations.

(3)The procedures must provide for the following additional matters, as are appropriate, having regard to the nature, size and complexity of the blasting—

(a)keeping air blast, air overpressure, dust generation, flyrock, ground vibration and noise within acceptable limits;

(b)keeping the effect on ground stability to as low as practicable;

(c)keeping blast times within worker and community expectations for blasting;

(d)finalising blast design and firing sequence;

(e)recording the results of blast monitoring at the mine, including the monitoring of ground vibration.

s 70 amd 2019 SL No. 140 s 21 sch 1

71Blasting in hot material

(1)This section applies if blasting is carried out at a mine in material that is at least 55ºC or in known, or potential, reactive ground.

Example of reactive ground—

ground containing sulphides that oxidise easily

(2)Before the blasting is carried out, the site senior executive for the mine must ensure the mine has a written procedure or standard work instruction to ensure—

(a)heat-induced initiation does not happen before firing; or

(b)each person involved in loading or firing the blast has time to reach a safe place before heat-induced initiation happens.

s 71 amd 2019 SL No. 140 s 21 sch 1

72Misfires

The site senior executive for a mine must ensure the mine has a written procedure or standard work instruction for the earliest practicable—

(a)detection, recording, dealing with and treatment of misfires at the mine; and

(b)warning of the misfire and presence of explosives.

s 72 amd 2019 SL No. 140 s 21 sch 1

73Disposing of explosives

(1)The site senior executive for a mine must ensure the disposal of explosives on the surface of the mine complies with AS 2187.

(2)The site senior executive for a mine must also ensure explosives disposed of underground at the mine are disposed of other than by burning or burying.

(3)Before operations cease at the mine, the site senior executive must ensure all explosives at the mine are—

(a)located and accounted for; and

(b)either removed from site or disposed of under subsection (1) or (2).

(4)For subsection (3)(a), accounting for all explosives at the mine includes detailing, through appropriate record keeping, what has happened to all explosives that have been transported to the mine or manufactured at the mine.

s 73 amd 2019 SL No. 140 s 21 sch 1

74Underground storage

(1)The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure explosives stored underground at the mine are stored in an underground magazine or underground temporary storage.

(2)The person must also ensure—

(a)the quantity of explosives stored is as low as reasonably practicable for the operations in which they are to be used; and

(b)blasting agents and detonator sensitive explosives are stored in areas segregated from each other; and

(c)detonators are segregated from other explosives; and

(d)only things associated with storing the explosives are stored in the underground storage.

(3)This section does not apply to explosives stored in an adit, drive or similar underground excavation that is separate from, or not integrated with or connected to, an underground mining operation in which explosives are used.

s 74 amd 2019 SL No. 140 s 21 sch 1

75Underground storage location

The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure an underground magazine at the mine is located away from the following things at the mine—

(a)major access routes;

(b)emergency escape routes or emergency refuges;

(c)high occupancy areas;

(d)other hazardous chemicals;

(e)major service facilities;

(f)known micro-seismic areas.

s 75 amd 2019 SL No. 140 s 21 sch 1

76Underground magazine design

The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure each underground magazine at the mine is designed and maintained to ensure—

(a)explosives in the magazine are—

(i)protected against friction, impact, static and heat; and

(ii)adequately ventilated to keep them cool and dry; and

(iii)secured against theft; and

(b)detonators in the magazine are adequately segregated from other explosives; and

(c)when a person is present in the magazine, the atmospheric contaminants in the magazine do not exceed the general exposure limits for the contaminants; and

(d)equipment used for moving or storing explosives can be manoeuvred safely in the magazine.

s 76 amd 2019 SL No. 140 s 21 sch 1

77Underground temporary storage

(1)The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure an underground temporary storage area at the mine is located near where the explosives stored in the area are to be used.

(2)The person must also ensure the underground temporary storage area is maintained and operated to ensure—

(a)explosives in the storage area—

(i)do not exceed the quantity needed for the operations in which they are to be used; and

(ii)are protected against accidental impact; and

(b)detonators in the storage area are—

(i)stored in a locked containers; and

(ii)adequately segregated from other explosives; and

(c)containers in which explosives are stored are—

(i)constructed to protect the explosives against impact, squeezing and theft; and

(ii)cleaned of residual explosives before being reused; and

(d)explosives are removed from the storage area and the storage area closed when the blasting operations for which the explosives were stored stop.

s 77 amd 2019 SL No. 140 s 21 sch 1

78Record of underground storages

The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure an up-to-date record of the number and location of underground magazines and underground temporary storages is—

(a)kept at the mine; and

(b)made available to an inspector at the inspector’s request.

s 78 amd 2019 SL No. 140 s 21 sch 1

79Theft or other loss of explosives

(1)The site senior executive for a mine must ensure the mine has a system or written procedure for—

(a)detecting theft or other loss of an explosive during any part of its life cycle; and

(b)reporting the theft or loss under section 195 of the Act.

(2)The site senior executive must ensure the system or procedure provides for recording the following information about the theft or loss—

(a)the type of explosive stolen or lost;

(b)the date and time of the theft or loss;

(c)any identifying characteristic of the explosive.

s 79 amd 2019 SL No. 140 s 21 sch 1

79AAccountability for explosives

(1)A person at a mine who has the immediate custody or control of any explosives, whether for the purpose of storing, transporting, using or disposing of the explosives or for another purpose, must ensure the following requirements are complied with—

(a)if the person takes the explosives from storage at the mine, the person must—

(i)deliver the explosives to a person authorised to receive them, and account for them on delivery; or

(ii)use the explosives, and account for their use;

(b)if the person transports the explosives at the mine, the person must deliver the explosives to a person designated to receive the explosives, and must account for the explosives both when received for transport and when delivered;

(c)if the person uses the explosives, the person must—

(i)account for the explosives; and

(ii)return all explosives that are surplus to what is required to their storage location, and account for the explosives;

(d)the person must account for the explosives if the explosives are destroyed or disposed of.

(2)If the person can not properly account for any of the explosives in accordance with subsection (1), the person must report the failure, using the system or written procedure established under section 79.

(3)In this section—

account for, in relation to explosives, means—

(a)accurately detail, through appropriate record keeping, what happens to the explosives; and

(b)provide enough information for detecting theft or other loss under the system or written procedure established under section 79.

80Survey grid system

The site senior executive for a mine must ensure—

(a)a datum station is established near the mine for mine surveys and referenced to GDA and AHD; and

(b)if a local grid system is used for the surveys, the relationship between the grid system and GDA is established and shown on the survey plans.

s 80 amd 2019 SL No. 140 s 21 sch 1

81Protecting survey data against loss, damage or unauthorised access

The site senior executive for a mine must ensure the mine’s current survey data is kept in a secure way to protect the data against loss, damage or unauthorised access.

s 81 amd 2019 SL No. 140 s 21 sch 1

82Plans of mine workings

(1)The site senior executive for a mine must ensure survey plans of the mine workings include the following matters if they may affect the safety and health of a person in the workings—

(a)the location of natural and artificial features;

(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, including abandoned workings, to allow the safe management of interfacing between the workings.

s 82 amd 2019 SL No. 140 s 21 sch 1

83Plans of operations undertaken at abandoned mine

(1)This section applies to a person who is required, under section 58(3) of the Act, to give the chief inspector plans showing the extent of operations at an abandoned mine.

(2)The person must ensure the plans are in the format and of the quality required by the chief inspector.

Example of quality for subsection (2)—

the quality of paper or ink used for the plans

84Alcohol and drugs

(1)A person must not carry out operations at a mine, or enter an operating part of a mine, if the person is under the influence of alcohol, or is impaired by a drug, to the extent the alcohol or drug impairs, or could impair, the person’s ability to safely carry out the person’s duties at the mine.

(2)A person must not consume alcohol at a mine other than in—

(a)an accommodation facility; or

(b)a recreation area designated, in writing, by the site senior executive for the mine for the purpose under a written procedure for designating the area.

s 84 amd 2019 SL No. 140 s 21 sch 1

85Fitness of workers

The site senior executive for a mine must ensure a worker at the mine does not carry out work at the mine unless the worker’s fitness level has been decided under section 87 as adequate for the work.

s 85 amd 2019 SL No. 140 s 21 sch 1

86Worker’s self-assessment of fitness level

Each worker at the mine must periodically conduct a self-assessment of the worker’s condition, including, for example, for effects of heat strain or fatigue, to decide if the worker is in a fit condition to carry out the worker’s duties at the mine without creating an unacceptable level of risk.

87Assessing workers to decide fitness level

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

(a)each worker at the mine is assessed to decide if the worker’s fitness level is adequate to enable the worker to carry out work at the mine without creating an unacceptable level of risk; and

(b)a record of the assessment (a fitness assessment record) is kept.

(2)The assessment must be carried out in an appropriate way, including, for example, by a medical examination, having regard to the nature of the work.

(3)The assessment must be carried out—

(a)before the worker first starts work at the mine; and

(b)whenever the worker’s duties change; and

(c)periodically, as necessary, to assess—

(i)changes in the worker’s fitness for the work; or

(ii)the adequacy of the worker’s fitness level for the work.

(4)If the site senior executive considers the assessment needs to be carried out by a medical examination, the site senior executive must arrange for the assessment to be done by, or under the supervision of, an appropriate doctor.

(4A)The appropriate doctor must give—

(a)the site senior executive a fitness assessment report; and

(b)the worker a copy and explanation of the report.

(5)The worker’s employer must pay for the assessment and fitness assessment report.

Maximum penalty—30 penalty units.

(6)Subsection (5) is not a safety and health obligation for the Act.

s 87 amd 2019 SL No. 140 s 21 sch 1

88Fitness of visitors

(1)The site senior executive for a mine must ensure a visitor does not enter an operating area at the mine unless, having regard to conditions prevailing in the area, the visitor’s fitness level is adequate to visit the area.

(2)The site senior executive for a mine must also ensure—

(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 visit the area; and

(b)a record of the assessment (also a fitness assessment record), including, for example, a copy of the questionnaire, is kept.

s 88 amd 2019 SL No. 140 s 21 sch 1

89Work hours and rest breaks

A mine’s safety and health management system must provide for controlling risk at the mine arising out of personal fatigue caused by excessive work hours or insufficient rest periods.

90Amenities for workers’ fitness and health

(1)The site senior executive for a mine must ensure the mine has appropriate amenities for use by workers to maintain their fitness and health.

(2)Without limiting subsection (1), the amenities must include the following things, as appropriate, having regard to the nature of the mine’s operations—

(a)food storage and consumption facilities;

(b)supplies of cool drinking water;

(c)washing and bathing facilities;

(d)toilet facilities;

(e)refuse disposal.

(3)Also, if a worker remains on site between shifts, the amenities must include the following things—

(a)facilities for rest, sleep and recreation;

(b)food;

(c)provision for washing clothes;

(d)an appropriate and effective communication system.

