Mining and Quarrying Safety and Health Regulation 2017
Mining and Quarrying Safety and Health Regulation
2017
QueenslandMining and
Quarrying Safety and Health Act 1999MiningandQuarryingSafetyandHealthRegulation2017Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this regulation that incorporatesallproposedamendmentstotheregulationincludedintheMinesLegislation(ResourcesSafety)AmendmentBill2018.Thisindicativereprint has been
prepared for information only—it is not an
authorisedreprint of the regulation.The
point-in-time date for this indicative reprint is the introduction
date forthe Mines Legislation (Resources Safety)
Amendment Bill 2018—20 March2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Mining and Quarrying Safety and Health
Regulation 2017Chapter 1 Preliminary[s 1]Mining and Quarrying Safety and HealthRegulation 2017Notauthorised—indicativeonlyChapter 1Preliminary1Short
titleThisregulationmaybecitedastheMiningandQuarryingSafety and
Health Regulation 2017.2CommencementThis regulation
commences on 1 September 2017.3DefinitionsThe dictionary
in schedule 7 defines particular words used inthis
regulation.Chapter 2Ways of
achieving anacceptable level of riskPart 1Preliminary4Ways
of achieving an acceptable level of risk(1)Thischapter,otherthansections60B(1),60C(2),87(5),120(1)and(2),131(6)and138(3),prescribeswaysofachievinganacceptablelevelofriskatamineinthecircumstances mentioned in the
chapter.Current as at [Not applicable]Page
9
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 5](2)However,thischapterdoesnotdealwithallcircumstancesthat expose
someone to risk at a mine.(3)Apersonmaydischargetheperson’ssafetyandhealthobligation in
the circumstances mentioned in this chapter onlyby
following the ways prescribed.Note—See
section 31 of the Act for the penalty for failing to discharge
theobligation.Part 2Safety and health riskmanagementDivision 1Risk
management practices andprocedures5Risk
management practices and proceduresThesiteseniorexecutivemustensurethemine’sriskmanagement practices and procedures
are—(a)established in consultation with the
mine workers; and(b)compatible with, and coordinated
throughout the minefor, all operations at the mine.Division 2Risk management
process6Hazard identification(1)A person who has an obligation under
the Act to manage riskat a mine must identify hazards in the
person’s own work andactivities at the mine.(2)The operator must ensure hazard
identification for the mine’soperations is
done during the operations’ planning and design.Page
10Current as at [Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 7](3)The
site senior executive must ensure hazard identification forthe
mine’s operations is done—(a)when the
operations start; and(b)during the
operations; and(c)when the operations change in size,
nature, complexityor another way; and(d)forahazardcausedbyahazardoussubstanceordangerousgood—periodicallyatintervalsnotlongerthan 5
years.(4)Forhazardscausedbyhazardoussubstancesordangerousgoods, the site
senior executive must ensure the identificationincludes the
following—(a)hazardoussubstancesordangerousgoodsbeingprocessed or
used for processing;(b)hazardoussubstancesordangerousgoodsthatareaproduct, by-product or waste product
of operations;(c)hazardoussubstancesordangerousgoodsoccurringin—(i)the natural environment; or(ii)plant or
facilities; or(iii)energy
sources.7Risk analysis(1)A
person who has an obligation under the Act to manage riskataminemustanalyseriskintheperson’sownworkandactivities to decide whether the risk is at
an acceptable level.(2)The person must
have regard to the following in analysing therisk—(a)the results of hazard identification,
risk monitoring andincident investigations carried out for the
mine;(b)the work environment and work methods
for the mine’soperations;Current as at
[Not applicable]Page 11
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 8](c)the
interaction of hazards present at the mine;(d)the
effectiveness and reliability of hazard controls in useat
the mine;(e)other reasonably available relevant
information and datafrom,andpracticesin,otherindustriesandminingoperations.8Risk
reduction(1)A person who has an obligation under
the Act to manage riskat a mine must, as far as reasonably
practicable, apply hazardcontrols 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 dust2using guards on conveyors(e)administrative controls;Examples—1a
restriction on the time a worker is exposed to a hazard2a procedure or standard work
instruction(f)personal protective equipment.(2)The site senior executive must ensure
hazard controls used toreduceriskinthemine’sworkandlocalenvironmentsareappropriate 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 datafrom,andpracticesin,otherindustriesandminingoperations.Page 12Current as at [Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 9]9Risk
monitoring(1)A person who has an obligation under
the Act to manage riskataminemustmonitorriskintheperson’sownworkandactivities at the mine.(2)The
site senior executive must ensure risk in the mine’s workandlocalenvironmentscausedbythemine’soperationsismonitored—(a)when
the operations start; and(b)at appropriate
intervals or stages during operations at themine; and(c)whenthemine’sriskmanagementpracticesorprocedures change
significantly.(3)Monitoring must include the following
things—(a)the occurrence of incidents, injuries
and ill health;(b)thelevelofhazardspresentinthemine’sworkenvironment;(c)formonitoringundersubsection(2)—thelevelofhazards from the mine’s operations present
in the mine’slocal environment.(4)If
it is appropriate, having regard to the nature and level of
ahazard present in the work environment, the
monitoring mustinclude 1 or more of the following
things—(a)personalmonitoringtodecideaworker’slevelofexposure to the hazard;Example—monitoring a
worker using a dosimeter or other instrument tomeasure 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)biologicalmonitoringtodecideaworker’slevelofexposure to the hazard;Current as at [Not applicable]Page
13
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 10]Example—testing a blood sample for lead(d)health surveillance under section
138.Division 3Records about
risk management10Risk management record(1)This section applies to a risk
management process carried outat a
mine—(a)because the process is essential for
managing risk fromahazardthatispresent,orislikelytobepresentinproposed operations, at the mine; orExample—a risk
management process carried out under section 32(b)under—(i)a
guideline; or(ii)adirectivegivenbyaninspectororinspectionofficer under
part 9 of the Act.(2)The site senior executive must ensure
a record of the processis made containing the following
details—(a)the names of the persons involved in
the risk assessmentand their respective positions in the mine’s
managementstructure;(b)a
description of the hazard to which the process relates;(c)themethodusedforassessingthelikelihoodandconsequences of the risk;(d)the controls proposed to reduce the
risk.(3)The site senior executive must ensure
the record is kept at themine until the hazard to which the
process relates is no longerpresent at the
mine.Page 14Current as at
[Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 11]11Risk
monitoring record(1)The site senior executive must ensure
a record of monitoringcarriedoutundersection9(2)ismadeandkeptforthefollowing period—(a)forahazardwithacumulativeordelayedeffect—30years;Example—silica, noise or vibration(b)for another hazard—7 years.(2)Ifthemineceasesoperationsintheperiodtherecordisrequiredtobekeptundersubsection(1),thesiteseniorexecutive must ask for, and comply with, the
chief executive’sdirections about the record’s
storage.Part 2ASafety and
health fee11ADefinitions for partIn
this part—responsible person, for a mine,
means the responsible personfor the mine
within the meaning of section 11B.safety and
health censussee section 11D(1).safety and
health feesee section 11C(1).11BMeaning ofresponsible
person(1)A person is theresponsible
personfor a mine if the personis—(a)for a mine operated under a mining
tenure, other than amining tenure that is a prospecting
permit—(i)if the operator for the mine is an
individual—theholder of the mining tenure for the mine;
orCurrent as at [Not applicable]Page
15
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 11C](ii)if
the operator for the mine is a corporation—theoperator 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 theAct—the person in control of the
mine.(2)However,iftheminingtenurementionedinsubsection(1)(a)(i)isheldbymorethan1person,forthepurposeofgivingorreceivingnoticesunderthispart,includingforgivingasafetyandhealthcensusundersection11D,theresponsible person for the mine is—(a)ifapersonhasbeenspecifiedundertheMineralResources Act
1989as the person on whom any noticemay
be served on behalf of the holders of the miningtenure—the person specified; orNote—See theMineral Resources Act 1989,
sections 61(1)(c), 133(c),183(1)(c) and 245(1)(c).(b)otherwise—anypersonwhoisaholderoftheminingtenure.11CPayment of safety and health
fee(1)The responsible person for a mine must
pay a fee (asafetyand health
fee) to cover the cost of the department’s
activitiescarried out for the purposes of safety and
health for operationsduring each financial year.(2)The amount of the safety and health
fee is stated in schedule6, part 2.(3)The
amount of the safety and health fee must be worked outusing information included in each safety
and health censusgiventothechiefexecutiveundersection11Dforthefinancial year for the mine.(4)Thechiefexecutivemustgivetheresponsiblepersonaninvoicefortheamountofthesafetyandhealthfeeonorbefore 10
October after the end of the financial year.Page 16Current as at [Not applicable]
Mining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 11D](5)The
amount of the safety and health fee must be paid by theresponsible person on or before 31 October
after the end ofthe financial year.Maximum
penalty—100 penalty units.Notauthorised—indicativeonly11DSafety and health census to be given
at the end of eachquarter(1)Theresponsiblepersonforaminemustgivethechiefexecutive,within20daysaftertheendofeachquarter,anotice(asafetyandhealthcensus)statingthenumberofworkers working at the mine during the
quarter.Maximum penalty—100 penalty units.(2)Despite subsection (1), the
responsible person may give thesafetyandhealthcensusaftertheperiodmentionedinthesubsection ends
if, before the period ends—(a)the
responsible person applies to the chief executive inwriting to extend the period to give the
safety and healthcensus; and(b)the
chief executive gives the responsible person a noticestating that the responsible person may give
the safetyand health census before the end of a day
stated in thenotice for that purpose.(3)Iftheresponsiblepersonisgivennoticeundersubsection(2)(b), the
responsible person must give the chief executivethe
safety and health census before the end of the day stated inthe
notice for giving the census.Maximum
penalty—100 penalty units.(4)The safety and
health census must be in the approved form.11ENotice may be given if safety and health
census not givenor is inadequate(1)This
section applies if the chief executive reasonably believes,basedoninformationavailabletothechiefexecutive,theresponsible person for a mine—Current as at [Not applicable]Page
17
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 11E](a)has
not given a safety and health census under section11D;
or(b)has given an incomplete safety and
health census; or(c)hasgivenasafetyandhealthcensuscontaininginformation that
is incorrect.(2)Thechiefexecutivemaygivetheresponsiblepersonanotice—(a)stating the following information—(i)the ground mentioned in subsection
(1)(a), (b) or(c)onwhichthechiefexecutivereasonablybelievesthissectionappliesinrelationtotheresponsible person;(ii)if the ground is
the ground mentioned in subsection(1)(c)—theinformationthechiefexecutivereasonably believes is incorrect;(iii)the amount of
the safety and health fee the chiefexecutivereasonablybelievesispayablebytheresponsible person for the
mine;(iv)the facts and
circumstances forming the basis forthe beliefs
mentioned in subparagraphs (i) to (iii);and(b)invitingtheresponsiblepersontogivethechiefexecutive,withinthereasonableperiodstatedinthenotice, a written submission about why
the responsiblepersonforthemineshouldnotbeinvoicedfortheamount mentioned
in paragraph (a)(iii).(3)The chief
executive must consider any submissions given bythe
responsible person within the period stated in the notice.(4)If, after complying with subsection
(3), the chief executive issatisfied an
amount of a safety and health fee is payable by theresponsibleperson,thechiefexecutivemaygivetheresponsible person an invoice for the
fee.Page 18Current as at
[Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 11F](5)Subsection(4)applieseveniftheresponsiblepersonhasalready been given an invoice for, or
paid, a different amountfor the fee.(6)The
responsible person must pay the amount of the safety andhealth fee stated in the invoice within 30
days after receivingthe invoice.11FFee
for late safety and health census(1)This
section applies if the responsible person for a mine doesnot
give a safety and health census for a quarter before eitherof
the following days—(a)if the chief executive has given the
responsible person anoticementionedinsection11D(2)(b)—thedayafterthedaystatedinthenoticeforgivingthesafetyandhealth census;(b)otherwise—the day that is 21 days after the
end of thequarter.(2)The
obligation under section 11D to give a safety and healthcensus continues to apply until that section
is complied with.(3)Alatefeeappliesandispayableaswellasanypenaltyimposed under
section 11D(1) or (3).(4)The amount of
the late fee is stated in schedule 6, part 2.11GInterest payable on unpaid fees(1)This section applies if the
responsible person for a mine doesnot pay an
amount of a safety and health fee under section11C or