(4)The site senior executive must also ensure the amenities are—

(a)within a reasonable distance of each workplace at the mine; and

(b)kept in a hygienic condition.

s 90 amd 2019 SL No. 140 s 21 sch 1

91Induction training and assessment

The site senior executive for a mine must ensure each worker at the mine is given appropriate induction training and periodically assessed to ensure the worker has adequate knowledge of the following matters, having regard to the work to be carried out, or carried out, by the worker at the mine—

(a)the nature and layout of the mine’s operations;

(b)the mine’s organisational structure and communication procedures;

(c)the mine’s site procedures and practices;

(d)the risk management process mentioned in part 2, division 2;

(e)emergency procedures and basic first aid;

(f)the Act and this regulation.

s 91 amd 2019 SL No. 140 s 21 sch 1

92Persons who have not completed induction training

The site senior executive for a mine must ensure a person who has not completed induction training under section 91 is—

(a)supervised by a worker who has completed the induction training when the person is in a workplace at the mine; and

(b)given sufficient information on, and instruction in, the following matters to enable the person to respond appropriately in an emergency situation—

(i)the mine’s work practices and emergency procedures;

(ii)the use of protective and emergency equipment; and

(c)made aware of the person’s safety and health obligations under section 36 of the Act.

s 92 amd 2019 SL No. 140 s 21 sch 1

93Training

(1)The site senior executive for a mine must ensure each worker at the mine is trained, if necessary, and periodically assessed, to ensure the worker has—

(a)adequate knowledge and understanding of the processes to be carried out, and the materials and plant to be used, for the worker’s duties at the mine; and

(b)adequate skill to carry out the processes, handle the materials and operate the plant; and

(c)adequate ability to access and understand the procedures and standard work instructions for the worker’s duties.

(2)The training must be carried out in an appropriate way, including, for example, by formal training courses or informal on-the-job instruction.

(3)The assessment must be carried out in an appropriate way, including, for example, by examination, test or proof of relevant prior learning.

(4)The site senior executive for a mine must also ensure a person being trained or assessed does not carry out work at the mine unless the person is adequately supervised to prevent creating an unacceptable level of risk.

(5)Subsection (4) does not apply to work carried out by the person in an emergency.

s 93 amd 2019 SL No. 140 s 21 sch 1

94Record of training

The site senior executive for a mine must ensure a record is kept of the training given to, and assessment of, each worker under this division.

s 94 amd 2019 SL No. 140 s 21 sch 1

95Time and resources for carrying out tasks

(1)The site senior executive for a mine must ensure time is allocated, and the mine’s resources are distributed, to enable each worker at the mine to carry out the worker’s tasks without creating an unacceptable level of risk.

(2)Without limiting subsection (1), the site senior executive must ensure the worker is given the supervision, and help from other competent persons, necessary to achieve an acceptable level of risk.

Example of help—

If the worker is working alone in a bin, or on a busy roadway, the worker may be given help by another worker keeping watch to ensure the level of risk is acceptable.

(3)In this section—

resources includes the following things—

(a)access and transport;

(b)communication methods;

(c)facilities, materials and plant;

Examples—

consumable items, spare parts and personal protective equipment

(d)leadership, guidance and training;

(e)procedures, including procedures for coordinating activities, and standard work instructions and other relevant information.

s 95 amd 2019 SL No. 140 s 21 sch 1

96Supervising workers

(1)Without limiting section 95(2), the site senior executive for a mine must ensure the mine’s activities and workers are supervised to the extent necessary to ensure each worker—

(a)is not likely to be exposed to conditions beyond the worker’s capabilities; and

(b)is not likely to be affected by the conditions in which the worker is working in a way that adversely affects the worker’s fitness to perform critical tasks; and

(c)has the resources necessary to carry out the worker’s tasks without being exposed to an unacceptable level of risk; and

(d)is working within the limits of the worker’s fitness and competence; and

(e)complies with the worker’s safety and health obligations.

(2)The supervision must include communication, including direct contact, at appropriate intervals by the worker’s supervisor.

s 96 amd 2019 SL No. 140 s 21 sch 1

97Communicating with workers working alone underground

(1)This section applies to a worker who is working alone underground at a mine and is not in frequent communication with, or within easy hearing of, another person at the mine.

(2)The site senior executive for the mine must ensure the worker is communicated with at intervals of not more than 2 hours.

(3)This section does not apply at a mine where only 1 person works.

s 97 amd 2019 SL No. 140 s 21 sch 1

98Checking work quality

(1)This section applies to work carried out at a mine and for which checking the quality of output from the work is necessary for managing risk at the mine.

(2)The site senior executive must ensure the output is checked by a person other than the person who carried out the work, to confirm the output is suitable for use.

Example of checking the output of work—

x-raying a weld in a pressure vessel or checking design calculations

99Entering a workplace

Each supervisor for a workplace at a mine must ensure a person does not enter the workplace unless the supervisor reasonably believes the person is capable, having regard to the conditions prevailing in the workplace and the person’s level of supervision, to respond appropriately to—

(a)the normal activities in the workplace; and

(b)any incident or emergency likely to occur.

Note—

See also part 4 for provisions about electrical equipment and part 13 for provisions about winding equipment.

100Selection and design

(1)A person who has an obligation under the Act to manage risk at a mine in relation to the selection and design of plant must ensure—

(a)the plant—

(i)is fit for its intended use and use in its intended work environment, including, for example, a hazardous area; and

(ii)is ergonomically compatible with persons operating or maintaining the plant; and

(iii)has appropriate provision for safe access, egress and maintenance; and

(b)if it is necessary for managing risk from the plant and it is reasonably practicable, the plant—

(i)fails to safety; and

(ii)does not fail catastrophically or by common mode or cascade failure; and

(iii)incorporates appropriate engineering controls to protect the plant operator and other persons; and

Example of engineering controls—

guards on moving parts, rollover protection, falling object protection, noise insulation or seatbelts

(iv)incorporates appropriate backup systems to ensure plant remains under control if its primary system fails; and

Example of a backup system—

a vehicle’s parking brake to backup its service brake

(v)is designed so its condition and performance can be monitored and incipient failures detected.

(2)In this section—

hazardous area means an area in which an explosive atmosphere is present, or is likely to be present, in quantities requiring special precautions for the construction, installation and use of potential ignition sources.

Examples of potential ignition sources—

electrical equipment, naked flames, sparks from grinding and welding operations, and hot surfaces

101Instrumentation and warning devices

A person who has an obligation under the Act to manage risk at a mine in relation to the selection and design of plant must ensure the plant that is likely to cause a hazard has adequate—

(a)instrumentation to enable monitoring of the plant’s operation and condition; and

(b)warning devices to warn persons near the plant of its start-up, operation or failure.

102Plant controls and control systems

(1)A person who has an obligation under the Act to manage risk at a mine in relation to plant controls and control systems must, as far as reasonably practicable, ensure—

(a)the controls—

(i)have a standard method of operation or are marked or labelled to state their method of operation; and

(ii)are easily identifiable, including, for example, by a label, as the controls for the plant, or part of plant, they control; and

(b)the control systems provide for—

(i)effective communication between persons involved in the plant’s operation or maintenance; and

(ii)shutting the plant down or otherwise bringing the plant to a safe state in an emergency.

(2)The person must also ensure—

(a)a remote control system is capable of being disabled at the plant; and

(b)an automatic control system is capable of being disabled at the plant and overridden manually.

(3)If, having regard to the nature and level of risk from plant used at the mine, it is necessary for managing the risk, the person must also ensure—

(a)a remote control system for the plant shuts the plant down safely if communication with the system is lost; and

(b)an automatic control system for the plant shuts the plant down safely if the control system fails; and

(c)the control systems shut the plant down or otherwise bring the plant to a safe state if—

(i)the plant operates outside its design parameters; or

(ii)an engineering control for the plant fails.

103Isolation facility

(1)If, having regard to the nature and level of risk from plant used at a mine, it is necessary for managing the risk, the site senior executive for the mine must ensure the plant has a facility for—

(a)preventing its operation; or

(b)preventing or controlling the release of its stored energy; or

(c)isolating its energy supply.

(2)The site senior executive must ensure the facility is capable of being locked-out and tagged or otherwise secured.

s 103 amd 2019 SL No. 140 s 21 sch 1

104Manufacture, construction, storage, transport and installation

(1)The operator or site senior executive for a mine must ensure plant used, or intended for use, at the mine is manufactured, constructed, stored, transported and installed in accordance with any applicable specifications and instructions.

(2)For fixed plant, the operator or site senior executive must also ensure—

(a)the plant is installed in a location and environment that is compatible with the plant and its use; and

(b)the mine layout incorporates appropriate facilities and adequate space for—

(i)access to and egress from the plant during emergencies; and

(ii)the plant’s operation, monitoring, servicing and maintenance.

s 104 amd 2019 SL No. 140 s 21 sch 1

105Commissioning

(1)The operator or site senior executive for a mine must ensure plant is commissioned in its operating environment at the mine before the plant is used to ensure the following matters—

(a)its integration into the operating environment and associated systems;

(b)the plant performs within its specifications, if any, held at the mine under section 112;

(c)hazard controls for the plant are adequate and operating within the specifications mentioned in paragraph (b);

(d)mine workers who are required to operate the plant are competent to operate the plant safely.

(2)The operator or site senior executive must ensure—

(a)the commissioning is carried out in accordance with the manufacturer’s instructions; and

(b)adequate precautions are taken to protect the safety and health of persons if—

(i)the plant fails during commissioning; or

(ii)it is necessary to commission the plant without all hazard controls for the plant operating effectively.

s 105 amd 2019 SL No. 140 s 21 sch 1

106Operating plant

A person who has an obligation under the Act to manage risk at a mine in relation to the operation of plant must ensure the plant is not operated—

(a)in a way that creates an unacceptable level of risk; or

(b)if inspections, tests or monitoring show the plant is unfit for use; or

(c)if the plant is locked-out and tagged.

107Isolating, locking-out and tagging plant

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

(a)isolating plant, including effectively isolating plant to control the risk from a release of energy;

(b)taking plant out of service;

(c)testing plant or its energy source for zero potential;

(d)returning plant to service.

(2)The site senior executive for a mine that is not required to have a safety and health management system under the Act must ensure the mine has a standard work instruction for the activities mentioned in subsection (1)(a) to (d).

(3)If the safety or health of a person is directly affected by the operation or non-operation of plant, the system or standard work instruction must also provide for locking-out and tagging the plant.

108Monitoring

(1)A person who has an obligation under the Act to manage risk at a mine in relation to monitoring plant must monitor the plant’s use, condition and performance to—

(a)detect any deterioration causing an unacceptable level of risk; and

(b)decide if the plant is likely to operate without causing an unacceptable level of risk until the plant is next monitored; and

(c)provide information for preventive maintenance.

(2)The person must ensure the monitoring is carried out—

(a)during the plant’s use at scheduled intervals or continuously, or after scheduled periods of use; and

(b)otherwise as necessary.

109Service and maintenance

(1)The operator or site senior executive for a mine must ensure plant in use at the mine is serviced and maintained so the plant—

(a)is capable of performing its intended functions; and

(b)is within the condition and performance limits of its specifications.

(2)If a breakdown of the plant is likely to cause an unacceptable level of risk, the operator or site senior executive must ensure the servicing and maintenance is based on a preventive strategy.

(3)If the plant can not be serviced and maintained under subsection (1), the operator or site senior executive must ensure the plant is taken out of service.

s 109 amd 2019 SL No. 140 s 21 sch 1

110Repair or modification

If plant at a mine is repaired or modified in a way that could affect the plant’s fitness for use for its intended purpose, the site senior executive for the mine must ensure sections 100 to 105 are complied with.

s 110 amd 2019 SL No. 140 s 21 sch 1

111Dismantling or demolition

The site senior executive for a mine must ensure—

(a)as far as reasonably practicable, sources of energy and hazardous chemicals are removed from plant before the plant is dismantled or demolished; and

(b)the dismantling or demolition is carried out in accordance with any relevant instructions for the plant’s safe dismantling or demolition.

s 111 amd 2019 SL No. 140 s 21 sch 1

112Specifications, instructions and other information about plant

(1)If, having regard to the nature and level of risk from plant used at a mine, it is necessary for managing the risk, the site senior executive for the mine must ensure—

(a)the mine has written specifications for the plant and instructions for its use; and

(b)a copy of the specifications is available to, and readily accessible by, each worker required to use the plant at the mine; and

(c)a copy of the instructions is available to, and readily accessible by, each worker required to carry out the activity to which the instructions relate at the mine.

(2)The specifications must include the following matters, as appropriate, having regard to the nature and level of risk from the plant—

(a)the plant’s intended use and environment;

(b)its design envelope, including limits for its normal and abnormal use and life;

(c)its condition and performance limits;

(d)hazards associated with the plant and its materials;

(e)its failure modes;

(f)its safeguards and protective systems;

(g)design drawings and calculations, and specifications for its materials and parts;

(h)the knowledge and competency requirements for persons installing, commissioning, operating, monitoring, servicing, maintaining and disposing of the plant.

(3)The instructions for using the plant must deal with the following matters for the plant, as appropriate, having regard to the nature and level of risk from the plant—

(a)transport, storage and installation;

(b)commissioning;

(c)operation;

(d)monitoring;

(e)servicing and maintenance;

(f)dismantling and demolition.

(4)Also, if, having regard to the nature and level of risk from the plant, it is necessary for managing the risk, the site senior executive must ensure hazard warnings, operating limitations, instructions for use and other critical information are marked on the plant or displayed near the plant.

s 112 amd 2019 SL No. 140 s 21 sch 1

113Records

(1)If, having regard to the nature and level of risk from plant used at a mine, it is necessary for managing the risk, the site senior executive for the mine must ensure a record is kept at the mine about—

(a)the plant’s—

(i)manufacture, construction, storage, transport, and installation; and

(ii)commissioning; and

(iii)use; and

(iv)servicing and maintenance; and

(v)repair and modification; and

(vi)inspection, testing and monitoring, and any action taken as a result of the inspection, testing and monitoring; and

(b)incidents, damage and operation happening outside the plant’s design envelope.

(2)For ropes used in winding operations in which a winder of at least 30kW capacity is used, the site senior executive must ensure a record is kept of the matters stated in subsection (1) regardless of the nature and level of risk from the ropes.

(3)The site senior executive must ensure the records are—

(a)kept for the life of the plant or until its earlier permanent decommissioning or disposal; and

(b)available to, and readily accessible by, each worker using the plant at the mine.

s 113 amd 2019 SL No. 140 s 21 sch 1

114Procedures and standard work instructions for particular operations

(1)This section applies to operations at a mine if, having regard to the nature and level of risk from the operations, it is necessary for managing the risk for the operations to be—

(a)uniform and consistent in their performance or results; or

(b)compatible with other operations at the mine.

(2)The site senior executive for the mine must ensure the mine has a written procedure or standard work instruction for carrying out the operations.

s 114 amd 2019 SL No. 140 s 21 sch 1

115Accessing current procedures and standard work instructions

The site senior executive for a mine must ensure—

(a)the issue and availability of the mine’s written procedures and standard work instructions are controlled to ensure only current versions are in use; and

(b)each worker at the mine is aware of the current written procedures and standard work instructions for the part of the mine’s operations in which the worker works; and

(c)copies of the current procedures and instructions are available to each worker to whom the procedures and instructions apply.

s 115 amd 2019 SL No. 140 s 21 sch 1

116Written procedures

The site senior executive for a mine must ensure each written procedure for an activity carried out at the mine includes the following information—

(a)the procedure’s purpose;

(b)the activity to which the procedure applies;

(c)the responsibilities of persons involved in the activity;

(d)a description of how the activity must be carried out;

(e)a reference to relevant standard work instructions and other relevant written procedures;

(f)an appropriate identification, including the procedure’s version number and date of issue.

s 116 amd 2019 SL No. 140 s 21 sch 1

117Standard work instructions

(1)The site senior executive for a mine must ensure each standard work instruction for a task at the mine is—

(a)in a form suitable for use at the site where the task is carried out; and

(b)easily understandable by persons carrying out the task; and

(c)as brief and concise as is reasonable.

(2)The site senior executive must ensure the standard work instruction includes the following information—

(a)the purpose of the task;

(b)a description of how the task must be carried out;

(c)a reference to relevant written procedures and other relevant standard work instructions;

(d)an appropriate identification, including the instruction’s version number and date of issue.

s 117 amd 2019 SL No. 140 s 21 sch 1

118Way records must be kept

The site senior executive for a mine must ensure records required to be kept at the mine under the Act are kept in an appropriate way, having regard to the nature and extent of the mine’s operations.

s 118 amd 2019 SL No. 140 s 21 sch 1

119Period for which particular records must be kept

(1)The site senior executive for a mine must ensure the following records about a worker are kept at least until the worker ceases to be employed, or carry out work, at the mine—

(a)each health assessment record and health assessment report;

(b)each fitness assessment record and fitness assessment report;

(c)each personal exposure limit set under section 133.

(2)The site senior executive for a mine must also ensure the following records about a visitor are kept at least until the visitor leaves the mine—

(a)each health assessment record;

(b)each fitness assessment record.

s 119 amd 2019 SL No. 140 s 21 sch 1

120Confidentiality of worker’s medical record

(1)A site senior executive may only obtain a worker’s medical record with the worker’s written consent.

Maximum penalty—30 penalty units.

(2)A site senior executive must not disclose to anyone, other than the worker or someone with the worker’s written consent, the contents of the worker’s medical record.

Example of someone with the worker’s written consent—

the worker’s representative at the workplace

Maximum penalty—30 penalty units.

(3)Subsections (1) and (2) are not safety and health obligations for the Act.

s 120 amd 2019 SL No. 140 s 21 sch 1 amdt 1 (amdt could not be given effect)

121Application of part

This part applies only to winding operations in which a winder of at least 30kW capacity is used.

122Appointment of persons to control winding operations

The site senior executive for a mine must appoint, in writing, 1 or more persons to control winding operations at the mine.

s 122 amd 2019 SL No. 140 s 21 sch 1

123Acknowledgement of appointment

(1)A person appointed to control winding operations at a mine must acknowledge the appointment by notice given to the site senior executive for the mine.

(2)For section 59(1)(e) of the Act, the notice is prescribed as a matter that must be included in the mine record.

s 123 amd 2019 SL No. 140 s 21 sch 1

124Control measures to protect against persons and things falling into shafts

The site senior executive for a mine must ensure control measures are in place at the mine to—

(a)prevent persons, rock, material and other things from falling down a shaft, winze or raise used in winding operations at the mine; and

(b)protect, as far as reasonably practicable, persons in the shaft, winze or raise against falling rock, material and other things.

s 124 amd 2019 SL No. 140 s 21 sch 1

125Conveyances

The site senior executive for a mine must ensure a conveyance used in winding operations at the mine—

(a)is not unintentionally obstructed in its passage in the shaft during the operations; and

(b)is prevented from colliding with other things in the shaft during the operations; and

(c)has ways of preventing persons, rock, material and other things from unintentionally protruding from, or moving in, the conveyance.

s 125 amd 2019 SL No. 140 s 21 sch 1

126Winders

(1)The site senior executive for a mine must ensure a winder used at the mine has ways of—

(a)preventing overwind, overspeed and uncontrolled movement of a conveyance; and

(b)stopping the winder if—

(i)for a drum winder—slack rope happens; or

(ii)for a friction winder—excessive rope slip happens.

(2)The site senior executive must ensure the winder has a backup system for preventing overwind and overspeed of a conveyance.

(3)The site senior executive for a mine must also ensure a winder operating automatically is capable of being stopped from each of the following places—

(a)in the conveyance;

(b)at the brace level;

(c)at each plat;

(d)at each skip loading pocket and skip dump;

(e)at each place where ropes are changed.

s 126 amd 2019 SL No. 140 s 21 sch 1

127Other safety provisions for winding equipment

(1)The site senior executive for a mine must ensure winding equipment used at the mine includes—

(a)as far as reasonably practicable, arrestors or other devices to mitigate the effects of an overwind; and

(b)ways for persons to escape from a stalled conveyance.

(2)The site senior executive must also ensure each rope used for winding—

(a)has an appropriate safety factor, having regard to the operation for which the rope is used; and

(b)is regularly tested to ensure its safe performance.

s 127 amd 2019 SL No. 140 s 21 sch 1

128Monitoring and maintaining winding equipment

The site senior executive for a mine must ensure the mine has written procedures for monitoring and maintaining winding equipment in use at the mine.

s 128 amd 2019 SL No. 140 s 21 sch 1

129Testing winding equipment after particular events

(1)This section applies if a following event happens at a mine—

(a)winding equipment is repaired to an extent that may affect the equipment’s safe operation;

(b)a rope used in winding operations is recapped;

(c)the winder is stopped for more than 8 consecutive hours;

(d)a seismic event that may affect the safety of winding operations.

(2)The site senior executive for the mine must ensure a person is not carried in a conveyance, other than a stage, in the winding operations until—

(a)the conveyance has made 1 trip up and down the shaft through its normal working range at full operating speed; and

(b)the winding equipment has been found to operate safely.

s 129 amd 2019 SL No. 140 s 21 sch 1

130Signalling and communication

(1)The site senior executive for a mine must ensure the mine has a system for effective communication between persons involved in operating, monitoring or using winding equipment at the mine.