11E.(2)Theresponsiblepersonmustpayinterestontheunpaidamount 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 recoveredby the chief executive as a
debt.Current as at [Not applicable]Page
19
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 11H]11HRefund of overpayment of safety and health
fee(1)If a safety and health fee is overpaid
by the responsible personfor a mine, the chief executive must
refund the amount of theoverpayment to the responsible
person.(2)No interest is payable on the amount
refunded.Part 3Accidents,
incidents, diseasesand injuries12First
aid and medical treatmentThe site senior executive must ensure
a person who is injured,or whose health is affected, at the
mine is given appropriatefirst aid or medical treatment.12ATypes of high potential incidents—Act,
s 195Forsection195(2)(b)oftheAct,atypeofhighpotentialincident mentioned in schedule 1 is
prescribed.12BDiseases that must be reported—Act, s
195For section 195(6) of the Act, a disease
mentioned in schedule1A 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 orhighpotentialincidentmentionedinschedule2,part1isprescribed.(2)For
section 198(1)(c) of the Act, a type of serious accident orhighpotentialincidentmentionedinschedule2,part2isprescribed.Page 20Current as at [Not applicable]
Mining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 14]14Reporting accidents and high potential
incidentsA mine’s safety and health management system
must includeprocedures for workers reporting accidents
and high potentialincidents to the site senior
executive.Notauthorised—indicativeonly15Site senior executive’s investigation
of incidents(1)Ininvestigatingthecauseofan
incidentatamine,thesitesenior executive
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 inthe incident.(2)A
mine’s safety and health management system must providefordocumentingthetechniquesthatmustbeusedforinvestigating incidents.16Giving inspector details of accidents and
high potentialincidents(1)This
section applies if an accident or high potential incidenthappens at a mine.(2)Ifrequestedbyaninspector,thesiteseniorexecutivemustgive
the inspector a plan, of the type and at the scale requiredbytheinspector,orphotographs,showingrelevantdetailsabout the accident or incident.Part
4ElectricalNote—See
also part 10.Current as at [Not applicable]Page
21
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 17]Division 1Controlling electrical work17Appointment of persons to control
electrical workIfelectricalworkis,orisproposedtobe,undertakeninoperations at a mine, the site senior
executive must appoint, inwriting, 1 or more persons to control
the electrical work.18Acknowledgement of appointment(1)A person appointed to control
electrical work at a mine mustacknowledgetheappointmentbynoticegiventothesitesenior executive.(2)For
section 59(1)(e) of the Act, the notice is prescribed as amatter that must be included in the mine
record.Division 2Notice of
introduction ordisconnection of electricity19Duty to give notice of proposed
introduction ordisconnection of electricityBeforeanelectricitysupplyexceeding75kWcapacityisintroduced to, or permanently disconnected
from, a mine, thesite senior executive must notify an
inspector of the proposedintroduction or disconnection.Division 3Operating
electrical equipment20Electrical plans and data(1)The site senior executive must ensure
the following are kept atthe mine for the safe operation of
each electrical installation atthe mine—Page
22Current as at [Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 21](a)up-to-date plans identifying and showing the
location ofelectricalinstallationsatthemine,includingburiedelectrical
services;(b)electricalsafetydataincludingequipmentratingsandprotection settings for circuit
protection devices.(2)In this section—protection
setting, for a circuit protection device, means
thecurrent, voltage or operating time at which
the device is set totrip when the device detects an
electrical fault in the circuit.21Working on electrical equipment that
hasexplosion-protection(1)A
person must not carry out work on electrical equipment thathasexplosion-protection,unlessthepersonhasthecompetencies to carry out the
work.(2)In this section—explosion-protectionmeans a
technique of protection appliedtothedesignofelectricalequipment,componentsandsystemstopreventtheelectricalenergyfrombecominganignition source in the presence of
flammable vapours or gasesor combustible dusts in hazardous
areas.Division 4Control and
protection for electricalequipment22GeneralThe operator or
site senior executive must ensure—(a)switchgear used at the mine allows for
reliable circuitinterruption, under fault conditions, at all
points in themine’s electrical distribution system;
and(b)eachelectricalcircuitatthemineisprotectedagainstoverload, short circuit and earth fault
under all operatingconditions to effectively—Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 23](i)interrupt the electricity supply; and(ii)isolate
faults.23Interrupting electricity supply to
particular plantTheoperatororsiteseniorexecutivemustensuretheelectricity supply to the following plant at
the mine is capableofinterruptionfromanaccessiblepositionremotefromtheplant—(a)a
stacker, reclaimer, dredge, floating treatment plant andunderground electrical installation;(b)other plant identified by a risk
assessment as needing itselectricity supply to be capable of
interruption from anaccessible position remote from the
plant to ensure anacceptable level of risk.24Automatic controlThe operator or
site senior executive must ensure—(a)eachautomatic,programmableorcomputerisedelectricalcontrolsystematthemineoperatessafelyunder all
operating conditions, including power supplyinstability or
failure; and(b)the emergency stopping systems and
safety alarms at themine remain effective if there is a
fault or failure in asystem mentioned in paragraph
(a).25EarthingTheoperatororsiteseniorexecutivemustensureeachearthingsystematthemineisinstalledandmaintainedatsufficientlylowimpedanceandhassufficientcapacitytoensure—(a)reliableoperationofelectricalprotectivesystemsanddevices; andPage 24Current as at [Not applicable]
Mining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 26](b)adequateprotectionagainstcontactwithconductiveparts that have
become live under fault conditions.Notauthorised—indicativeonly26Earth leakage protection(1)The operator or site senior executive
must ensure the mine hasearth leakage protection for each
electrical circuit exceedingextra low
voltage that—(a)is in an underground mine; or(b)is in a portable, transportable or
mobile apparatus; or(c)hasanoutletfor,orsupplieselectricityto,atrailingcable 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 normalcurrent of a
circuit; or(iii)forwhichcontinuityofsupplyisnecessarytomaintain 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 ornear electrical equipment must treat
each exposed electricalconductor 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—electricalequipmentmeansanitemusedforgenerating,converting,transmitting,distributingorusingelectricalenergy.high
voltagemeans a voltage of more than 1200V.Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 27]27Isolation facilities(1)The
operator or site senior executive must ensure each item ofelectricalequipmentusedattheminehasafullcurrentisolationfacilityinalocationthatiseasilyaccessiblebyaperson required to carry out the
isolation.(2)Theoperatororsiteseniorexecutivemustalsoensuretheisolator is—(a)clearly marked or labelled as the isolator
for the plant;and(b)compatiblewiththemine’sisolationandlock-outprocedures.28Protection for transportable and mobile
equipment(1)This section applies if transportable
or mobile equipment usedatamineissuppliedwithelectricityexceedingextralowvoltage by a trailing or reeling cable,
other than a low voltagecable that has—(a)no
joining plugs or sockets; and(b)earth leakage protection with a rated
tripping current ofnot more than 30mA; and(c)individually screened power
conductors.(2)The site senior executive must ensure
the equipment has earthcontinuity protection to—(a)isolatetheelectricitysupplytotheequipmentimmediatelyaftertheearthingcircuitisbrokenorthecable is disconnected or decoupled;
and(b)prevent a person inadvertently
contacting live parts ofthe equipment.29Protection from live parts of electrical
equipmentTheoperatororsiteseniorexecutivemustensureelectricalequipment
exceeding extra low voltage used at the mine has aPage
26Current as at [Not applicable]
Mining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 30]deviceorfeatureforpreventingapersoninadvertentlycontacting live
parts of the equipment.Example of a device or feature—anenclosure,shield,insulation,interlockingdeviceorautomaticdisconnection
deviceNotauthorised—indicativeonly30Prospective touch voltage(1)Theoperatororsiteseniorexecutivemustensuretheprospectivetouchvoltageatthemineislimitedtoalevelnecessary to
achieve an acceptable level of risk.(2)In
this section—prospective touch voltagemeans the highest voltage a personis
liable to be exposed to if the person contacts
simultaneouslyaccessiblepartsinanelectricalinstallationduringanelectrical fault.31Voltage riseThe operator or
site senior executive must ensure voltage riseinanelectricalinstallationattheminecausedbylightningstrike,staticelectricity,voltagesurgesandothertransientvoltagesislimitedtoalevelnecessarytoachieveanacceptable level of risk, having regard to
the ways stated in aguideline for limiting voltage
rise.Part 5Emergencies32Risk
management for emergencies(1)Thesiteseniorexecutivemustensuretheriskmanagementprocessmentionedinpart2,division2iscarriedoutforreasonably foreseeable emergencies at
the mine to decide theresources, facilities and procedures
necessary to—(a)preparethemineformanagingandcontrollingthehazards causing the emergencies; andCurrent as at [Not applicable]Page
27
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 33](b)detect the emergencies; and(c)respond appropriately to the
emergencies.(2)The resources, facilities and
procedures considered in the riskmanagement
process must deal with the following matters—(a)coordinating control of emergencies;(b)givingnotice,informationandwarningsaboutemergencies;(c)the
immediate availability of trained rescue persons oremergency services;(d)locating, and accounting for,
persons;(e)controllingorre-establishingcontrolofthehazardcausing 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)liaisingwith,andusing,localorstateemergencyservices;(j)backup services and facilities for the
emergency.33Emergency preparedness—generalThesiteseniorexecutivemustensuretheminehastheresources and facilities decided as
necessary under section 32forthemine’spreparednessforreasonablyforeseeableemergencies.35Emergency response plan(1)A
mine’s safety and health management system must includean
emergency response plan developed having regard to therisk
management process carried out under section 32.Page
28Current as at [Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 36](2)Thesiteseniorexecutiveforaminethatisnotrequiredtohaveasafetyandhealthmanagementsystemundersection38(3)or39(2)oftheActmustensuretheminehasanemergency response plan developed
having regard to the riskmanagement process carried out under
section 32.(3)Theoperatorofaminementionedinsubsection(2)mustprovideadequateresourcesattheminetoensuretheeffectiveness and implementation of the
emergency responseplan.Note—Seesection38(1)(f)oftheActfortheoperator’sobligationaboutresourcesforaminethatisrequiredtohaveasafetyandhealthmanagement
system.36Evacuation(1)Thissectionappliestoamineifresources,facilitiesorproceduresforevacuatingpersonsaredecidedasnecessaryfor the mine
under section 32.(2)Thesiteseniorexecutivemustensuretheminehasthefollowingthingsasareappropriate,havingregardtothenature and complexity of the mine’s
operations—(a)a normal way of access;(b)signed escape ways independent of the
normal way ofaccess;(c)assembly areas;(d)equipment and training for
self-rescue;(e)resources, facilities and procedures
for tracing personsinvolved in an incident at the mine;(f)a way of knowing the names and
approximate locationof all persons underground.(3)If an emergency happens at the mine
and creates, or is likelytocreate,anunacceptablelevelofrisk,thesiteseniorexecutive must ensure—Current as at
[Not applicable]Page 29
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 36A](a)personswhoare,ormaybe,harmedoraffectedasaresult of the emergency are evacuated
from the area ofunacceptable risk; and(b)persons,otherthanthoserequiredtohandletheemergency, are prevented from entering the
area.36AEscapeways from underground(1)The underground mine manager or, if
there is no undergroundminemanager,thesiteseniorexecutive,mustensurethat,beforestopingoperationsstartatthemine,theminehasatleast 2 trafficable egresses
(theescapeways), complying
withsubsection (2), accessible from all stoping
operations to thesurface.(2)The
escapeways must—(a)be located strategically to manage
risk; and(b)allowforthepassageofrescuepersonsandrescueequipment,
including stretchers; and(c)be separated in
a way that an event happening in 1 of theescapeways would
not prevent persons escaping throughthe other
escapeway.(5)The underground mine manager or, if
there is no undergroundmine manager, the site senior
executive, must ensure each ofthe escapeways
is—(a)maintainedinasafe,accessibleandusablecondition;and(b)adequately marked or signposted,
having regard to thepotential for reduced visibility in an
emergency.37Refuges(1)This
section applies to a mine if refuges for emergencies aredecided as necessary for the mine under
section 32.Page 30Current as at
[Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 38](2)Thesiteseniorexecutivemustensuretheminehasthefollowingthingsasareappropriate,havingregardtothenature 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 thehazard causing the incident.(3)A person must seek refuge until
rescued if—(a)an emergency happens at a mine and