(2)If the communication system involves the use of a signals code, the site senior executive must ensure—

(a)each person involved in winding operations at the mine is familiar with the code; and

(b)a copy of the code is displayed—

(i)in view of the winder driver; and

(ii)at each entrance to the shaft.

s 130 amd 2019 SL No. 140 s 21 sch 1

131Health assessment of workers

(1)This section applies if a hazard with potential to cause a significant adverse effect on the safety or health of a person is identified at a mine.

(2)The site senior executive for the mine must ensure—

(a)the physical and medical condition of each worker at the mine is assessed to check, as far as reasonably practicable, for any condition that may impair the worker’s ability to tolerate the hazard without harming the worker or the worker’s future children; and

(b)a record of the assessment (a health assessment record) is kept.

(3)The assessment must be carried out in an appropriate way, including, for example, by a medical examination, having regard to the nature of the hazard.

(4)The assessment must be carried out—

(a)before the worker is exposed to the hazard at the mine; and

(b)periodically, as necessary, to assess changes in the worker’s ability to tolerate the hazard.

(5)If the site senior executive considers the assessment needs to be carried out by a medical examination, the site senior executive must arrange for the assessment to be done by, or under the supervision of, an appropriate doctor.

(5A)The appropriate doctor must give—

(a)the site senior executive a health assessment report; and

(b)the worker a copy and explanation of the report.

(6)The worker’s employer must pay for the worker’s assessment and the health assessment reports.

Maximum penalty—30 penalty units.

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

s 131 amd 2019 SL No. 140 s 21 sch 1

132Health assessment of visitors

The site senior executive for a mine must ensure—

(a)the physical and medical condition of each visitor to the mine is assessed in an appropriate way, including, for example, by a questionnaire, to decide if the visitor has any condition that may impair the visitor’s ability to tolerate a hazard to which the visitor may be exposed at the mine; and

(b)a record of the assessment (also a health assessment record), including, for example, a copy of the questionnaire, is kept.

s 132 amd 2019 SL No. 140 s 21 sch 1

133Exposure limits for workers

(1)This section applies if an assessment of a worker’s health under section 131 shows the worker has an unacceptable level of risk from a hazard at a lower level of exposure than the general exposure limit for the hazard, including, for example, because a personal factor of the worker impairs the worker’s ability to tolerate the hazard.

Example of a personal factor—

fitness, diet, pregnancy, physical disability, allergy or phobia

(2)The site senior executive for the mine must ensure a personal exposure limit is set for the worker for the hazard to reduce the risk to an acceptable level.

s 133 amd 2019 SL No. 140 s 21 sch 1

134Adjusting exposure limits for hazards for workers

(1)This section applies if a hazard is in a mine’s work environment and at least 1 of the following apply to a worker at the mine—

(a)the worker’s work cycle does not conform to the standard work cycle used in establishing the general exposure limit for the hazard;

(b)the worker’s work cycle decreases the rate at which the worker recovers from adverse effects of the hazard;

(c)the effects of a hazard on the worker may increase if the worker does heavy strenuous work or works under adverse climatic conditions.

(2)The site senior executive for the mine must ensure the exposure limit applying to the worker for the hazard is adjusted to account for the circumstances mentioned in subsection (1).

(3)If the national standard for the hazard or NOHSC’s guidance note states a way of adjusting the general exposure limit for the hazard in the circumstances, the site senior executive must ensure the exposure limit applying to the worker for the hazard is adjusted in the stated way.

(4)If the work environment at a mine contains hazards that interact with each other to increase their adverse effects on a worker, the site senior executive must ensure the exposure limits that apply to the worker for the hazards are adjusted to account for the interaction.

(5)In this section—

NOHSC’s guidance note means NOHSC’s document called ‘Guidance Note on the Interpretation of Exposure Standards for Atmospheric Contaminants in the Occupational Environment 3rd edition [NOHSC:3008 (1995)]’.

standard work cycle, generally, means a work cycle consisting of—

(a)a shift of not longer than 8 hours a day; and

(b)not more than 5 shifts a week; and

(c)at least 16 hours between consecutive shifts.

s 134 amd 2019 SL No. 140 s 21 sch 1

135Limiting workers’ exposure

(1)The site senior executive for a mine must ensure a worker’s exposure to a hazard at the mine—

(a)does not exceed the exposure limit applying to the worker for the hazard; and

(b)is as low as reasonably achievable.

(2)This section does not apply to the worker’s exposure to the hazard during an emergency evacuation.

s 135 amd 2019 SL No. 140 s 21 sch 1

136Monitoring workers’ exposure

(1)This section applies to a hazard at a mine—

(a)that has the potential to exceed the exposure limit applying to a worker for the hazard; or

(b)for which the level of risk may vary.

(2)The site senior executive for the mine must ensure the worker’s exposure to the hazard is monitored, and the monitoring results are analysed, regularly.

(3)If a relevant Australian standard or national standard states a way of carrying out the monitoring or analysis, the site senior executive must ensure the monitoring or analysis is done in the stated way.

Examples of a relevant Australian or national standard—

1for inspirable dust—AS 3640 ‘Workplace atmospheres—Method for sampling and gravimetric determination of inhalable dust’

2for lead—NOHSC’s document called ‘National Standard for the Control of Inorganic Lead at Work [NOHSC:1012]’

3for respirable dust—AS 2985 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’

s 136 amd 2019 SL No. 140 s 21 sch 1

137Tampering with monitoring samples and results

A person must not tamper, or allow another person to tamper, with a sample or the results of a sample taken to monitor a worker’s exposure to a hazard at a mine.

139Removing affected worker from work environment

(1)Subsection (2) applies if a worker has effects from a hazard, other than lead, at a mine exceeding the exposure limit applying to the worker for the hazard.

(2)The site senior executive for the mine must ensure the worker is removed from, and does not resume, work involving exposure to a level of the hazard that would increase the effects or prevent the effects decreasing.

(3)The site senior executive for the mine must ensure a worker—

(a)is removed from a lead-risk job if the worker has a blood lead level at or above the worker’s removal level; and

(b)does not resume a lead-risk job until the worker’s blood lead level is less than the level stated for the worker in the inorganic lead standard, section 15(27).

(4)In this section—

inorganic lead standard means NOHSC’s document called ‘National Standard for the Control of Inorganic Lead at Work [NOHSC:1012]’.

lead-risk job, for a worker, means work in which the blood lead level of the worker might reasonably be expected to rise, or does rise, above 1.45µmo/L (30µg/dL) or the worker's removal level, whichever is the lower.

removal level, for a worker, means the removal level stated for the worker in the inorganic lead standard, section 15(24).

s 139 amd 2019 SL No. 140 s 21 sch 1

140Using personal protective equipment

(1)This section applies if a person’s exposure to a hazard at a mine can not be prevented or reduced other than by using personal protective equipment.

(2)The site senior executive for the mine must ensure—

(a)the person is given suitable and effective personal protective equipment; and

(b)the person is competent in using the equipment; and

(c)the person’s work load and work cycles are reduced to allow for the increased physical load of the equipment.

(3)A person who is given personal protective equipment under subsection (2) must use the equipment when the person’s level of risk from the hazard is unacceptable.

s 140 amd 2019 SL No. 140 s 21 sch 1

141Asbestos material installed in buildings and plant

(1)This section applies if asbestos material is installed in a building or plant at a mine.

(2)The site senior executive for the mine must ensure a standard work instruction or 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 work instruction or 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 NOHSC’s document called ‘Code of Practice for the Safe Removal of Asbestos [NOHSC:2002]’.

s 141 amd 2019 SL No. 140 s 21 sch 1

142Asbestos, 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 the 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 NOHSC’s document called ‘Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres 2nd edition [NOHSC:3003 (2005)]’.

s 142 amd 2019 SL No. 140 s 21 sch 1

143Heat

(1)The site senior executive for a mine must ensure the mine has a system for managing the risk to persons from heat in places at the mine where the wet bulb temperature exceeds 27ºC.

(2)The system must provide for setting maximum wet and dry bulb temperature limits for the persons’ exposure having regard to subsection (3) and any criteria stated in a guideline for managing heat.

(3)The site senior executive for a mine must also ensure a person is not exposed to a wet bulb temperature exceeding 34ºC at the mine unless the person is—

(a)engaged in work to reduce the temperature and authorised by the person’s employer or supervisor to carry out the work; or

(b)a mines rescue member carrying out training or emergency response under procedures documented in the system; or

(c)being evacuated in an emergency.

s 143 amd 2019 SL No. 140 s 21 sch 1

144Oxygen

(1)The site senior executive for a mine must ensure a person is not exposed to—

(a)an atmosphere in a confined space on the surface of the mine that has—

(i)an oxygen content of less than 19.5% by volume; or

(ii)an oxygen content of more than 23.5% by volume; or

(b)an atmosphere in any other part of the mine that has an oxygen content of less than 18% by volume.

(2)In this section—

confined space means a confined space as defined in AS 2865 ‘Confined Spaces’.

s 144 amd 2019 SL No. 140 s 21 sch 1

145Radiation

(1)This section applies if a person in a mine’s work or local environment is likely to be exposed, above acceptable limits, to radiation from a naturally occurring radioactive substance at the mine.

(2)The site senior executive for the mine must ensure—

(a)the mine has a system to provide for the safe management of the radiation; and

(b)the system is complied with.

s 145 amd 2019 SL No. 140 s 21 sch 1

ch 2 pt 14 div 3 hdg ins 2020 SL No. 108 s 12

ch 2 pt 14 div 3 hdg ins 2020 SL No. 108 s 12

145ADefinitions for division

In this division—

additional examination means an examination mentioned in this section, definition respiratory health examination, paragraph (f).

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.

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.

former worker see section 145J.

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.

further surveillance period, for a person, means—

(a)within 5 years after the most recent respiratory health surveillance was carried out for the person; or

(b)if the most recent health surveillance report for the person, or an appropriate doctor in consultation with the site senior executive, recommends respiratory health surveillance be carried out for the person within a period of less than 5 years—

(i)the period recommended; or

(ii)if there are 2 or more recommendations—the shortest of the periods recommended.

health surveillance report means information, other than a medical record, about—

(a)the effects on a person’s health related to the person’s exposure to a hazard at a mine; and

(b)the need, if any, for remedial action.