creates, or is likelyto create, an unacceptable level of
risk for the person;and(b)the
person can not be evacuated promptly from the areaof
unacceptable risk.38Rescue(1)This
section applies to a mine if facilities or procedures forrescuing persons in emergencies are decided
as necessary forthe mine under section 32.(2)Thesiteseniorexecutivemustensuretheminehasthefollowingthingsasareappropriate,havingregardtothenature 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 emergencyservices;(b)if the nature or remoteness of the
mine’s operations limitthe effectiveness of local or state
emergency services—(i)theavailabilityofsuitablytrainedsite-basedpersons and
suitable rescue equipment; and(ii)facilitiesandproceduresforliaisingwith,andusing,personsandequipmentfromotheroperations and
agencies for carrying out a rescue.Current as at
[Not applicable]Page 31
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 39](3)Thesiteseniorexecutivemustensurereasonableactionistaken to rescue persons from an area
of unacceptable risk, or arefuge, at the mine.(4)In deciding what action is reasonable
for subsection (3), thesite senior executive must have regard
to the risk to persons incarrying out the rescue.39Resources for first aid and medical
treatment(1)This section applies to a mine if
facilities or procedures forfirst aid or
medical treatment for emergencies are decided tobe
necessary for the mine under a risk management processcarried out under section 32.(2)Thesiteseniorexecutivemust,ifitisappropriatehavingregard 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)equipmentappropriateforcontrollingtheon-sitehazards
identified by the risk management process;(d)facilitiesandproceduresforliaisingwith,andusing,local and state
emergency services;(e)if the nature or remoteness of the
mine’s operations limitthe effectiveness of local or state
emergency services—(i)theavailabilityofsuitablytrainedsite-basedpersonnelandsuitablefirstaidandmedicalequipment; and(ii)facilitiesandproceduresforevacuatingpersonsfrom
the site for medical treatment.Page 32Current as at [Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 40]40Maintaining and improving emergency
responsecapability(1)The
site senior executive must ensure the mine’s emergencyresponse facilities and equipment are
inspected regularly andmaintained in a fully operational
condition.(2)Thesiteseniorexecutivemustalsoensurethemine’semergency
response plan is—(a)testedandreviewedasoftenasappropriate,havingregardtothenatureandcomplexityofthemine’soperations, but
at least once a year; and(b)amended, if
necessary, to achieve an acceptable level ofrisk.41Mine rescue plan(1)The
site senior executive must ensure the mine has a currentrescueplanshowingthemine’semergencyfacilities,includingrelevantservicesreticulationandcommunicationarrangements.(2)Foranundergroundmine,theplanmustalsoshowthefollowing things—(a)the
direction and quantity of the ventilating airflow;(b)the location of ventilation
controls.(3)Inanemergency,thesiteseniorexecutivemustmakeavailabletothepersonscarryingouttherescueasufficientnumber of copies
of the plan at a scale suitable for use by thepersons in the
emergency.Part 6Facilities and
processes42DredgingIf a dredge is
used at a mine, the site senior executive mustensuretheminehasawrittenprocedureforthefollowingthings—Current as at
[Not applicable]Page 33
Mining
and Quarrying Safety and Health Regulation 2017Chapter 2 Ways of
achieving an acceptable level of risk[s 43](a)ways of preventing—(i)the dredge capsizing or sinking;
and(ii)persons falling
overboard;(b)emergency rescue procedures for an
event mentioned inparagraph (a).Notauthorised—indicativeonly43Excavations(1)If
an excavation exists on a mine site, the site senior
executivemustensureappropriatefacilitiesareprovidedtominimisethe risk to
persons from falling into the excavation.Example of
appropriate facilities—a fence, barricade, bund wall or
signage(2)In this section—excavationincludesashaft,stope,pass,winze,mineorquarry face, trench, costean and pit.44Ground control(1)A
person who has an obligation under the Act to manage riskinrelationtogroundcontrolatamineduringthemine’sdesign,operationorabandonmentmustensureappropriatemeasures are
taken to prevent or control local and area failuresin
ground integrity.(2)Thepersonmusthaveregardtothefollowingmattersindeciding the appropriate
measures—(a)local geological structure and rock
properties and theirinfluence on rock stability;(b)the size and geometry of the mine’s
openings;(c)thepresenceofpreviouslyexcavatedorabandonedunderground
workings;(d)waterinflow,drainagepatterns,groundwaterregimesand
mine dewatering procedures and their influence onrock
stability over time;Page 34Current as at
[Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 45](e)the
analysis and interpretation of relevant geotechnicaldata,includingthemonitoringofopeningsandexcavations.(3)The
measures must include the following things—(a)the
minimisation of rock damage, from blasting, at theexcavation perimeter;(b)theuseofappropriateequipmentandproceduresforscaling;(c)theproperdesign,installationandqualitycontrolofrock support;(d)thetimingofgroundsupporttotakeaccountofrockconditions and
behaviour.45Mine layout, design and
constructionA person who has an obligation under the Act
to manage riskat a mine in relation to mine layout, design
and constructionmust ensure the layout, design and
construction is carried outhaving regard to
the following matters—(a)relevantgeological,geotechnical,meteorologicalandtopographical data;(b)other relevant information, including
information aboutthe following things—(i)access and travel-ways;(ii)accommodation;(iii) extraction
processes and facilities;(iv)fixed emergency
facilities;(v)ground control;(vi)hazardous substances at the mine;(vii) noise and dust;(viii)stockpiles, dumps, tailings
dams;(ix)treatment
processes and facilities;Current as at [Not applicable]Page
35
Mining
and Quarrying Safety and Health Regulation 2017Chapter 2 Ways of
achieving an acceptable level of risk[s 46](x)underground and surface water;(xi)vehicle
interaction;(xii) ventilation.Notauthorised—indicativeonly46Mine roads(1)A person who has an obligation under
the Act to manage riskatamineinrelationtothedesignandconstructionofthemine’s roads must ensure the
specification for the design andconstruction
enables the safe movement of vehicles about themine.(2)The specification must have regard to
the particular conditionsat 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 haulageIf rail mounted
locomotive haulage is used at a mine, the sitesenior executive
must ensure the mine has a written procedurefor its safe
operation.48VentilationA person who has
an obligation under the Act to manage riskinrelationtoventilationataminemustensureappropriatemeasuresaretakentoensuretheventilatingairinaplacewhere a person may be present at the mine is
of a sufficientvolume, velocity and quality to achieve a
healthy atmosphere.49Working at heightsThesiteseniorexecutivemustensurethat,whenapersonworks at a
height of more than 2.4m, appropriate facilities areprovided to minimise the risk to persons
from falling.Page 36Current as at
[Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 50]Example of
appropriate facilities—a fence, barricade, scaffold, hand
rail, bund wall, safety harness, safetyrestraint or
fall arrest equipmentPart 7Hazardous
substances anddangerous goodsDivision 1Provisions applying to allhazardous substances anddangerous
goodsSubdivision 1Preliminary50Meaning ofhazardous
substanceAhazardous substanceis a
substance—(a)listed as a designated hazardous
substance in NOHSC’sdocumentcalled‘ListofDesignatedHazardousSubstances [NOHSC:10005 (1999)]’; or(b)meeting the criteria stated in NOHSC’s
document called‘ApprovedCriteriaforClassifyingHazardousSubstances [NOHSC:1008 (2004)]’.51Meaning ofdangerous
goodsGoodsaredangerousgoodsiftheyaredefinedundertheADG Code as—(a)dangerous goods; or(b)goods too dangerous to be
transported.Current as at [Not applicable]Page
37
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 52]Subdivision
2Information about hazardoussubstances and dangerous goods52MSDS, SDS and NICNAS summary
report(1)The site senior executive must
ensure—(a)an MSDS, SDS or NICNAS summary report
is—(i)obtained or prepared for each
hazardous substanceand dangerous good at the mine; and(ii)kept at the
mine; and(b)copies of the MSDS, SDS or NICNAS
summary reportare made available to persons dealing with
the substanceor good at the mine.(2)The
site senior executive must ensure an MSDS prepared for ahazardous substance or dangerous good
produced at the minecomplies with NOHSC’s document called
‘National Code ofPracticeforthePreparationofMaterialSafetyDataSheets[NOHSC:2011 (2003)]’.53Marking, labelling and giving information
abouthazardous substances and dangerous
goods(1)The site senior executive must ensure
hazardous substancesand dangerous goods, and anything
containing or being usedto transport the substances or goods,
at the mine are marked orlabelled—(a)towarnpersonsofthepresenceofthesubstancesorgoods; and(b)to
identify the substances or goods; and(c)ifitisnecessaryformanagingrisk,toprovidebasicinformationaboutstoringandhandlingthesubstancesor goods.Page
38Current as at [Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 53]Exampleofathingcontainingorbeingusedtotransporthazardoussubstances or dangerous goods for subsection
(1)—a package, storage or process vessel,
conveyor belt, pipe, duct, storagearea, dump,
spill or vehicleExample of basic information for paragraph
(c)—‘keep dry’(2)If
it is not practicable to mark or label a hazardous substanceordangerousgoodorthing,thesiteseniorexecutivemustensureanoticethatgivesthewarning,identificationorinformationmentionedinsubsection(1)isplacedinaconspicuousplaceasnearaspracticabletothesubstance,good or
thing.(3)The site senior executive must ensure
the mark, label or noticecomplies with the following
document—(a)either—(i)NOHSC’sdocumentcalled‘NationalCodeofPractice for the Labelling of Workplace
Substances[NOHSC:2012 (1994)]’; or(ii)the
GHS;(b)either—(i)NOHSC’sdocumentcalled‘GuidanceNoteforPlacardingStoresforDangerousGoodsandSpecifiedHazardousSubstances[NOHSC:3009(1990)]’;
or(ii)the GHS;(c)the ADG Code;(d)AS1345‘Identificationofthecontentsofpiping,conduits and
ducts’.(4)In this section—GHSseetheWorkHealthandSafetyRegulation2011,schedule 19.Current as at
[Not applicable]Page 39
Mining
and Quarrying Safety and Health Regulation 2017Chapter 2 Ways of
achieving an acceptable level of risk[s 54]Subdivision 3Dealing with
hazardous substancesand dangerous goodsNotauthorised—indicativeonly54Selecting
hazardous substances and dangerous goodsThe site senior
executive must ensure hazardous substancesand dangerous
goods selected for use at the mine do not createan
unacceptable level of risk to a person when stored, handledor
used under relevant standard work instructions.55Standard work instructions for storing,
handling andusing hazardous substances and dangerous
goods(1)The site senior executive must ensure
the mine has standardworkinstructionsforstoring,handlingandusinghazardoussubstances and dangerous goods at the
mine.(2)Indevelopingastandardworkinstruction,thesiteseniorexecutivemustensureregardishadtotheMSDS,SDSorNICNAS summary report or other
relevant information for thesubstance or
good.56Storing and handling hazardous
substances anddangerous goods(1)A
person who has an obligation under the Act to manage riskatamineinrelationtostoringandhandlinghazardoussubstances must ensure a hazardous substance
is stored andhandled at the mine in a way that is
appropriate to the natureof the substance, so that the
substance is—(a)protected against damage and
deterioration; and(b)secured to prevent loss, misuse and
theft; and(c)for a liquid—bunded to contain
spillage.(2)A person who has an obligation under
the Act to manage riskat a mine in relation to storing and
handling dangerous goodsmust ensure the goods are stored and
handled in a way thathas regard to NOHSC’s document called
‘National Code ofPage 40Current as at
[Not applicable]
Mining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 57]PracticefortheStorageandHandlingofWorkplaceDangerous Goods
[NOHSC:2017 (2001)]’.Notauthorised—indicativeonly57Monitoring, and taking action about,
hazardoussubstances and dangerous goods(1)The site senior executive must ensure
appropriate monitoringis carried out at the mine to—(a)check the location and amount of
hazardous substancesand dangerous goods on-site;
and(b)check for deterioration of the
substances and goods ortheir packaging; and(c)ensure the substances and goods are
fit for their intendeduse; and(d)detectleaks,spillsandunintendedemissionsofthesubstances and
goods; and(e)detect misuse, theft or other loss of
the substances andgoods.(2)The
monitoring must be carried out under relevant proceduresor
standard work instructions.(3)If
the monitoring shows hazardous substances or dangerousgoods have deteriorated or are not fit for
their intended use,the site senior executive must ensure the
substances or goodsare disposed of under section 59.58Dealing with leaks and spills(1)The site senior executive must ensure
the mine has a standardwork instruction for dealing with
leaks and spills of hazardoussubstances and
dangerous goods at the mine.(2)Indevelopingthestandardworkinstruction,thesiteseniorexecutive must ensure regard is had to the
MSDS or NICNASsummary report or other relevant information
about the safeuseofthesubstanceorgood,including,forexample,NOHSC’s document
called ‘National Code of Practice for theCurrent as at
[Not applicable]Page 41
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 59]StorageandHandlingofWorkplaceDangerousGoods[NOHSC:2017
(2001)]’.59Disposal(1)This
section applies to the following things at a mine—(a)hazardoussubstancesordangerousgoodsthathavedeteriorated or are past their use-by
date;(b)hazardous substances or dangerous