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.

respiratory health examination, for a person, means each of the following—

(a)a chest examination;

(b)a spirometry;

(c)a comparative assessment of the person’s spirometry if the results of 1 or more previous spirometries for the person are available;

(d)a chest x-ray examination;

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

(f)another examination the relevant appropriate doctor considers is necessary for the early detection of injury or illness to the person’s respiratory system.

respiratory health surveillance, for a person, means health surveillance that includes all of the respiratory health examinations for the person.

s 145A ins 2020 SL No. 108 s 12

ch 2 pt 14 div 3 hdg ins 2020 SL No. 108 s 12

145B Requirement to arrange health surveillance

The site senior executive for a mine must arrange for health surveillance of a worker at the mine if the site senior executive reasonably believes, or ought reasonably to believe—

(a)exposure to a hazard at the mine may cause, or result in, an adverse health effect; and

(b)the health effect may happen under the worker’s work conditions; and

(c)either—

(i)a valid technique capable of detecting signs of the health effect exists; or

(ii)a valid biological monitoring procedure is available to detect changes from the current accepted values for the hazard.

Examples of changes from current accepted values—

•a higher than normal blood level of lead caused by exposure to substances containing lead

•a raised urinary mercury level caused by exposure to mercury vapour

s 145B ins 2020 SL No. 108 s 12

145C Requirement to arrange respiratory health surveillance

(1)The site senior executive for a mine must arrange, under subdivision 3, for respiratory health surveillance or a respiratory health examination of a person who becomes, is or stops being a worker at the mine.

(2)Subsection (1) does not apply to a person whose current or previous exposure to hazards is shown by a risk assessment to create a risk to the person’s respiratory system so minimal that it can be managed effectively without respiratory health surveillance being carried out for the person.

s 145C ins 2020 SL No. 108 s 12

145D Matters about carrying out health surveillance

(1)This section applies if the site senior executive for a mine must arrange for health surveillance or a respiratory health examination of a person under section 145B or 145C.

(2)The site senior executive must arrange for the health surveillance or respiratory health examination to be done by, or under the supervision of, an appropriate doctor.

(3)The appropriate doctor must give—

(a)a copy of the health surveillance report for the health surveillance or respiratory health examination to the site senior executive; and

(b)a copy and explanation of the health surveillance report for the health surveillance or respiratory health examination to—

(i)the person; and

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

(4)The employer of a worker or the potential employer of a person who becomes a worker must pay for the worker’s or person’s health surveillance or respiratory health examination and the health surveillance reports.

Maximum penalty—30 penalty units.

(5)Subsection (4) is not a safety and health obligation for the Act.

s 145D ins 2020 SL No. 108 s 12

145E Keeping health surveillance reports

(1)The site senior executive for a mine must ensure a health surveillance report obtained under this subdivision is kept for the following period—

(a)for a hazard with a cumulative or delayed effect—30 years;

Examples—

silica, noise or vibration

(b)for another hazard—7 years.

(2)If the mine ceases operations in the period the health surveillance report is required to be kept under subsection (1), the site senior executive must ask for, and comply with, the CEO’s directions about the report’s storage.

s 145E ins 2020 SL No. 108 s 12

ch 2 pt 14 div 3 hdg ins 2020 SL No. 108 s 12

145F Respiratory health surveillance for persons who become workers

(1)This section applies in relation to a person who becomes a worker at a mine.

(2)Respiratory health surveillance must be carried out for the person—

(a)if respiratory health surveillance has not previously been carried out for the person—before the person becomes a worker at the mine; or

(b)if respiratory health surveillance has previously been carried out for the person—within the further surveillance period for the person.

(3)However, if the respiratory health surveillance is to include an additional examination and the additional examination can not be carried out within the period stated in subsection (2), the additional examination must be carried out as soon as practicable after the end of the period.

s 145F ins 2020 SL No. 108 s 12

145G Respiratory health surveillance for persons who are workers

(1)This section applies in relation to a person who is a worker.

(2)Respiratory health surveillance must be carried out for the person within the further surveillance period for the person.

(3)However, if the respiratory health surveillance is to include an additional examination and the additional examination can not be carried out within the further surveillance period, the additional examination must be carried out as soon as practicable after the end of the period.

(4)Subsection (5) applies if the most recent health surveillance report for the person, or an appropriate doctor in consultation with the site senior executive, recommends a particular respiratory health examination be carried out for the person before respiratory health surveillance is carried out for the person under subsection (2).

(5)The respiratory health examination must be carried out within the period recommended by the report or appropriate doctor.

s 145G ins 2020 SL No. 108 s 12

145H Respiratory health surveillance for persons who stop being workers

(1)This section applies to a person who—

(a)permanently stops being a worker; and

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

(c)during the 3 years before the person stops being a worker, did not have respiratory health surveillance.

(2)The person may ask the employer for respiratory health surveillance to be carried out—

(a)during the 6-month period that begins 3 months before the person stops being a worker; and

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

(3)If a person asks for respiratory health surveillance under subsection (2), the respiratory health surveillance must be carried out—

(a)within the period mentioned in subsection (2)(a); and

(b)at the time or times mentioned in subsection (2)(b).

s 145H ins 2020 SL No. 108 s 12

145I Delaying respiratory health examinations

(1)This section applies if an appropriate doctor considers the risk to any person from delaying a respiratory health examination to be lower than the risk to the person undergoing the examination of an adverse health effect of the examination.

Example—

An appropriate doctor may consider the risk to a pregnant 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 145F(2) and (3), 145G(2), (3) and (5) and 145H(3), the respiratory health examination may be carried out up to 1 year after the period provided for in those provisions.

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

(4)In this section—

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

s 145I ins 2020 SL No. 108 s 12

ch 2 pt 14 div 3 hdg ins 2020 SL No. 108 s 12

145J Application of subdivision

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

(a)has permanently stopped being a worker; and

(b)was a worker for at least 3 years.

s 145J ins 2020 SL No. 108 s 12

145K Request for respiratory health surveillance by former workers

(1)A former worker may ask the CEO for respiratory health surveillance of the worker.

(2)However, a former worker may not ask for respiratory health surveillance until at least 5 years after the former worker’s last respiratory health surveillance.

(3)Subsection (2) does not apply if—

(a)the most recent health surveillance report for the former worker recommends respiratory health surveillance be carried out within a period of less than 5 years; or

(b)the former worker gives the CEO a medical certificate signed by a doctor stating the worker has symptoms that may indicate injury or illness to the worker’s respiratory system caused by exposure to a hazard at a mine.

s 145K ins 2020 SL No. 108 s 12

145L CEO must arrange for respiratory health surveillance for former workers

The CEO must, as soon as practicable after receiving the request under section 145K(1), arrange for the respiratory health surveillance to be done by, or under the supervision of, an appropriate doctor.

s 145L ins 2020 SL No. 108 s 12

145MDelaying respiratory health examinations

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

Example—

An appropriate 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 145L, the respiratory health examination may be carried out up to 1 year after the CEO receives the request.

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

(4)In this section—

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

s 145M ins 2020 SL No. 108 s 12

145NOther matters about respiratory health surveillance for former workers

(1)The CEO must ensure the appropriate doctor gives—

(a)a copy of the health surveillance report for the respiratory health surveillance, and the information or documents on which the report was based, to the CEO; and

(b)a copy and explanation of the health surveillance report for the respiratory health surveillance to—

(i)the former worker; and

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

(2)The CEO must pay for—

(a)the respiratory health surveillance; and

(b)the giving of the copies and explanations of the report, and the information or documents, under subsection (1).

s 145N ins 2020 SL No. 108 s 12

146Access to Act and regulation

The site senior executive for a mine must ensure a copy of the Act and this regulation is kept at the mine in a location that is easily accessible by each person at the mine.

s 146 amd 2019 SL No. 140 s 21 sch 1

147Workers’ access to guidelines

The site senior executive for a mine must ensure a copy of the current guideline for work carried out at the mine is available to, and easily accessible by, each worker carrying out the work at the mine.

s 147 amd 2019 SL No. 140 s 21 sch 1

148Prohibited substances

The site senior executive for a mine must ensure a prohibited substance mentioned in schedule 3, column 1 is not used at the mine for a prohibited purpose mentioned in schedule 3, column 2 opposite the name of the substance.

s 148 amd 2019 SL No. 140 s 21 sch 1

ch 2A hdg ins 2022 SL No. 69 s 8

148A Purpose of chapter

This chapter prescribes requirements for section 262(2)(i) of the Act.

s 148A ins 2022 SL No. 69 s 8

148B Definitions for chapter

In this chapter—

CPD activity, in relation to a certificate of competency or site senior executive notice, see section 148E(1).

CPD hours, for a CPD activity that has been successfully completed by a relevant holder, means the number of hours worked out in accordance with the practising certificate scheme.

CPD period, for a relevant holder, means a period stated for the holder in the practising certificate scheme under section 148E(3)(d).

CPD total hours, for a relevant holder, see section 148E(3)(c).

practising certificate see section 148E(3)(e).

practising certificate scheme see section 148E(2).

relevant holder means the holder of a certificate of competency or site senior executive notice.

s 148B ins 2022 SL No. 69 s 8

148C Requirement to complete CPD

A relevant holder must complete, for each CPD period and in accordance with the practising certificate scheme—

(a)the CPD total hours for the relevant holder; and

(b)each CPD activity identified in the practising certificate scheme as mandatory for the relevant holder.

Maximum penalty—3 penalty units

s 148C ins 2022 SL No. 69 s 8

148D Notice of completion

As soon as practicable after completing CPD hours for a CPD activity, a relevant holder must give the board of examiners—

(a) a notice stating the CPD activity for which the CPD hours were completed; and

(b)if required under the practising certificate scheme—evidence of the holder’s successful completion of the CPD hours.

Maximum penalty—3 penalty units

s 148D ins 2022 SL No. 69 s 8

148E Approval of CPD activities and publication of practising certificate scheme

(1)The board of examiners may approve an activity as a CPD activity for a certificate of competency or site senior executive notice if the board is satisfied the activity is relevant to the competencies required by a holder of the certificate or notice.

(2)The board of examiners must publish, on a Queensland government website, a scheme (the practising certificate scheme) about continuing professional development for relevant holders.

(3)The practising certificate scheme must state the following matters—

(a)for each CPD activity for a certificate of competency or site senior executive notice—

(i)the name of the activity; and

(ii)whether the activity is mandatory for holders of the certificate or notice; and

(iii)the minimum and maximum number of CPD hours for the activity for a CPD period for a relevant holder; and

(iv)when a relevant holder may undertake the activity;

(b)in relation to a notice required under section 148D—

(i)how a relevant holder may give the notice; and

(ii)whether and, if so, how the holder must evidence successful completion of CPD hours for a CPD activity;

(c)the total number of CPD hours for CPD activities that a relevant holder must complete during each CPD period for the holder (CPD total hours);

(d)the first and last day of each CPD period for a relevant holder;

(e)provisions relating to the issue, by the board of examiners to a relevant holder, of a certificate about continuing professional development (a practising certificate);

(f)any other information the board decides is relevant to the continuing professional development of relevant holders.

s 148E ins 2022 SL No. 69 s 8

149Declarations about mines—Act, s 9

(1)For section 9(1)(e) of the Act, each place mentioned in schedule 4, part 1 is declared to be a mine.

(2)For section 9(4) of the Act, each place mentioned in schedule 4, part 2 is declared to be a mine or part of a mine to which the Act does not apply.

150Number of persons for giving facility description—Act, s 47

For section 47(1)(b) of the Act, the prescribed number of persons is—

(a)for section 47(1)(b)(i)—5; or

(b)for section 47(1)(b)(ii)—4.

150AA Information to be included in register—Act, s 185

For section 185(2)(c) of the Act, the following information is prescribed for a certificate of competency or a site senior executive notice—

(a)if the holder of the certificate or notice completes the holder’s CPD total hours for a CPD period—the day the holder completed the CPD total hours;

(b)if the holder does not complete the holder’s CPD total hours for a CPD period—that the holder did not complete the CPD total hours;

(c)if a practising certificate has been issued to the holder—the day the certificate was issued.

s 150AA ins 2022 SL No. 69 s 9

150ACivil penalties—Act, ss 246E and 246F

(1)For section 246E of the Act, definition civil penalty obligation, the safety and health obligations and other obligations mentioned in schedule 5A are prescribed.

(2)For section 246F(3) of the Act, the category of a civil penalty obligation is—

(a)for an obligation mentioned in schedule 5A, part 1—category 1; or

(b)for an obligation mentioned in schedule 5A, part 2—category 2; or

(c)for an obligation mentioned in schedule 5A, part 3—category 3.

s 150A ins 2018 Act No. 28 s 98

151Board of examiners’ fees

The fees payable to the board of examiners under the Act are stated in schedule 6, part 1.

ch 4 pt 1 hdg ins 2019 SL No. 140 s 17

152Definition

In this chapter—

repealed regulation means the Mining and Quarrying Safety and Health Regulation 2001.

153Documents

(1)A document, including an electronic document, made under the repealed regulation for a particular purpose that is still current and relevant for the same purpose is taken, for that purpose, to have been made under this regulation.

(2)If the context requires, the document is taken to have taken effect, to have been made, or to have been given or received, when the document took effect, was made or was given or received under the repealed regulation.

(3)In this section—

document includes—

(a)an acknowledgement; and

(b)an approved form; and

(c)an assessment; and

(d)an authorisation; and

(e)a certification; and

(f)a consent; and

(g)a delegation; and

(h)a direction; and

(i)a document of appointment; and

(j)a document that forms part of a mine record; and

(k)a document that forms part of a safety and health management system; and

(l)a notice; and

(m)a notification; and

(n)a plan; and

(o)a procedure; and

(p)a record; and

(q)a register; and

(r)a report; and

(s)the results of an examination; and

(t)a safety and health census.

154Processes

(1)A process undertaken under the repealed regulation before the commencement is taken to be a process undertaken under this regulation.

(2)A process started under the repealed regulation that was not completed before the commencement may be continued under this regulation.

(3)In this section—

process includes—

(a)a practice; and

(b)a measure; and

(c)an investigation; and

(d)a risk management process; and

(e)an election process.

155Safety and health fee

(1)After the commencement, the amount of the safety and health fee that accrued for a period before the commencement, is to be worked out using information included in a safety and health census under section 11D, as if the repeal had not happened.

(2)The amount of the safety and health fee that accrued under the repealed regulation is payable under section 11C as if the repeal had not happened.

156Notice if safety and health census not given or is inadequate

The chief executive may give a notice under section 11E in relation to a safety and health census given, or not given, in relation to a period before the commencement.

157Late or unpaid fees

Sections 11F and 11G apply to any amount that, immediately before the commencement, was unpaid under section 11F or 11G of the repealed regulation, including an amount that is unpaid because the safety and health census had not been given as required under section 11D or 11F.

158Refund of overpayment of safety and health fee

Section 11H applies to any amount overpaid under the repealed regulation.

160Exposure limits

An exposure limit in effect for a worker immediately before the commencement continues to apply to the worker on the commencement.

161Obligation to do things within or for stated period

(1)This section applies if—

(a)before the commencement, a person was required to do something, under a provision of the repealed regulation, within or for a stated period; and

(b)immediately before the commencement, the stated period had not expired.

Example of a requirement for subsection (1)—

a requirement to keep a record or to give a safety and health census or a notice

(2)The provision of this regulation that corresponds to the provision of the repealed regulation applies to the doing of the thing as if the provision had been in force when the period started.

162Obligation to do things indefinitely

(1)This section applies if, before the commencement, a person was required to do something under a provision of the repealed regulation for an indefinite period.

(2)The provision of this regulation that corresponds to the provision of the repealed regulation applies to the doing of the thing as if the provision had been in force when the period started.

163References to repealed regulation

In an instrument, if the context permits, a reference to the repealed regulation is taken to be a reference to this regulation.

164Obligations, accountabilities and directions

The repeal of the repealed regulation does not affect an obligation, accountability or direction held, acquired or received by a person under the repealed regulation.

165Acts of persons

An act of a person under the repealed regulation is taken to be an equivalent act under this regulation.

ch 4 pt 2 hdg ins 2019 SL No. 140 s 18

166Definitions for part

In this part—

former, for a provision, means as in force before the commencement.

new, for a provision, means as in force from the commencement.

s 166 ins 2019 SL No. 140 s 18

167Existing hazardous substances and dangerous goods at mine

(1)This section applies in relation to—

(a)a hazardous substance, as defined under former schedule 7, at a mine before the commencement; and

(b)dangerous goods, as defined under former schedule 7, at a mine before the commencement; and

(c)any thing containing, or being used to transport at a mine—

(i)a hazardous substance mentioned in paragraph (a); or

(ii)dangerous goods mentioned in paragraph (b).

(2)The site senior executive for the mine must comply with former section 53 in relation to the substance, goods or thing as if the Mining Legislation (Classification of Chemicals) Amendment Regulation 2019 had not commenced.

s 167 ins 2019 SL No. 140 s 18

168Existing standard work instruction relating to hazardous substances and dangerous goods

(1)This section applies to a standard work instruction—

(a)complying with former section 55 or 58; and

(b)in effect immediately before the commencement.

(2)During the transition period, the standard work instruction is taken to be a standard work instruction complying with new sections 55 and 58.

(3)However, a site senior executive for a mine to whom new section 55 applies must start to develop a standard work instruction complying with new section 55 no later than 2 months after the commencement.

(4)Also, a site senior executive for a mine to whom new section 58 applies must start to develop a standard work instruction complying with new section 58 no later than 2 months after the commencement.

(5)In this section—

transition period means the period—

(a)starting on the commencement; and

(b)ending 6 months after the commencement.

s 168 ins 2019 SL No. 140 s 18

ch 4 pt 3 hdg ins 2020 SL No. 69 s 20

169Requirement to keep records of information included in safety and health census

The requirements under section 11DC relating to the keeping of records of information included in a safety and health census apply only if the safety and health census is for a reporting period that starts after the commencement.

s 169 ins 2020 SL No. 69 s 20

ch 4 pt 4 hdg ins 2020 SL No. 108 s 13

170Definition for part

In this part—

pre-amended regulation means this regulation as in force before the commencement.

s 170 ins 2020 SL No. 108 s 13

171Persons for whom health surveillance before commencement included respiratory health surveillance

(1)This section applies if—

(a)on or within 2 years after the commencement, section 145C applies in relation to a person; and

(b)health surveillance was carried out for the person under the pre-amended regulation; and

(c)the health surveillance included respiratory health surveillance.

(2)The health surveillance is taken to be respiratory health surveillance for the person for chapter 2, part 14, division 3, subdivision 3.

(3)The next respiratory health surveillance must be carried out for the person under chapter 2, part 14, division 3, subdivision 3 before the later of the following—

(a)5 years after the health surveillance was carried out for the person under the pre-amended regulation;

(b)2 years after the commencement.

s 171 ins 2020 SL No. 108 s 13

172Persons for whom health surveillance before commencement included some but not all respiratory health examinations

(1)This section applies if—

(a)on or within 2 years after the commencement, section 145C applies in relation to a person; and

(b)health surveillance was carried out for the person under the pre-amended regulation; and

(c)the health surveillance included 1 or more but not all of the respiratory health examinations.

(2)Respiratory health surveillance must be carried out for the person under chapter 2, part 14, division 3, subdivision 3 within 2 years after the commencement.

(3)A respiratory health examination carried out for the person within 3 years before the commencement is taken to have been carried out for the respiratory health surveillance under chapter 2, part 14, division 3, subdivision 3.

Example—

Health surveillance was carried out for a worker before the commencement and the health surveillance included all respiratory health examinations other than a further reading of a chest x-ray. The respiratory health examinations that were included in the health surveillance are taken to have been carried out for the respiratory health surveillance for the worker under chapter 2, part 14, division 3, subdivision 3. This means only a further reading of a chest x-ray is needed to be carried out under that subdivision.

(4)If respiratory health surveillance carried out for a person under subsection (2) does not include a respiratory health examination as provided under subsection (3), the person’s respiratory health surveillance under subsection (2) is taken to have been carried out when the first respiratory health examination forming part of the respiratory health surveillance was carried out.

s 172 ins 2020 SL No. 108 s 13

173Other persons to whom section 145C applies

(1)This section applies if—

(a)on or within 2 years after the commencement, section 145C applies in relation to a person; and

(b)neither section 171 nor section 172 applies to the person.

(2)Respiratory health surveillance must be carried out for the person under chapter 2, part 14, division 3, subdivision 3 within 2 years after the commencement.

s 173 ins 2020 SL No. 108 s 13

174Application of s 145H

Section 145H applies only to a person who permanently stops being a worker after the commencement.

s 174 ins 2020 SL No. 108 s 13

175Application of ch 2, pt 14, div 3, sdiv 4

Chapter 2, part 14, division 3, subdivision 4 applies to a person whether the person permanently stopped being a worker before or after the commencement.

s 175 ins 2020 SL No. 108 s 13

ch 4 pt 5 hdg ins 2022 SL No. 69 s 10

176Application of CPD requirements during transitional period

(1)Sections 148C and 148D do not apply to a holder of a certificate of competency or site senior executive notice during the transitional period.

(2)Subsection (1) does not prevent the holder doing any of the following things during the transitional period—

(a)obtaining a practising certificate;

(b)completing CPD activities for the holder’s certificate of competency or site senior executive notice;

(c)giving the board of examiners notice, and evidence, of completed CPD activities as mentioned in section 148D.