goods, or anythingcontaminatedbythesubstancesorgoods,thatarenolongerrequiredforuseatthemine,including,forexample, because the mine is to be
abandoned.(2)Subject to section 73, the site senior
executive must ensure thesubstances, goods or things are
disposed of—(a)inaccordancewiththerelevantMSDSorinformationprovidedbythemanufacturer,importerorsupplierunder section
43(2)(a) of the Act; and(b)in a way that
does not create an unacceptable level ofriskduringoperationsatthemine,afterthemine’soperations stop
or after the mine is abandoned.(3)Thesiteseniorexecutivemustensurethesiteofeachpermanentdisposalfacility,orotherdisposalareaforhazardoussubstancesordangerousgoodsatthemine,isshown on the plans of the mine
workings under section 58 ofthe Act.Subdivision 4Major hazard
facilities60Meaning ofmajor hazard
facility(1)A mine is amajor hazard
facilityif—(a)operations
carried on at the mine involve, temporarily orpermanently, a
quantity of material (other than materialintransit)exceedingthecorrespondingthresholdorPage 42Current as at
[Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 60A]aggregate
quantity for the material worked out under themajor hazard
facilities standard, schedule 1; and(b)a
hazardous materials emergency at the mine could posean
unacceptable level of risk to persons, property or theenvironment outside the mine.(2)In this section—combustibleliquidmeansacombustibleliquidundertheflammable and combustible liquids
standard.flammable and combustible liquids
standardmeans AS 1940‘Thestorageandhandlingofflammableandcombustibleliquids’, as in
force from time to time.hazardous material—1Ahazardousmaterialisasubstancewithpotentialtocauseharmtopersons,propertyortheenvironmentbecause 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.2Withoutlimitingparagraph1,hazardousmaterialincludesalldangerousgoods,combustibleliquidsandchemicals.hazardous
materials emergency, at a mine, means a situationinvolvinghazardousmaterialsorsuspectedhazardousmaterialsattheminethatincludesalossofcontrol,oranimminent risk of loss of control, of
the materials or a loss ofcontrolofanythingthatmayimpactonthematerialsiftheloss of control causes, or the loss of
control or imminent riskof loss of control has the potential
to cause, material harm topersons, property or the
environment.60AMeaning ofpossible major
hazard facility(1)Amineisapossiblemajorhazardfacilityifrelevantoperations
carried on, or intended to be carried on, at the mineCurrent as at [Not applicable]Page
43
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 60B]involve or are
likely to involve, temporarily or permanently, aquantity of material (other than material in
transit) exceedingthecorrespondingthresholdoraggregatequantityforthematerialworkedoutunderthemajorhazardfacilitiesstandard,
schedule 1.(2)In this section—relevantoperationsmeansoperationsotherthanthepreparation and use of explosives at a blast
site.60BNotifying chief inspector if mine is a
major hazard facilityor a possible major hazard
facility(1)Thesiteseniorexecutiveforaminethatisamajorhazardfacility or possible major hazard facility
must notify the chiefinspector 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)isnotasafetyandhealthobligationfortheAct.60CNotifying chief inspector of certain
upgrades of mines(1)Thissectionappliestoamine,otherthanaminethatisamajorhazardfacility,ifthereisachangeinrelationtothemine involving the mine becoming a
major hazard facility or apossible major hazard facility.(2)The site senior executive must notify
the chief inspector aboutthe mine—(a)in
the approved form; and(b)at least 6
months before the mine starts operations as anupgraded
mine.Maximum penalty—200 penalty units.Page
44Current as at [Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 60D](4)Subsection(2)isnotasafetyandhealthobligationfortheAct.(5)In
this section—upgraded minemeans a mine
that, as a result of a change inrelation to the
mine, is a major hazard facility or a possiblemajor hazard
facility.60DNotifying chief inspector of certain
downgrades of mines(1)This section applies to a mine
if—(a)under section 60B or 60C, a
notification (theoriginalnotice)
has been given about the mine; and(b)a
change proposed in relation to the mine will result inthe
mine being downgraded, for at least 6 months, fromits
classification as a major hazard facility or possiblemajor hazard facility stated in the original
notice.(2)The site senior executive may, in the
approved form, notify thechief inspector about the
change.(3)Despite sections 60 and 60A, until the
chief inspector is givenanotificationundersubsection(2),themineistakentocontinue to be a major hazard facility or
possible major hazardfacility as stated in the original
notice.60ESafety and health management system
for mine that is amajor hazard facility(1)Thesiteseniorexecutiveforaminethatisamajorhazardfacility must
ensure the mine’s safety and health managementsystem 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 theAct and this regulation; and(ii)as if a
reference in the provisions—Current as at
[Not applicable]Page 45
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 60F](A)totherelevantpublicauthoritywereareference to the chief inspector of mines;
and(B)to the operator, employer, occupier or
personwho has overall management and control
ofamajorhazardfacilitywereareferencetothe
site senior executive; and(C)tothesafetymanagementsystemwereareferencetothesafetyandhealthmanagement
system.(2)In this section—nationalstandardsafetyandhealthprovisionsmeansthemajor hazard facilities standard,
sections 6 to 13.60FSafety report to chief
inspector(1)Thesiteseniorexecutiveforaminethatisamajorhazardfacility must give a written report
(asafety report) to the
chiefinspector as required under subsection
(2).(2)The safety report must—(a)comply with the major hazard
facilities standard, section7; and(b)be given within 16 months after a
notice, identifying themineasamajorhazardfacility,isgiventothechiefinspector under
section 60B(1) or 60C(2).Subdivision 5Miscellaneous61Register of hazardous substances and
dangerous goods(1)The site senior executive must ensure
the mine has a registercontaining—(a)alistofallhazardoussubstances,andalistofalldangerous goods, used or produced at
the mine; and(b)the current MSDS for each substance or
good.Page 46Current as at
[Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 62](2)The
site senior executive must ensure the register is readilyaccessible by each worker required to use
the substances orgoods at the mine.62Resources for complying with MSDS and
SDSThe site senior executive must ensure the
mine has the first aidsuppliesandfacilitiesandpersonalprotectiveequipmentrecommendedintherelevantMSDSorSDSforeachhazardous
substance and dangerous good used at the mine.63Records(1)Thesiteseniorexecutivemustensurearecordofthefollowingthingsiskeptatthemineforeachhazardoussubstance and dangerous good at the
mine—(a)its quantity and location on
site;(b)when it was received, or produced, on
site;(c)its use, sale or disposal;(d)any deterioration or product
failure;(e)anyleak,spill,unintendedemission,misuse,theftorother loss.(2)Thesiteseniorexecutivemustensuretherecordaboutthedisposalofhazardoussubstancesanddangerousgoodsonsite—(a)is
kept at the mine until the mine’s operations stop; and(b)after operations stop, is given to the
chief executive.(3)The site senior executive must ensure
a record about anothermatter mentioned in subsection (1) is
kept at the mine until thesubstance or good to which the record
relates has been used,disposed of, or removed from
site.Current as at [Not applicable]Page
47
Mining
and Quarrying Safety and Health Regulation 2017Chapter 2 Ways of
achieving an acceptable level of risk[s 64]Division 2ExplosivesNotauthorised—indicativeonlyNote—See also
division 1.Subdivision 1General64Persons who may handle
explosives(1)A person must not handle an explosive
at a mine unless theperson—(a)isauthorisedinwritingbythemine’ssiteseniorexecutiveorundergroundminemanager(theauthorising person) to carry out
the handling activity;or(b)carriesoutthehandlingactivityunderthedirectsupervision of a
person authorised under paragraph (a).(2)A
person may be authorised under subsection (1)(a) only if—(a)thepersonholdsacurrentshotfirerlicenceundertheExplosivesAct1999thatisapplicabletothemine’soperations;
or(b)the authorising person is satisfied
the person—(i)has the competency accepted by the
committee asqualifyingthepersontocarryoutthehandlingactivity;
or(ii)hassatisfactorilycompletedacompetency-basedtrainingprogramforcarryingoutthehandlingactivity and is
competent to carry it out.(3)The
authorisation must state the handling activities the personis
authorised to carry out.(4)For section
59(1)(e) of the Act, a copy of each authorisationgiven under subsection (1) is prescribed as
a matter that mustbe included in the mine record.Page
48Current as at [Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 65](5)In
this section—handle,anexplosive,includesmanufacture,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, ordisposal, of the explosive.65Selecting explosivesA
person who has an obligation under the Act to manage riskat a
mine in relation to selecting explosives for use at the minemust
ensure the explosives are—(a)stable;
and(b)fit for their intended use; and(c)as insensitive as reasonably
practicable to shock, sparks,frictionandtheenvironmentinwhichtheywillbestored, transported and used; and(d)asfarasreasonablypracticable,simpletostore,use,transport and control.66Warning about explosives(1)If
explosives are used at a mine, the site senior executive
mustensure—(a)suitablesignsareinplacetowarnoftheexplosives’presence;
and(b)vehiclescarryingexplosivesatthemineareeasilyidentified other
than by signs.Example of identification other than a
sign—a flashing light of a distinctive
colour(2)Thesiteseniorexecutivemustensurethesignsandothermethods of
identification are suitable for each person at themine
to readily identify that explosives are present or beingtransported.Current as at
[Not applicable]Page 49
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 67]67Storing, transporting, using and disposing
of explosives(1)A mine’s safety and health management
system must providefor—(a)the
safe and secure storage and transport of explosives atthe
mine; and(b)the safe use and disposal of the
explosives.(2)However,ifthemineisnotrequiredtohaveasafetyandhealthmanagementsystemundertheAct,thesiteseniorexecutive must ensure the mine has a
procedure or standardworkinstructionforthemattersmentionedinsubsection(1)(a) and
(b).68Mine vehicles and equipment used for
manufacturing,storing and transporting explosives(1)Thesiteseniorexecutivemustensureminevehiclesandequipment used to manufacture, store
or transport explosivesat the mine are equipped, maintained
and inspected to managethe risk of fire or explosion.(2)Thesiteseniorexecutivemustensureminevehiclesandequipment used to manufacture, store
or transport explosivesat the mine are—(a)in
sound mechanical condition and repair; and(b)designed, maintained and used in a way that
protects theexplosives against friction, heat,
incompatible materials,pressure, shock, sparks and extraneous
electricity; and(c)designedandmaintainedtoprovideadequatesegregation of detonators from other
explosives duringmanufacture, storage or transport.(3)Thesiteseniorexecutivemustensurethat,beforeaminevehicle or
equipment that has been used to manufacture, storeor
transport explosives at the mine is repaired on-site or sentoff-site for repair, the vehicle or
equipment is—(a)thoroughly cleaned; andPage
50Current as at [Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 69](b)inspectedbyapersonwhohasthenecessarycompetence; and(c)certified to be free of explosive
residues.(4)In this section—Australianexplosivescodemeansthethirdeditionofthe‘Australian Code
for the Transport of Explosives by Road andRail’approvedbytheWorkplaceRelationsMinisters’Council.mine
vehiclemeans a vehicle at a mine, other
than—(a)aroadvehicleorvehicleasdefinedundertheADGCode; or(b)aspecialvehicleorvehicleasdefinedundertheAustralian explosives code.Subdivision 2Blasting
procedures69Identifying interaction hazards before
explosives areused(1)The
site senior executive must ensure that, before explosivesare
used at the mine, a risk management process is carried outto
identify the hazards that may arise or interact from the
use.(2)Without limiting subsection (1), the
process must consider thefollowing 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;Current as at
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 70](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 mineisrequiredtohaveasafety andhealthmanagementsystemunder the Act.70Blasting procedures(1)If
blasting is carried out at a mine, the site senior executivemust
ensure the mine has written procedures for the blasting.(2)The procedures must provide for the
following matters—(a)ensuringequipmentusedforchargingandfiringismaintained in a good operating
condition;(b)cleaning blast holes before
charging;(c)blast times;(d)warningandguardingpersonsagainstenteringanunsafe area during a blast;(e)removing persons who may be injured by
a blast to asafe place before firing takes place;(f)the ability for each person involved
in firing the blast toreachasafeposition,bywalkingatnormalwalkingpace, before the blasting happens;(g)firing a blast from a position that is
safe from the effectsof the blast;(h)deciding when it is safe to re-enter the
blasted area;(i)examiningtheblastedareaandblastholeremnantssafely;(j)communicating,from1shifttoanother,informationabout charging
and blasted locations.Page 52Current as at
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 71](3)Theproceduresmustprovideforthefollowingadditionalmatters, as are
appropriate, having regard to the nature, sizeand complexity
of the blasting—(a)keepingairblast,airoverpressure,dustgeneration,flyrock,groundvibrationandnoisewithinacceptablelimits;(b)keepingtheeffectongroundstabilitytoaslowaspracticable;(c)keepingblasttimeswithinworkerandcommunityexpectations for