(3)In this section—

transitional period means the period starting on the commencement and ending on the day that is 3 years after the commencement.

s 176 ins 2022 SL No. 69 s 10

section 12A

1theft or other loss of explosive

2the entrapment of a person

3an incident causing an emergency evacuation of the mine or part of it, other than as part of a training exercise

4a catastrophic or major structural failure of plant

5one of the following incidents, if the incident has the potential to cause a significant adverse effect on the safety or health of a person—

(a)a fire;

(b)an inrush;

(c)damage to, or failure of, haulage winding of lifting equipment;

(d)an unplanned movement of, or a failure to stop, a vehicle;

(e)the failure in service of explosion protection or explosive-protected plant;

(f)a failure of electrical equipment or an electrical installation;

(g)a failure of ground control support or reinforcement;

(h)the exposure of a person to a hazardous chemical;

(i)an electric shock to a person;

(j)an unplanned immersion of a person in liquid or fluid;

(k)an unplanned movement of earth or rock;

(l)a structural failure of plant;

(m)an unplanned ignition or explosion of gas, dust or explosive;

(n)a spontaneous combustion of a material in an underground mine;

(o)an unforeseen incident the site senior executive considers appropriate to be reported

sch 1 amd 2019 SL No. 140 s 21sch 1

section 12B

asbestosis

chronic obstructive pulmonary disease

legionellosis

occupational asthma

occupational cancer

silicosis

section 13

1a type of high potential incident mentioned in schedule 1

2an incident causing the death of a person

3an incident causing a person to be admitted to a hospital as an in-patient for treatment

4an incident causing a person to suffer an injury causing, or likely to cause, a permanent injury to the person’s health

5an incident causing a person to become unconscious

a type of serious accident or high potential incident mentioned in part 1 of this schedule

section 49A, definition GHS

sch 2A hdg ins 2019 SL No. 140 s 19

1Purpose of this schedule

The tables in this schedule replace some of the tables in the GHS.

Note—

See the definition of GHS in section 49A.

Table 1	Classification of mixtures containing respiratory or skin sensitisers
	Cut-off values/concentration limits of ingredients of a mixture classified as either a respiratory sensitiser or a skin sensitiser that would trigger classification of the mixture.

Item	Ingredient classification	Mixture classification
		Skin sensitiser	Respiratory sensitiser
		All physical states	Solid / liquid	Gas
1	Skin sensitiser Category 1	≥ 1.0%
2	Skin sensitiser Subcategory 1A	≥ 0.1%
3	Skin sensitiser Subcategory 1B	≥ 1.0%
4	Respiratory sensitiser Category 1		≥ 1.0%	≥ 0.2%
5	Respiratory sensitiser Subcategory 1A		≥ 0.1%	≥ 0.1%
6	Respiratory sensitiser Subcategory 1B		≥ 1.0%	≥ 0.2%

Note—

Table 1 replaces table 3.4.5 in the GHS, p. 151.

Table 2	Classification of mixtures containing carcinogens
	Cut-off values/concentration limits of ingredients of a mixture classified as a carcinogen that would trigger classification of the mixture.
Item	Ingredient classification	Mixture classification
		Category 1A carcinogen	Category 1B carcinogen
1	Category 1 carcinogen	≥ 0.1%
2	Category 2 carcinogen		≥ 1.0%

Notes—

1The concentration limits in table 2 apply to solids and liquids (w/w units) and gases (v/v units).

2Table 2 replaces table 3.6.1 in the GHS, p. 166.

Table 3	Classification of mixtures containing reproductive toxicants
	Cut-off values/concentration limits of ingredients of a mixture classified as a reproductive toxicant or for effects on or via lactation that would trigger classification of the mixture.

Item	Ingredient classification	Mixture classification
		Category 1 reproductive toxicant	Category 2 reproductive toxicant	Additional category for effects on or via lactation
1	Category 1 reproductive toxicant	≥ 0·3%
2	Category 2 reproductive toxicant		≥ 3·0%
3	Additional category for effects on or via lactation			≥ 0·3%

Notes—

1The concentration limits in table 3 apply to solids and liquids (w/w units) and gases (v/v units).

2Table 3 replaces table 3.7.1 in the GHS, p. 180.

Table 4	Classification of mixtures containing specific target organ toxicants (single exposure)
	Cut-off values/concentration limits of ingredients of a mixture classified as a specific target organ toxicant that would trigger classification of the mixture.

Item	Ingredient classification	Mixture classification
		Category 1	Category 2
1	Category 1 specific target organ toxicant	Concentration ≥10%	1.0%≤ concentration < 10%
2	Category 2 specific target organ toxicant		Concentration ≥10%

Notes—

1The concentration limits in table 4 apply to solids and liquids (w/w units) and gases (v/v units).

2Table 4 replaces table 3.8.2 in the GHS, p. 192.

Table 5	Classification of mixtures containing specific target organ toxicants (repeated exposure)
	Cut-off values/concentration limits of ingredients of a mixture classified as a specific target organ toxicant that would trigger classification of the mixture.

Item	Ingredient classification	Mixture classification
		Category 1	Category 2
1	Category 1 specific target organ toxicant	Concentration ≥10%	1.0%≤ concentration < 10%
2	Category 2 specific target organ toxicant		Concentration ≥10%

Notes—

1The concentration limits in table 5 apply to solids and liquids (w/w units) and gases (v/v units).

2Table 5 replaces table 3.9.3 in the GHS, p. 203.

sch 2A s 1 ins 2019 SL No. 140 s 19

section 49A, definition safety data sheet

sch 2B hdg ins 2019 SL No. 140 s 19

1Safety data sheet—content

(1)A safety data sheet for a hazardous chemical or dangerous goods must—

(a)contain unit measures expressed in Australian legal units of measurement under the National Measurement Act 1960 (Cwlth); and

(b)state the date it was last reviewed or, if it has not been reviewed, the date it was prepared; and

(c)state the name, and the Australian address and business telephone number of—

(i)the manufacturer of the chemical or goods; or

(ii)the importer of the chemical or goods, who must be resident in Australia; and

(d)state an Australian business telephone number from which information about the chemical or goods can be obtained in an emergency; and

(e)be in English.

(2)A safety data sheet for a hazardous chemical or dangerous goods must state the following information about the chemical or goods—

(a)Section 1: Identification: Product identifier and chemical identity;

(b)Section 2: Hazard(s) identification;

(c)Section 3: Composition and information on ingredients, in accordance with schedule 2C;

(d)Section 4: First aid measures;

(e)Section 5: Firefighting measures;

(f)Section 6: Accidental release measures;

(g)Section 7: Handling and storage, including how the chemical or goods may be safely used;

(h)Section 8: Exposure controls and personal protection;

(i)Section 9: Physical and chemical properties;

(j)Section 10: Stability and reactivity;

(k)Section 11: Toxicological information;

(l)Section 12: Ecological information;

(m)Section 13: Disposal considerations;

(n)Section 14: Transport information;

(o)Section 15: Regulatory information;

(p)Section 16: Any other relevant information.

(3)The safety data sheet must use the headings and be set out in the order set out in subsection (2).

(4)The safety data sheet must be in English.

Note—

Section 49A, definition safety data sheet provides that section 2 will apply instead of section 1 in particular cases.

sch 2B s 1 ins 2019 SL No. 140 s 19

2Safety data sheet—research chemical, waste product or sample for analysis

A safety data sheet for a hazardous chemical that is a research chemical, waste product or sample for analysis must—

(a)be in English; and

(b)state the name, Australian address and business telephone number of—

(i)the manufacturer of the chemical; or

(ii)the importer of the chemical, who must be resident in Australia; and

(c)state that full identification or hazard information is not available for the chemical, and in the absence of full identification or hazard information, a precautionary approach must be taken by a person using, handling or storing the chemical; and

(d)state the chemical identity or structure of the chemical or its chemical composition, as far as is reasonably practicable; and

(e)state any known or suspected hazards related to the chemical; and

(f)state any precautions that a person using, handling or storing the chemical must take to the extent that the precautions have been identified.

sch 2B s 2 ins 2019 SL No. 140 s 19

schedule 2B, section 1(2)(c)

sch 2C hdg ins 2019 SL No. 140 s 19

1Purpose of this schedule

This schedule sets out the way in which the ingredients of a hazardous chemical or dangerous goods must be disclosed in Section 3: Composition and information on ingredients, in accordance with schedule 2C, of a safety data sheet prepared under this regulation.

Note—

See schedule 2B, section 1(2)(c).

sch 2C s 1 ins 2019 SL No. 140 s 19

2Identity of ingredients to be disclosed

(1)This section applies if an ingredient in a hazardous chemical or dangerous goods causes the correct classification of the chemical or goods to include a hazard class and hazard category mentioned in table 1.

(2)The identity of the ingredient must be disclosed in English on the safety data sheet for the chemical or goods.

Table 1

Column 1	Column 2	Column 3
Item	GHS hazard class	GHS hazard category
1	Acute toxicity—oral	Category 1
		Category 2
		Category 3
		Category 4
2	Acute toxicity—dermal	Category 1
		Category 2
		Category 3
		Category 4
3	Acute toxicity—inhalation	Category 1
		Category 2
		Category 3
		Category 4
4	Respiratory sensitiser	Category 1
5	Skin sensitiser	Category 1
6	Mutagenicity	Category 1A
		Category 1B
		Category 2
7	Carcinogenicity	Category 1A
		Category 1B
		Category 2
8	Toxic to reproduction	Category 1A
		Category 1B
		Category 2
		Additional category for effects on or via lactation
9	Target organ toxicity—single exposure	Category 1
		Category 2
		Category 3
10	Target organ toxicity—repeat exposure	Category 1
		Category 2
11	Aspiration hazards	Category 1
12	Skin corrosion or irritation	Category 1A
		Category 1B
		Category 1C
		Category 2
13	Serious eye damage or eye irritation	Category 1
		Category 2A

sch 2C s 2 ins 2019 SL No. 140 s 19

3Generic names used to disclose identity of ingredients

(1)This section applies if an ingredient of a hazardous chemical or dangerous goods must be disclosed under section 2.

(2)The ingredient—

(a)may be disclosed by its generic name if—

(i)the ingredient causes the correct classification of the chemical or goods to include a hazard class and hazard category mentioned in table 2; and

(ii)the ingredient does not cause the correct classification of the chemical or goods to include any other hazard class and hazard category in section 2, table 1; and

(iii)the identity of the ingredient is commercially confidential; and

(iv)an exposure standard for the ingredient has not been established; or

(b)in any other case—must be disclosed by its chemical identity.

Table 2

Column 1	Column 2
Item	Hazard class and hazard category
1	Acute toxicity (category 4)
2	Aspiration hazard (category 1)
3	Serious eye damage or eye irritation (category 2A)
4	Skin corrosion or irritation (category 2)
5	Specific target organ toxicity (single exposure) (category 3)

(3)In this section—

exposure standard means an exposure standard in the ‘Workplace Exposure Standards for Airborne Contaminants’ published by Safe Work Australia.

Safe Work Australia means Safe Work Australia as established under the Safe Work Australia Act 2008 (Cwlth), section 5.

sch 2C s 3 ins 2019 SL No. 140 s 19

4Disclosing proportions of ingredients

(1)This section applies if an ingredient of a hazardous chemical or dangerous goods must be disclosed under section 2.