blasting;(d)finalising blast design and firing
sequence;(e)recordingtheresultsofblastmonitoringatthemine,including the
monitoring of ground vibration.71Blasting in hot material(1)Thissectionappliesifblastingiscarriedoutatamineinmaterial that is at least 55ºC or in
known, or potential, reactiveground.Example of reactive ground—ground containing sulphides that oxidise
easily(2)Beforetheblastingiscarriedout,thesiteseniorexecutivemustensuretheminehasawrittenprocedureorstandardwork instruction
to ensure—(a)heat-induced initiation does not
happen before firing; or(b)each person
involved in loading or firing the blast hastime to reach a
safe place before heat-induced initiationhappens.72MisfiresThe site senior
executive must ensure the mine has a writtenprocedureorstandardworkinstructionfortheearliestpracticable—Current as at
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Mining
and Quarrying Safety and Health Regulation 2017Chapter 2 Ways of
achieving an acceptable level of risk[s 73](a)detection,recording,dealingwithandtreatmentofmisfires at the mine; and(b)warning of the misfire and presence of
explosives.Notauthorised—indicativeonly73Disposing of
explosives(1)Thesiteseniorexecutivemustensurethedisposalofexplosives on the surface of the mine
complies with AS 2187.(2)The site senior
executive must ensure explosives disposed ofunderground at
the mine are disposed of other than by burningor
burying.(3)Before operations cease at the mine,
the site senior executivemust ensure all explosives at the mine
are—(a)located and accounted for; and(b)eitherremovedfromsiteordisposedofundersubsection (1)
or (2).(4)For subsection (3)(a), accounting for
all explosives at the mineincludes detailing, through
appropriate record keeping, whathas happened to
all explosives that have been transported tothe mine or
manufactured at the mine.Subdivision 3Storing
explosives underground atunderground mines74Underground storage(1)The
underground mine manager, or, if there is no undergroundminemanager,thesiteseniorexecutive,mustensureexplosivesstoredundergroundattheminearestoredinanunderground magazine or underground
temporary storage.(2)The person must also ensure—(a)the quantity of explosives stored is
as low as reasonablypracticablefortheoperationsinwhichtheyaretobeused; andPage 54Current as at [Not applicable]
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level of risk[s 75](b)blastingagentsanddetonatorsensitiveexplosivesarestored in areas segregated from each other;
and(c)detonators are segregated from other
explosives; and(d)onlythingsassociatedwithstoringtheexplosivesarestored in the underground storage.(3)Thissectiondoesnotapplytoexplosivesstoredinanadit,drive or similar underground excavation that
is separate from,or not integrated with or connected to, an
underground miningoperation in which explosives are
used.75Underground storage locationThe
underground mine manager, or, if there is no undergroundminemanager,thesiteseniorexecutive,mustensureanunderground magazine at the mine is located
away from thefollowing things at the mine—(a)major access routes;(b)emergency escape routes or emergency
refuges;(c)high occupancy areas;(d)other hazardous substances;(e)major service facilities;(f)known micro-seismic areas.76Underground magazine designThe
underground mine manager, or, if there is no undergroundminemanager,thesiteseniorexecutive,mustensureeachunderground magazine at the mine is designed
and maintainedto 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;andCurrent as at [Not applicable]Page
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level of risk[s 77](iii)secured against theft; and(b)detonatorsinthemagazineareadequatelysegregatedfrom other
explosives; and(c)whenapersonispresentinthemagazine,theatmosphericcontaminantsinthemagazinedonotexceed the general exposure limits for
the contaminants;and(d)equipment used
for moving or storing explosives can bemanoeuvred
safely in the magazine.77Underground
temporary storage(1)The underground mine manager, or, if
there is no undergroundminemanager,thesiteseniorexecutive,mustensureanundergroundtemporarystorageareaatthemineislocatednear where the
explosives stored in the area are to be used.(2)Thepersonmustalsoensuretheundergroundtemporarystorage area is maintained and operated to
ensure—(a)explosives in the storage area—(i)donotexceedthequantityneededfortheoperations 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)constructedtoprotecttheexplosivesagainstimpact, squeezing and theft; and(ii)cleaned of
residual explosives before being reused;and(d)explosivesareremovedfromthestorageareaandthestorageareaclosedwhentheblastingoperationsforwhich the explosives were stored
stop.Page 56Current as at
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level of risk[s 78]78Record of underground storagesThe
underground mine manager, or, if there is no undergroundminemanager,thesiteseniorexecutive,mustensureanup-to-date record of the number and location
of undergroundmagazines and underground temporary storages
is—(a)kept at the mine; and(b)made available to an inspector at the
inspector’s request.Subdivision 4Miscellaneous79Theft
or other loss of explosives(1)The
site senior executive must ensure the mine has a system orwritten procedure for—(a)detecting theft or other loss of an
explosive during anypart 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 procedureprovidesforrecordingthefollowinginformationaboutthetheft 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.79AAccountability for explosives(1)A person at a mine who has the
immediate custody or controlofanyexplosives,whetherforthepurposeofstoring,transporting,usingordisposingoftheexplosivesorforanother purpose, must ensure the
following requirements arecomplied with—(a)ifthepersontakestheexplosivesfromstorageatthemine, the person must—Current as at [Not applicable]Page
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level of risk[s 80](i)delivertheexplosivestoapersonauthorisedtoreceive 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, thepersonmustdelivertheexplosivestoapersondesignated to
receive the explosives, and must accountfor the
explosives both when received for transport andwhen
delivered;(c)if the person uses the explosives, the
person must—(i)account for the explosives; and(ii)returnallexplosivesthataresurplustowhatisrequired to their storage location, and
account forthe explosives;(d)thepersonmustaccountfortheexplosivesiftheexplosives are destroyed or disposed
of.(2)Ifthepersoncannotproperlyaccountforanyoftheexplosives in accordance with
subsection (1), the person mustreportthefailure,usingthesystemorwrittenprocedureestablished under section 79.(3)In this section—account
for, in relation to explosives, means—(a)accuratelydetail,throughappropriaterecordkeeping,what happens to
the explosives; and(b)provide enough information for
detecting theft or otherloss under the system or written
procedure establishedunder section 79.Part 8Mine
plans80Survey grid systemThe site senior
executive must ensure—Page 58Current as at
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level of risk[s 81](a)adatumstationisestablishednearthemineforminesurveys and
referenced to GDA and AHD; and(b)ifalocalgridsystemisusedforthesurveys,therelationshipbetweenthegridsystemandGDAisestablished and shown on the survey
plans.81Protecting survey data against loss,
damage orunauthorised accessThesiteseniorexecutivemustensurethemine’scurrentsurvey data is kept in a secure way to
protect the data againstloss, damage or unauthorised
access.82Plans of mine workings(1)The site senior executive must ensure
survey plans of the mineworkings include the following matters
if they may affect thesafety and health of a person in the
workings—(a)the location of natural and artificial
features;(b)surface drill holes.(2)Thesiteseniorexecutivemustalsoensuretheplansaresufficient to correlate separate sets of
workings at the mine,including abandoned workings, to allow
the safe managementof interfacing between the workings.83Plans of operations undertaken at
abandoned mine(1)This section applies to a person who
is required, under section58(3) of the Act, to give the chief
inspector plans showing theextent of
operations at an abandoned mine.(2)The
person must ensure the plans are in the format and of thequality required by the chief
inspector.Example of quality for subsection
(2)—the quality of paper or ink used for the
plansCurrent as at [Not applicable]Page
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 84]Part 9Persons on siteDivision 1Fitness84Alcohol and drugs(1)A
person must not carry out operations at a mine, or enter anoperating part of a mine, if the person is
under the influence ofalcohol, or is impaired by a drug, to
the extent the alcohol ordrugimpairs,orcould impair, the person’s ability to
safelycarry 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)arecreationareadesignated,inwriting,bythesiteseniorexecutiveforthepurposeunderawrittenprocedure for
designating the area.85Fitness of
workersThe site senior executive must ensure a
worker at the minedoes not carry out work at the mine unless
the worker’s fitnesslevel has been decided under section
87 as adequate for thework.86Worker’s self-assessment of fitness
levelEachworkerattheminemustperiodicallyconductaself-assessmentoftheworker’scondition,including,forexample, for effects of heat strain or
fatigue, to decide if theworker is in a fit condition to carry
out the worker’s duties atthe mine without creating an
unacceptable level of risk.87Assessing workers
to decide fitness level(1)The site senior
executive must ensure—Page 60Current as at
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level of risk[s 88](a)eachworkeratthemineisassessedtodecideiftheworker’s fitness level is adequate to
enable the worker tocarryoutworkattheminewithoutcreatinganunacceptable level of risk; and(b)a record of the assessment (afitness assessment record)is kept.(2)Theassessmentmustbecarriedoutinanappropriateway,including,forexample,byamedicalexamination,havingregard 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 thework.(4)If the site senior executive considers
the assessment needs tobecarriedoutbyamedicalexamination,thesiteseniorexecutive must arrange for the assessment to
be done by, orunder 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)Theworker’semployermustpayfortheassessmentandfitness assessment report.Maximum penalty—30 penalty units.(6)Subsection(5)isnotasafetyandhealthobligationfortheAct.88Fitness of visitors(1)The
site senior executive must ensure a visitor does not enteranoperatingareaatthemineunless,havingregardtoCurrent as at [Not applicable]Page
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level of risk[s 89]conditions
prevailing in the area, the visitor’s fitness level isadequate to visit the area.(2)The site senior executive must
ensure—(a)thevisitor’sfitnesslevelisassessedinanappropriateway,including,forexample,byaquestionnaire,todecide if the visitor’s fitness level is
adequate to visit thearea; and(b)arecordoftheassessment(alsoafitnessassessmentrecord),including,forexample,acopyofthequestionnaire, is kept.89Work hours and rest breaksA
mine’s safety and health management system must providefor
controlling risk at the mine arising out of personal fatiguecaused by excessive work hours or
insufficient rest periods.90Amenities for
workers’ fitness and health(1)Thesiteseniorexecutivemustensuretheminehasappropriateamenitiesforusebyworkerstomaintaintheirfitness and health.(2)Withoutlimitingsubsection(1),theamenitiesmustincludethefollowingthings,asappropriate,havingregardtothenature 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 amenitiesmust include the following
things—(a)facilities for rest, sleep and
recreation;(b)food;Page 62Current as at [Not applicable]
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level of risk[s 91](c)provision for washing clothes;(d)an appropriate and effective
communication system.(4)The site senior
executive must also ensure the amenities are—(a)withinareasonabledistanceofeachworkplaceatthemine; and(b)kept in a hygienic condition.Division 2Training and
assessment91Induction training and
assessmentThe site senior executive must ensure each
worker at the mineisgivenappropriateinductiontrainingandperiodicallyassessed to
ensure the worker has adequate knowledge of thefollowing
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 communicationprocedures;(c)the
mine’s site procedures and practices;(d)theriskmanagementprocessmentionedinpart2,division 2;(e)emergency procedures and basic first
aid;(f)the Act and this regulation.92Persons who have not completed
induction trainingThe site senior executive must ensure a
person who has notcompleted induction training under section
91 is—(a)supervisedbyaworkerwhohascompletedtheinduction training when the person is in a
workplace atthe mine; andCurrent as at
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 93](b)given sufficient information on, and
instruction in, thefollowingmatterstoenablethepersontorespondappropriately in
an emergency situation—(i)themine’sworkpracticesandemergencyprocedures;(ii)theuseofprotectiveandemergencyequipment;and(c)made aware of the person’s safety and
health obligationsunder section 36 of the Act.93Training(1)The
site senior executive must ensure each worker at the mineistrained,ifnecessary,andperiodicallyassessed,toensurethe worker
has—(a)adequate knowledge and understanding
of the processesto be carried out, and the materials and
plant to be used,for the worker’s duties at the mine;
and(b)adequateskilltocarryouttheprocesses,handlethematerials and operate the plant;
and(c)adequate ability to access and
understand the proceduresand standard work instructions for the
worker’s duties.(2)Thetrainingmustbecarriedoutinanappropriateway,including, for example, by formal training
courses or informalon-the-job instruction.(3)Theassessmentmustbecarriedoutinanappropriateway,including,forexample,byexamination,testorproofofrelevant prior learning.(4)The
site senior executive must ensure a person being trainedorassesseddoesnotcarryoutworkatthemineunlessthepersonisadequatelysupervisedtopreventcreatinganunacceptable level of risk.(5)Subsection(4)doesnotapplytoworkcarriedoutbytheperson in an emergency.Page 64Current as at [Not applicable]
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level of risk[s 94]94Record of trainingThe site senior
executive must ensure a record is kept of thetraining given
to, and assessment of, each worker under thisdivision.Division 3Carrying out
tasks95Time and resources for carrying out
tasks(1)The site senior executive must ensure
time is allocated, andthe mine’s resources are distributed,
to enable each worker atthe mine to carry out the worker’s
tasks without creating anunacceptable level of risk.(2)Without limiting subsection (1), the
site senior executive mustensuretheworkerisgiventhesupervision,andhelpfromother competent persons, necessary to
achieve an acceptablelevel of risk.Example of
help—If the worker is working alone in a bin, or
on a busy roadway, theworker may be given help by another
worker keeping watch to ensurethe level of
risk is acceptable.(3)In this section—resourcesincludes the following things—(a)access and transport;(b)communication methods;(c)facilities, materials and
plant;Examples—consumableitems,sparepartsandpersonalprotectiveequipment(d)leadership, guidance and
training;(e)procedures,includingproceduresforcoordinatingactivities,andstandardworkinstructionsandotherrelevant
information.Current as at [Not applicable]Page
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level of risk[s 96]96Supervising workers(1)Without limiting section 95(2), the site
senior executive mustensure the mine’s activities and
workers are supervised to theextent necessary
to ensure each worker—(a)isnotlikelytobeexposedtoconditionsbeyondtheworker’s capabilities; and(b)is not likely to be affected by the
conditions in which theworkerisworkinginawaythatadverselyaffectstheworker’s fitness to perform critical
tasks; and(c)hastheresourcesnecessarytocarryouttheworker’stasks without
being exposed to an unacceptable level ofrisk; and(d)is working within the limits of the
worker’s fitness andcompetence; and(e)complieswiththeworker’ssafetyandhealthobligations.(2)Thesupervisionmustincludecommunication,includingdirectcontact,atappropriateintervalsbytheworker’ssupervisor.97Communicating with workers working alone
underground(1)Thissectionappliestoaworkerwhoisworkingaloneunderground at a mine and is not in frequent
communicationwith, or within easy hearing of, another
person at the mine.(2)Thesiteseniorexecutivemustensuretheworkeriscommunicated with at intervals of not more
than 2 hours.(3)Thissectiondoesnotapplyataminewhereonly1personworks.98Checking work quality(1)Thissectionappliestoworkcarriedoutatamineandforwhichcheckingthequalityofoutputfromtheworkisnecessary for managing risk at the
mine.Page 66Current as at
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level of risk[s 99](2)The
site senior executive must ensure the output is checked bya
person other than the person who carried out the work, toconfirm the output is suitable for
use.Example of checking the output of
work—x-raying a weld in a pressure vessel or
checking design calculationsDivision 4Miscellaneous99Entering a workplaceEachsupervisorforaworkplaceataminemustensureapersondoesnotentertheworkplaceunlessthesupervisorreasonably
believes the person is capable, having regard to theconditions prevailing in the workplace and
the person’s levelof supervision, to respond appropriately
to—(a)the normal activities in the
workplace; and(b)any incident or emergency likely to
occur.Part 10Plant
generallyNote—See also part 4
for provisions about electrical equipment and part 13 forprovisions about winding equipment.Division 1Selection and
design100Selection and design(1)A person who has an obligation under
the Act to manage riskat a mine in relation to the selection
and design of plant mustensure—(a)the
plant—Current as at [Not applicable]Page
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 100](i)isfitforitsintendeduseanduseinitsintendedworkenvironment,including,forexample,ahazardous area; and(ii)isergonomicallycompatiblewithpersonsoperating or
maintaining the plant; and(iii)hasappropriateprovisionforsafeaccess,egressand maintenance;
and(b)if it is necessary for managing risk
from the plant and itis reasonably practicable, the
plant—(i)fails to safety; and(ii)does not fail
catastrophically or by common modeor cascade
failure; and(iii)incorporatesappropriateengineeringcontrolstoprotect the plant operator and other
persons; andExample of engineering controls—guards on moving parts, rollover protection,
falling objectprotection, noise insulation or
seatbelts(iv)incorporates
appropriate backup systems to ensureplant remains
under control if its primary systemfails;
andExample of a backup system—a
vehicle’s parking brake to backup its service brake(v)is designed so its condition and
performance canbe monitored and incipient failures
detected.(2)In this section—hazardousareameansanareainwhichanexplosiveatmosphere is
present, or is likely to be present, in quantitiesrequiring special precautions for the
construction, installationand use of potential ignition
sources.Examples of potential ignition
sources—electrical equipment, naked flames, sparks
from grinding and weldingoperations, and hot surfacesPage
68Current as at [Not applicable]
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level of risk[s 101]101Instrumentation and warning devicesA
person who has an obligation under the Act to manage riskat a
mine in relation to the selection and design of plant mustensure the plant that is likely to cause a
hazard has adequate—(a)instrumentationtoenablemonitoringoftheplant’soperation and
condition; and(b)warningdevicestowarnpersonsneartheplantofitsstart-up, operation or failure.102Plant controls and control
systems(1)A person who has an obligation under
the Act to manage riskatamineinrelationtoplantcontrolsandcontrolsystemsmust, as far as reasonably practicable,
ensure—(a)the controls—(i)have
a standard method of operation or are markedor labelled to
state their method of operation; and(ii)are
easily identifiable, including, for example, by alabel, as the controls for the plant, or
part of plant,they control; and(b)the
control systems provide for—(i)effective communication between persons
involvedin the plant’s operation or maintenance;
and(ii)shutting the
plant down or otherwise bringing theplant to a safe
state in an emergency.(2)The person must
also ensure—(a)a remote control system is capable of
being disabled atthe plant; and(b)an
automatic control system is capable of being disabledat
the plant and overridden manually.(3)If,
having regard to the nature and level of risk from plant
usedat the mine, it is necessary for managing
the risk, the personmust also ensure—Current as at
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level of risk[s 103](a)aremotecontrolsystemfortheplantshutstheplantdown safely if
communication with the system is lost;and(b)an automatic control system for the
plant shuts the plantdown safely if the control system
fails; and(c)thecontrolsystemsshuttheplantdownorotherwisebring 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
usedat a mine, it is necessary for managing the
risk, the site seniorexecutive 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 ofbeing locked-out and tagged or
otherwise secured.Division 2Other provisions
about plant104Manufacture, construction, storage,
transport andinstallation(1)The
operator or site senior executive must ensure plant used,or
intended for use, at the mine is manufactured, constructed,stored,transportedandinstalledinaccordancewithanyapplicable specifications and
instructions.(2)For fixed plant, the operator or site
senior executive must alsoensure—Page 70Current as at [Not applicable]
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level of risk[s 105](a)the
plant is installed in a location and environment thatis
compatible with the plant and its use; and(b)theminelayoutincorporatesappropriatefacilitiesandadequate space for—(i)accesstoandegressfromtheplantduringemergencies; and(ii)theplant’soperation,monitoring,servicingandmaintenance.105Commissioning(1)Theoperatororsiteseniorexecutivemustensureplantiscommissioned in its operating
environment at the mine beforethe plant is
used to ensure the following matters—(a)itsintegrationintotheoperatingenvironmentandassociated systems;(b)the
plant performs within its specifications, if any, heldat
the mine under section 112;(c)hazard controls for the plant are adequate
and operatingwithin the specifications mentioned in
paragraph (b);(d)mine workers who are required to
operate the plant arecompetent to operate the plant
safely.(2)The operator or site senior executive
must ensure—(a)the commissioning is carried out in
accordance with themanufacturer’s instructions; and(b)adequate precautions are taken to
protect the safety andhealth of persons if—(i)the plant fails during commissioning;
or(ii)it is necessary
to commission the plant without allhazard controls
for the plant operating effectively.Current as at
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level of risk[s 106]106Operating plantA person who has
an obligation under the Act to manage riskat a mine in
relation to the operation of plant must ensure theplant 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 unfitfor 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 providefor the following matters—(a)isolatingplant,includingeffectivelyisolatingplanttocontrol 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)Thesiteseniorexecutiveforaminethatisnotrequiredtohave
a safety and health management system under the Actmust
ensure the mine has a standard work instruction for theactivities mentioned in subsection (1)(a) to
(d).(3)If the safety or health of a person is
directly affected by theoperationornon-operationofplant,thesystemorstandardworkinstructionmustalsoprovideforlocking-outandtagging the plant.108Monitoring(1)A
person who has an obligation under the Act to manage riskatamineinrelationtomonitoringplantmustmonitortheplant’s use, condition and performance
to—(a)detect any deterioration causing an
unacceptable level ofrisk; andPage 72Current as at [Not applicable]
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 109](b)decide if the plant is likely to operate
without causing anunacceptablelevelofriskuntiltheplantisnextmonitored;
and(c)provide information for preventive
maintenance.(2)The person must ensure the monitoring
is carried out—(a)duringtheplant’suseatscheduledintervalsorcontinuously, or after scheduled
periods of use; and(b)otherwise as necessary.109Service and maintenance(1)The operator or site senior executive
must ensure plant in useat the mine is serviced and maintained
so the plant—(a)is capable of performing its intended
functions; and(b)iswithintheconditionandperformancelimitsofitsspecifications.(2)If a
breakdown of the plant is likely to cause an unacceptablelevel of risk, the operator or site senior
executive must ensuretheservicingandmaintenanceisbasedonapreventivestrategy.(3)Iftheplantcannotbeservicedandmaintainedundersubsection(1),theoperatororsiteseniorexecutivemustensure the plant is taken out of
service.110Repair or modificationIf
plant at a mine is repaired or modified in a way that couldaffect the plant’s fitness for use for its
intended purpose, thesiteseniorexecutivemustensuresections100to105arecomplied with.111Dismantling or demolitionThe
site senior executive must ensure—Current as at
[Not applicable]Page 73
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and Quarrying Safety and Health Regulation 2017Chapter 2 Ways of
achieving an acceptable level of risk[s 112](a)as far as reasonably practicable,
sources of energy andhazardous substances are removed from
plant before theplant is dismantled or demolished;
and(b)thedismantlingordemolitioniscarriedoutinaccordance with any relevant
instructions for the plant’ssafe dismantling
or demolition.Notauthorised—indicativeonlyDivision 3Information and
records112Specifications, instructions and other
information aboutplant(1)If,
having regard to the nature and level of risk from plant
usedat a mine, it is necessary for managing the
risk, the site seniorexecutive must ensure—(a)theminehaswrittenspecificationsfortheplantandinstructions for its use; and(b)a copy of the specifications is
available to, and readilyaccessible by, each worker required to
use the plant atthe mine; and(c)acopyoftheinstructionsisavailableto,andreadilyaccessibleby,eachworkerrequiredtocarryouttheactivity to which the instructions
relate at the mine.(2)Thespecificationsmustincludethefollowingmatters,asappropriate, having regard to the
nature and level of risk fromthe
plant—(a)the plant’s intended use and
environment;(b)its design envelope, including limits
for its normal andabnormal 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;Page 74Current as at [Not applicable]
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 113](g)design drawings and calculations, and
specifications forits materials and parts;(h)theknowledgeandcompetencyrequirementsforpersonsinstalling,commissioning,operating,monitoring,
servicing, maintaining and disposing of theplant.(3)Theinstructionsforusingtheplantmustdealwiththefollowing matters for the plant, as
appropriate, having regardto 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 theplant,itisnecessaryformanagingtherisk,thesiteseniorexecutive must ensure hazard warnings,
operating limitations,instructions for use and other
critical information are markedon the plant or
displayed near the plant.113Records(1)If, having regard to the nature and