(2)The proportion of the ingredient to the chemical or goods must be disclosed—

(a)if the exact proportion of the ingredient is not commercially confidential—as the exact proportion of the chemical, expressed as a percentage by weight or volume; or

(b)if the exact proportion of the ingredient is commercially confidential—as 1 of the following ranges within which the exact proportion fits, expressed as a percentage by weight or volume—

(i)< 10%;

(ii)10–30%;

(iii)30–60%;

(iv)> 60%;

(v)a range that is narrower than the range set out in subparagraph (i), (ii), (iii) or (iv).

sch 2C s 4 ins 2019 SL No. 140 s 19

schedule 7, definition correct classification

sch 2D hdg ins 2019 SL No. 140 s 19

1Correct classification of substance, mixture or article

(1)A substance or mixture (other than a research chemical, sample for analysis or waste product) is correctly classified if a determination is made about whether the substance or mixture can be classified into a hazard class under the GHS including a mixture classification mentioned in schedule 2A.

Note—

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

(2)A substance or mixture that is a research chemical, sample for analysis or waste product is correctly classified if, so far as is reasonably practicable having regard to the known or suspected properties of the substance or mixture—

(a)a determination is made about the identity of the substance or mixture; and

(b)a determination is made about whether the substance or mixture can be classified into a hazard class under the GHS.

(3)An article that contains a substance or mixture that may be released during the use, handling or storage of the article is correctly classified if the substance or mixture is correctly classified.

sch 2D s 1 ins 2019 SL No. 140 s 19

section 148

section 149

1a part of a mine where electrical works owned by an electricity entity, other than RTA Weipa Pty Ltd ABN 54 137 266 285, are located

2a part of a mine on or adjacent to mining lease 8058, held by Mount Isa Mines Limited ACN 87 009 661 447, where the Mount Isa Water Board carries out activities in connection with providing water for the City of Mount Isa or operations on or adjacent to the mining lease

Note—

The area where the Mount Isa Water Board carries out the activities is shown outlined in red on Mount Isa Mines Limited plan number MIWB DME 1 held by the department.

schedule 7, definition general exposure limit

sch 5 amd 2020 SL No. 169 s 7; 2021 SL No. 75 s 17

section 150A

1the safety and health obligation under section 39(1)(c) of the Act to develop a safety and health management system for a mine at which more than 10 workers are employed

1the safety and health obligation under section 136(2) of this regulation (relating to monitoring for exposure to hazards)

1the safety and health obligation under section 39(1)(c) of the Act to implement a safety and health management system for a mine that includes the procedures or standard work instructions mentioned in sections 42, 47, 55, 58, 70, 71, 72, 79, 128 and 141 of this regulation

2the obligations under section 131 and chapter 2, part 14, division 3, subdivision 2 of this regulation (relating to health assessments, health surveillance and respiratory health examinations)

3the obligations under section 195 of the Act, other than section 195(7)(relating to notifying accidents, incidents, deaths or diseases)

sch 5A ins 2018 Act No. 28 s 99

amd 2019 SL No. 221 s 26; 2020 SL No. 108 s 14

sections 11C, 11F and 151

sch 6 sub 2018 SL No. 63 s 43; 2019 SL No. 80 s 43

amd 2019 SL No. 221 s 27

sub 2020 SL No. 107 s 34; 2021 SL No. 75 s 18

amd 2021 SL No. 176 s 8

sub 2022 SL No. 68 s 8

section 3

additional examination, for chapter 2, part 14, division 3, see section 145A.

sch 7 def additional examination ins 2020 SL No. 108 s 15(2)

ADG Code, for chapter 2, part 7, see section 49A.

sch 7 def ADG Code sub 2019 SL No. 140 s 20(1)–(2)

AHD means the Australian height datum adopted by the National Mapping Council of Australia for referencing a level or height back to a standard base level.

appropriate doctor, for health surveillance or a health assessment of a person, means a doctor who—

(a)is appropriately qualified; and

(b)has demonstrated knowledge of the risks associated with activities performed by workers at the mine at which the person becomes, is or stops being a worker.

sch 7 def appropriate doctor sub 2020 SL No. 108 s 15

AS or AS/NZS means a standard published by Standards Australia Limited ACN 087 326 690.

AS 2187 means AS 2187 ‘Explosives—Storage, transport and use’.

asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including the following minerals—

(a)actinolite asbestos;

(b)grunerite (or amosite) (brown) asbestos;

(c)anthophyllite asbestos;

(d)chrysotile (white);

(e)crocidolite (blue);

(f)tremolite asbestos;

(g)a mixture containing 1 or more of the minerals mentioned in paragraphs (a) to (f).

Note—

Paragraphs (a), (b), (c) and (f) mention mineral silicates that use the same mineral term for both the asbestiform and nonasbestiform varieties. The word ‘asbestos’ has been included when listing these minerals to emphasise that only the asbestiform habit of these minerals is regulated as asbestos.

asbestos material means installed thermal or acoustic insulation material comprising or containing asbestos.

atmospheric contaminants guidance note means NOHSC’s document called ‘Guidance Note on the Interpretation of Exposure Standards for Atmospheric Contaminants in the Occupational Environment 3rd edition [NOHSC:3008 (1995)]’.

Australian Qualifications Framework ...

sch 7 def Australian Qualifications Framework om 2021 SL No. 75 s 19

biological monitoring, for a hazardous chemical, means testing for the presence of a hazardous chemical, its metabolites or a biochemical change in a person’s body tissue, exhaled air or fluid resulting from exposure to the hazardous chemical.

sch 7 def biological monitoring amd 2019 SL No. 140 s 20(3)

blasting explosive means an explosive that contributes the majority of the blasting work in mining or quarrying.

chemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service, or a technical name, that gives a chemical a unique identity.

sch 7 def chemical identity ins 2019 SL No. 140 s 20(2)

chest examination, for chapter 2, part 14, division 3, see section 145A.

sch 7 def chest examination ins 2020 SL No. 108 s 15(2)

chest x-ray examination, for chapter 2, part 14, division 3, see section 145A.

sch 7 def chest x-ray examination ins 2020 SL No. 108 s 15(2)

comparative assessment, of a person’s spirometry, for chapter 2, part 14, division 3, see section 145A.

sch 7 def comparative assessment ins 2020 SL No. 108 s 15(2)

conveyance includes a skip, cage, kibble or stage.

correct classification means the set of hazard classes and hazard categories assigned to a hazardous chemical, or dangerous goods, when they are correctly classified under schedule 2D.

sch 7 def correct classification ins 2019 SL No. 140 s 20(2)

CPD activity, in relation to a certificate of competency or a site senior executive notice, see section 148E(1).

sch 7 def CPD activity ins 2022 SL No. 69 s 11

CPD hours, for a CPD activity that has been successfully completed by the holder of a certificate of competency or site senior executive notice, see section 148B.

sch 7 def CPD hours ins 2022 SL No. 69 s 11

CPD period, for the holder of a certificate of competency or site senior executive notice, see section 148B.

sch 7 def CPD period ins 2022 SL No. 69 s 11

CPD total hours, for the holder of a certificate of competency or site senior executive notice, see section 148E(3)(c).

sch 7 def CPD total hours ins 2022 SL No. 69 s 11

dangerous goods see section 51.

sch 7 def dangerous goods sub 2019 SL No. 140 s 20(1)—(2)

detonator means a capsule or case containing an explosive of high sensitivity used for initiating another explosive.

effect, of a hazard, means the hazard’s effect on a person’s safety or health.

electrical work means electrical work within the meaning of the Electrical Safety Act 2002.

electrical works, for schedule 4, part 2, means electrical equipment and electric line associated equipment within the meaning of the Electrical Safety Act 2002.

electricity entity, for schedule 4, part 2, has the meaning given by the Electrical Safety Act 2002.

emergency response plan means an emergency response plan developed under section 35.

employer, for a worker, means the operator or contractor who employs the worker.

explosive means—

(a)a blasting explosive; or

(b)a detonator.

exposed, to a hazard that is a substance, for a person, means the person has absorbed, or is likely to absorb, the substance—

(a)by ingestion or inhalation; or

(b)through the skin or mucous membrane.

exposure limit, applying to a worker for a hazard, means—

(a)if the worker does not have a personal exposure limit for the hazard—the general exposure limit for the hazard or, if the general exposure limit has been adjusted for the worker under section 134, the limit as adjusted; or

(b)if the worker has a personal exposure limit for the hazard—the personal exposure limit or, if the personal exposure limit has been adjusted for the worker under section 134, the limit as adjusted.

extra low voltage means a voltage of less than 50V a.c. or 120V d.c., ripple free.

extraneous electricity, for blasting, means an unintended electrical current from a source other than the firing device which could initiate a detonator.

Examples—

stray currents, induced currents, static electricity and radio-frequency energy

fitness assessment record see sections 87(1) and 88(2).

fitness assessment report, for a worker, means written information, other than a medical record, about the worker’s fitness for work.

former worker, for chapter 2, part 14, division 3, see section 145J.

sch 7 def former worker ins 2020 SL No. 108 s 15(2)

further reading, of an x-ray taken of a person’s chest, for chapter 2, part 14, division 3, see section 145A.

sch 7 def further reading ins 2020 SL No. 108 s 15(2)

further surveillance period, for a person, for chapter 2, part 14, division 3, see section 145A.

sch 7 def further surveillance period ins 2020 SL No. 108 s 15(2)

GDA means Geocentric Datum of Australia which is a system of earth-centred datum used for mapping.

general exposure limit, for a hazard mentioned in schedule 5, column 1, means the exposure standard, dose limit or other limit stated opposite the hazard in schedule 5, column 2.

GHS see section 49A.

sch 7 def GHS ins 2019 SL No. 140 s 20(2)

hazard category means a division of criteria within a hazard class in the GHS.

sch 7 def hazard category ins 2019 SL No. 140 s 20(2)

hazard class means the nature of a physical, health or environmental hazard under the GHS.

sch 7 def hazard class ins 2019 SL No. 140 s 20(2)

hazardous chemical see section 50.

sch 7 def hazardous chemical ins 2019 SL No. 140 s 20(2)

hazardous substance ...

sch 7 def hazardous substance om 2019 SL No. 140 s 20(1)

health assessment record see sections 131(2) and 132(b).

health assessment report, for a worker, means written information, other than a medical record, about the worker’s ability to tolerate a hazard without harming the worker or the worker’s children.

health surveillance means the monitoring, including biological monitoring and medical assessment, of a person to check for changes in the person’s health because of exposure to a hazard.

health surveillance report, for chapter 2, part 14, division 3, see section 145A.

sch 7 def health surveillance report ins 2020 SL No. 108 s 15(2)