level of risk from plant usedat a mine, it is
necessary for managing the risk, the site seniorexecutive must ensure a record is kept at
the mine about—(a)the plant’s—(i)manufacture,construction,storage,transport,andinstallation; and(ii)commissioning; and(iii)use;
and(iv)servicing and
maintenance; and(v)repair and modification; andCurrent as at [Not applicable]Page
75
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 114](vi)inspection, testing and monitoring, and any
actiontakenasaresultoftheinspection,testingandmonitoring; and(b)incidents, damage and operation happening
outside theplant’s design envelope.(2)For
ropes used in winding operations in which a winder of atleast30kWcapacityisused,thesiteseniorexecutivemustensure 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 permanentdecommissioning or disposal; and(b)availableto,andreadilyaccessibleby,eachworkerusing the plant at the mine.Part
11Procedures and standard workinstructions114Procedures and standard work instructions
for particularoperations(1)This
section applies to operations at a mine if, having regardtothenatureandlevelofriskfromtheoperations,itisnecessary 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 must ensure
the mine has a writtenprocedureorstandardworkinstructionforcarryingouttheoperations.Page 76Current as at [Not applicable]
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 115]115Accessing current procedures and standard
workinstructionsThe site senior
executive must ensure—(a)theissueandavailabilityofthemine’swrittenproceduresandstandardworkinstructionsarecontrolled to ensure only current versions
are in use; and(b)each worker at the mine is aware of
the current writtenprocedures and standard work instructions
for the part ofthe mine’s operations in which the worker
works; and(c)copiesofthecurrentproceduresandinstructionsareavailabletoeachworkertowhomtheproceduresandinstructions apply.116Written proceduresThe site senior
executive must ensure each written procedurefor an activity
carried out at the mine includes the followinginformation—(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)areferencetorelevantstandardworkinstructionsandother relevant written procedures;(f)an appropriate identification,
including the procedure’sversion number and date of
issue.117Standard work instructions(1)Thesiteseniorexecutivemustensureeachstandardworkinstruction for
a task at the mine is—(a)in a form
suitable for use at the site where the task iscarried out;
andCurrent as at [Not applicable]Page
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 118](b)easily understandable by persons carrying
out the task;and(c)as brief and
concise as is reasonable.(2)Thesiteseniorexecutivemustensurethestandardworkinstruction includes the following
information—(a)the purpose of the task;(b)a description of how the task must be
carried out;(c)areferencetorelevantwrittenproceduresandotherrelevant
standard work instructions;(d)an
appropriate identification, including the instruction’sversion number and date of issue.Part
12Records generally118Way
records must be keptThe site senior executive must ensure
records required to bekept at the mine under the Act are
kept in an appropriate way,havingregardtothenatureandextentofthemine’soperations.119Period for which particular records must be
kept(1)The site senior executive must ensure
the following recordsabout a worker are kept at least until
the worker ceases to beemployed, or carry out work, at the
mine—(a)eachhealthassessmentrecordandhealthassessmentreport;(b)eachfitnessassessmentrecordandfitnessassessmentreport;(c)each personal exposure limit set under
section 133.(2)The site senior executive must ensure
the following recordsaboutavisitorarekeptatleastuntilthevisitorleavesthemine—Page 78Current as at [Not applicable]
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 120](a)each
health assessment record;(b)each fitness
assessment record.120Confidentiality of worker’s medical
record(1)A site senior executive may only
obtain a worker’s medicalrecord with the worker’s written
consent.Maximum penalty—30 penalty units.(2)A site senior executive must not
disclose to anyone, other thanthe worker or
someone with the worker’s written consent, thecontents of the
worker’s medical record.Example of someone with the worker’s
written consent—the worker’s representative at the
workplaceMaximum penalty—30 penalty units.(3)Subsections (1) and (2) are not safety
and health obligationsfor the Act.Part 13Winding operationsDivision 1Preliminary121Application of partThispartappliesonlytowindingoperationsinwhichawinder of at least 30kW capacity is
used.Division 2Controlling
winding operations122Appointment of persons to control
winding operationsThe site senior executive must appoint, in
writing, 1 or morepersons to control winding operations at the
mine.Current as at [Not applicable]Page
79
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 123]123Acknowledgement of appointment(1)A person appointed to control winding
operations at a minemust acknowledge the appointment by
notice given to the sitesenior executive.(2)For
section 59(1)(e) of the Act, the notice is prescribed as amatter that must be included in the mine
record.Division 3Safety
provisions for windingequipment124Control measures to protect against persons
and thingsfalling into shaftsThe site senior
executive must ensure control measures are inplace at the
mine to—(a)preventpersons,rock,materialandotherthingsfromfallingdownashaft,winzeorraiseusedinwindingoperations at
the mine; and(b)protect, as far as reasonably
practicable, persons in theshaft, winze or
raise against falling rock, material andother
things.125ConveyancesThe site senior
executive must ensure a conveyance used inwinding
operations at the mine—(a)isnotunintentionallyobstructedinitspassageintheshaft during the operations;
and(b)is prevented from colliding with other
things in the shaftduring the operations; and(c)has ways of preventing persons, rock,
material and otherthings from unintentionally protruding from,
or movingin, the conveyance.Page 80Current as at [Not applicable]
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 126]126Winders(1)Thesiteseniorexecutivemustensureawinderusedatthemine has ways
of—(a)preventingoverwind,overspeedanduncontrolledmovement 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 backupsystemforpreventingoverwindandoverspeedofaconveyance.(3)Thesiteseniorexecutivemustensureawinderoperatingautomaticallyiscapableofbeingstoppedfromeachofthefollowing
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.127Other
safety provisions for winding equipment(1)Thesiteseniorexecutivemustensurewindingequipmentused at the mine
includes—(a)asfarasreasonablypracticable,arrestorsorotherdevices 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 forwinding—(a)hasanappropriatesafetyfactor,havingregardtotheoperation for which the rope is used;
and(b)is regularly tested to ensure its safe
performance.Current as at [Not applicable]Page
81
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and Quarrying Safety and Health Regulation 2017Chapter 2 Ways of
achieving an acceptable level of risk[s 128]Division 4MiscellaneousNotauthorised—indicativeonly128Monitoring and
maintaining winding equipmentThesiteseniorexecutivemustensuretheminehaswrittenproceduresformonitoringandmaintainingwindingequipment in use at the mine.129Testing winding equipment after
particular events(1)This section applies if a following
event happens at a mine—(a)windingequipmentisrepairedtoanextentthatmayaffect 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)aseismiceventthatmayaffectthesafetyofwindingoperations.(2)The
site senior executive must ensure a person is not carried ina
conveyance, other than a stage, in the winding operationsuntil—(a)the
conveyance has made 1 trip up and down the shaftthroughitsnormalworkingrangeatfulloperatingspeed; and(b)the
winding equipment has been found to operate safely.130Signalling and communication(1)The site senior executive must ensure
the mine has a systemforeffectivecommunicationbetweenpersonsinvolvedinoperating,monitoringorusingwindingequipmentatthemine.(2)Ifthecommunicationsysteminvolvestheuseofasignalscode, the site
senior executive must ensure—(a)each
person involved in winding operations at the mineis
familiar with the code; andPage 82Current as at [Not applicable]
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 131](b)a
copy of the code is displayed—(i)in
view of the winder driver; and(ii)at
each entrance to the shaft.Notauthorised—indicativeonlyPart
14Work environmentDivision 1Managing risk from exposure tohazards generallySubdivision
1Health assessments131Health assessment of workers(1)Thissectionappliesifahazardwithpotentialtocauseasignificant adverse effect on the safety or
health of a person isidentified at a mine.(2)The site senior executive must
ensure—(a)the physical and medical condition of
each worker at themineisassessedtocheck,asfarasreasonablypracticable,foranyconditionthatmayimpairtheworker’s ability to tolerate the hazard
without harmingthe worker or the worker’s future children;
and(b)a record of the assessment (ahealth assessment record)is
kept.(3)Theassessmentmustbecarriedoutinanappropriateway,including,forexample,byamedicalexamination,havingregard 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,asnecessary,toassesschangesintheworker’s ability
to tolerate the hazard.Current as at [Not applicable]Page
83
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 132](5)If
the site senior executive considers the assessment needs tobecarriedoutbyamedicalexamination,thesiteseniorexecutive must arrange for the assessment to
be done by, orunder 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 assessmentand
the health assessment reports.Maximum
penalty—30 penalty units.(7)Subsection(6)isnotasafetyandhealthobligationfortheAct.132Health assessment of visitorsThe
site senior executive must ensure—(a)the
physical and medical condition of each visitor to themine
is assessed in an appropriate way, including, forexample, by a questionnaire, to decide if
the visitor hasanyconditionthatmayimpairthevisitor’sabilitytotolerate a hazard to which the visitor
may be exposed atthe mine; and(b)arecordoftheassessment(alsoahealthassessmentrecord),including,forexample,acopyofthequestionnaire, is kept.Subdivision 2Limiting
exposure to hazards133Exposure limits for workers(1)Thissectionappliesifanassessmentofaworker’shealthunder section 131 shows the worker has an
unacceptable levelof risk from a hazard at a lower level of
exposure than thegeneral exposure limit for the hazard,
including, for example,Page 84Current as at
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 134]because a
personal factor of the worker impairs the worker’sability to tolerate the hazard.Example of a personal factor—fitness, diet, pregnancy, physical
disability, allergy or phobia(2)Thesiteseniorexecutivemustensureapersonalexposurelimit is set for the worker for the hazard
to reduce the risk toan acceptable level.134Adjusting exposure limits for hazards
for workers(1)Thissectionappliesifahazardisinamine’sworkenvironment and
at least 1 of the following apply to a workerat the
mine—(a)theworker’sworkcycledoesnotconformtothestandardworkcycleusedinestablishingthegeneralexposure limit
for the hazard;(b)the worker’s work cycle decreases the
rate at which theworker recovers from adverse effects of the
hazard;(c)the effects of a hazard on the worker
may increase if theworkerdoesheavystrenuousworkorworksunderadverse climatic conditions.(2)Thesiteseniorexecutivemustensuretheexposurelimitapplying to the worker for the hazard is
adjusted to accountfor the circumstances mentioned in
subsection (1).(3)If the national standard for the
hazard or NOHSC’s guidancenote states a way of adjusting the
general exposure limit forthe hazard in the circumstances, the
site senior executive mustensuretheexposurelimitapplyingtotheworkerforthehazard is adjusted in the stated
way.(4)Iftheworkenvironmentataminecontainshazardsthatinteract with each other to increase their
adverse effects on aworker,thesiteseniorexecutivemustensuretheexposurelimits that
apply to the worker for the hazards are adjusted toaccount for the interaction.(5)In this section—Current as at
[Not applicable]Page 85
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 135]NOHSC’s guidance
notemeans NOHSC’s document called‘Guidance Note on the Interpretation of
Exposure StandardsforAtmosphericContaminantsintheOccupationalEnvironment 3rd
edition [NOHSC:3008 (1995)]’.standardworkcycle,generally,meansaworkcycleconsisting 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.135Limiting workers’ exposure(1)The site senior executive must ensure
a worker’s exposure to ahazard at the mine—(a)doesnotexceedtheexposurelimitapplyingtotheworker for the hazard; and(b)is as low as reasonably
achievable.(2)This section does not apply to the
worker’s exposure to thehazard during an emergency
evacuation.136Monitoring workers’ exposure(1)This section applies to a hazard at a
mine—(a)thathasthepotentialtoexceedtheexposurelimitapplying to a worker for the hazard;
or(b)for which the level of risk may
vary.(2)The site senior executive must ensure
the worker’s exposure tothehazardismonitored,andthemonitoringresultsareanalysed, regularly.(3)If a relevant Australian standard or
national standard states away of carrying out the monitoring or
analysis, the site seniorexecutive must ensure the monitoring
or analysis is done inthe stated way.Page 86Current as at [Not applicable]
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 137]Examples of a
relevant Australian or national standard—1for
inspirable dust—AS 3640 ‘Workplace atmospheres—Methodfor
sampling and gravimetric determination of inhalable dust’2for lead—NOHSC’s document called
‘National Standard for theControl of Inorganic Lead at Work
[NOHSC:1012]’3for respirable dust—AS 2985 ‘Workplace
atmospheres—Methodfor sampling and gravimetric determination
of respirable dust’137Tampering with monitoring samples and
resultsA person must not tamper, or allow another
person to tamper,with a sample or the results of a sample
taken to monitor aworker’s exposure to a hazard at a
mine.138Health surveillance(1)The site senior executive must arrange
for health surveillanceof a worker at the mine if the site
senior executive reasonablybelieves, or
ought to reasonably 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 workconditions; and(c)either—(i)a
valid technique capable of detecting signs of thehealth effect exists; or(ii)avalidbiologicalmonitoringprocedureisavailabletodetectchangesfromthecurrentaccepted values
for the hazard.Examples of changes from current accepted
values—1a higher than normal blood level of
lead caused byexposure to substances containing
lead2a raised urinary mercury level caused
by exposure tomercury vapourCurrent as at
[Not applicable]Page 87
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 138](2)Thesiteseniorexecutivemustarrangeforthehealthsurveillancetobedoneby,orundertheinstructionof,anappropriate doctor.(2A)The appropriate
doctor must give—(a)the site senior executive a health
surveillance report; and(b)the worker a
copy and explanation of the report.(3)Theworker’semployermustpayfortheworker’shealthsurveillance and
the health surveillance reports.Maximum
penalty—30 penalty units.(4)The site senior
executive must ensure the health surveillancereport is kept
for the following period—(a)forahazardwithacumulativeordelayedeffect—30years;Example for
paragraph (a)—silica, noise or vibration(b)for another hazard—7 years.(5)Ifthemineceasesoperationsintheperiodthehealthsurveillance
report is required to be kept under subsection (4),the
site senior executive must ask for, and comply with, thechief executive’s directions about the
report’s storage.(6)Subsection(3)isnotasafetyandhealthobligationfortheAct.(7)In
this section—healthsurveillancereportmeansinformation,otherthanamedical record, about—(a)the
effects on the worker’s health related to the worker’sexposure to a hazard at the mine; and(b)the need, if any, for remedial
action.Page 88Current as at
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 139]139Removing affected worker from work
environment(1)Subsection (2) applies if a worker has
effects from a hazard,otherthanlead,atamineexceedingtheexposurelimitapplying to the worker for the
hazard.(2)The site senior executive must ensure
the worker is removedfrom, and does not resume, work
involving exposure to a levelof the hazard
that would increase the effects orpreventtheeffects decreasing.(3)The site senior executive must ensure
a worker—(a)is removed from a lead-risk job if the
worker has a bloodlead level at or above the worker’s removal
level; and(b)does not resume a lead-risk job until
the worker’s bloodlead level is less than the level stated for
the worker inthe inorganic lead standard, section
15(27).(4)In this section—inorganicleadstandardmeansNOHSC’sdocumentcalled‘National Standard for the Control of
Inorganic Lead at Work[NOHSC:1012]’.lead-risk
job, for a worker, means work in which the
bloodlead level of the worker might reasonably be
expected to rise,ordoesrise,above1.45mmo/L(30mg/dL)ortheworker'sremoval level,
whichever is the lower.removal level, for a worker,
means the removal level stated forthe worker in
the inorganic lead standard, section 15(24).140Using
personal protective equipment(1)Thissectionapplies if a person’s exposure to a hazard
at aminecannotbepreventedorreducedotherthanbyusingpersonal
protective equipment.(2)The site senior
executive must ensure—(a)thepersonisgivensuitableandeffectivepersonalprotective equipment; and(b)the person is competent in using the
equipment; andCurrent as at [Not applicable]Page
89
Mining
and Quarrying Safety and Health Regulation 2017Chapter 2 Ways of
achieving an acceptable level of risk[s 141](c)the person’s work load and work cycles
are reduced toallow for the increased physical load of the
equipment.(3)A person who is given personal
protective equipment undersubsection (2) must use the equipment
when the person’s levelof risk from the hazard is
unacceptable.Notauthorised—indicativeonlyDivision 2Managing risk
from exposure toparticular hazards141Asbestos material installed in buildings and
plant(1)Thissectionappliesifasbestosmaterialisinstalledinabuilding or plant at a mine.(2)Thesiteseniorexecutivemustensureastandardworkinstruction or procedure is
established—(a)topreventtheexposureofpersonstotheasbestosmaterial;
or(b)iftheexposurecannotbeprevented,tominimisetheexposure.(3)The
standard work instruction or procedure must include—(a)thestepsthatmustbetakentorestrictaccessto,andprevent
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 atregularintervalsofatleast1yearandearlierifthenature or location of work in the
vicinity of the asbestosmaterial changes.(4)If
the asbestos material is friable, poorly bonded or unstable,forexample,becauseofdamageordeterioration,thesitesenior executive
must ensure the asbestos material is enclosed,sealed or
removed.(5)Iftheasbestosmaterialistoberemoved,thesiteseniorexecutivemustensureanasbestosremovalistremovesthePage 90Current as at
[Not applicable]
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 142]asbestos
material under NOHSC’s document called ‘Code ofPractice for the
Safe Removal of Asbestos [NOHSC:2002]’.142Asbestos, other than asbestos material
installed inbuildings and plant(1)This
section applies to asbestos occurring naturally at a mine.(2)The site senior executive must
ensure—(a)action is taken to prevent the
exposure of persons to theasbestos; or(b)if
the exposure can not be prevented, action is taken toprotect the health of persons at the mine
from the effectof the asbestos.(3)Thesiteseniorexecutivemustensuremonitoringorassessment of airborne asbestos is carried
out under NOHSC’sdocumentcalled‘GuidanceNoteontheMembraneFilterMethod for
Estimating Airborne Asbestos Fibres 2nd edition[NOHSC:3003
(2005)]’.143Heat(1)The
site senior executive must ensure the mine has a systemformanagingtherisktopersonsfromheatinplacesatthemine where the wet bulb temperature
exceeds 27ºC.(2)The system must provide for setting
maximum wet and drybulbtemperaturelimitsforthepersons’exposurehavingregard to subsection (3) and any criteria
stated in a guidelinefor managing heat.(3)The
site senior executive must ensure a person is not exposedto a
wet bulb temperature exceeding 34ºC at the mine unlessthe
person is—(a)engagedinworktoreducethetemperatureandauthorisedbytheperson’semployerorsupervisortocarry out the work; orCurrent as at
[Not applicable]Page 91
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Regulation 2017Chapter 2 Ways of achieving an acceptable
level of risk[s 144](b)aminesrescuemembercarryingouttrainingoremergencyresponseunderproceduresdocumentedinthe
system; or(c)being evacuated in an
emergency.144Oxygen(1)The
site senior executive must ensure a person is not exposedto—(a)an atmosphere in
a confined space on the surface of themine 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 anoxygen content of less than 18% by
volume.(2)In this section—confined
spacemeans a confined space as defined in AS
2865‘Confined Spaces’.145Radiation(1)Thissectionappliesifapersoninamine’sworkorlocalenvironment is
likely to be exposed, above acceptable limits,to radiation
from a naturally occurring radioactive substanceat
the mine.(2)The site senior executive must
ensure—(a)theminehasasystemtoprovideforthesafemanagement of
the radiation; and(b)the system is complied with.Page
92Current as at [Not applicable]
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15Mining and Quarrying Safety and Health
Regulation 2017Chapter 3 Miscellaneous[s 146]Miscellaneous146Access to Act and regulationThe
site senior executive must ensure a copy of the Act andthis
regulation is kept at the mine in a location that is easilyaccessible by each person at the
mine.147Workers’ access to guidelinesThe
site senior executive must ensure a copy of the currentguideline for work carried out at the mine
is available to, andeasily accessible by, each worker
carrying out the work at themine.148Prohibited substancesThe
site senior executive must ensure a prohibited substancementioned in schedule 3, column 1 is not
used at the mine foraprohibitedpurposementionedinschedule3,column2opposite the name of the substance.Chapter 3Miscellaneous149Declarations about mines—Act, s 9(1)Forsection9(1)(e)oftheAct,eachplacementionedinschedule 4, part 1 is declared to be a
mine.(2)For section 9(4) of the Act, each
place mentioned in schedule4, part 2 is
declared to be a mine or part of a mine to which theAct
does not apply.Current as at [Not applicable]Page
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Regulation 2017Chapter 4 Transitional provisions[s
150]150Number of persons for giving facility
description—Act, s47Forsection47(1)(b)oftheAct,theprescribednumberofpersons is—(a)for
section 47(1)(b)(i)—5; or(b)for section
47(1)(b)(ii)—4.150ACivil penalties—Act, ss 246E and
246F(1)For section 246E of the Act,
definition civil penalty obligation,thesafetyandhealthobligationsandotherobligationsmentioned in
schedule 5A are prescribed.(2)For
section 246F(3) of the Act, the category of a civil penaltyobligation is—(a)foranobligationmentionedinschedule5A,part1—category 1; or(b)foranobligationmentionedinschedule5A,part2—category 2; or(c)foranobligationmentionedinschedule5A,part3—category 3.151Board
of examiners’ feesThe fees payable to the board of examiners
under the Act arestated in schedule 6, part 1.Chapter 4Transitional
provisions152DefinitionIn this
chapter—Page 94Current as at
[Not applicable]
Mining and Quarrying Safety and Health
Regulation 2017Chapter 4 Transitional provisions[s
153]repealed regulationmeans theMining and Quarrying Safetyand
Health Regulation 2001.Notauthorised—indicativeonly153Documents(1)A
document, including an electronic document, made undertherepealedregulationforaparticularpurposethatisstillcurrentandrelevantforthesamepurposeistaken,forthatpurpose, to have
been made under this regulation.(2)If
the context requires, the document is taken to have takeneffect, to have been made, or to have been
given or received,whenthedocumenttookeffect,wasmadeorwasgivenorreceived under the repealed
regulation.(3)In this section—documentincludes—(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)adocumentthatformspartofasafetyandhealthmanagement
system; and(l)a notice; and(m)a
notification; and(n)a plan; and(o)a
procedure; andCurrent as at [Not applicable]Page
95
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 4 Transitional provisions[s
154](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 thecommencement is
taken to be a process undertaken under thisregulation.(2)A
process started under the repealed regulation that was notcompleted before the commencement may be
continued underthis regulation.(3)In
this section—processincludes—(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 healthfee that accrued for a period before
the commencement, is tobeworkedoutusinginformationincludedinasafetyandhealthcensusundersection11D,asiftherepealhadnothappened.(2)The amount of the safety and health
fee that accrued under therepealedregulationispayableundersection11Casiftherepeal had not happened.Page 96Current as at [Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 4 Transitional provisions[s
156]156Notice if safety and health census not
given or isinadequateThe chief
executive may give a notice under section 11E inrelation to a safety and health census
given, or not given, inrelation to a period before the
commencement.157Late or unpaid feesSections 11F and 11G apply to any amount
that, immediatelybefore the commencement, was unpaid under
section 11F or11G of the repealed regulation, including an
amount that isunpaidbecausethesafetyandhealthcensushadnotbeengiven as required under section 11D or
11F.158Refund of overpayment of safety and
health feeSection11Happliestoanyamountoverpaidundertherepealed regulation.160Exposure limitsAn exposure
limit in effect for a worker immediately beforethe commencement
continues to apply to the worker on thecommencement.161Obligation to do things within or for stated
period(1)This section applies if—(a)before the commencement, a person was
required to dosomething, under a provision of the repealed
regulation,within or for a stated period; and(b)immediatelybeforethecommencement,thestatedperiod 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 anoticeCurrent as at [Not applicable]Page
97
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Chapter 4 Transitional provisions[s
162](2)Theprovisionofthisregulationthatcorrespondstotheprovision of the repealed regulation
applies to the doing of thething as if the
provision had been in force when the periodstarted.162Obligation to do things
indefinitely(1)This section applies if, before the
commencement, a personwasrequiredtodosomethingunderaprovisionoftherepealed regulation for an indefinite
period.(2)Theprovisionofthisregulationthatcorrespondstotheprovision of the repealed regulation
applies to the doing of thething as if the
provision had been in force when the periodstarted.163References to repealed
regulationInaninstrument,ifthecontextpermits,areferencetotherepealedregulationistakentobeareferencetothisregulation.164Obligations, accountabilities and
directionsTherepealoftherepealedregulationdoesnotaffectanobligation,accountabilityordirectionheld,acquiredorreceived by a person under the repealed
regulation.165Acts of personsAn act of a
person under the repealed regulation is taken to bean
equivalent act under this regulation.Page 98Current as at [Not applicable]
Schedule 1Mining and
Quarrying Safety and Health Regulation 2017Schedule 1Types of high potentialincidents for
section 195(2)(b)of the ActNotauthorised—indicativeonlysection 12A1theft or other loss of explosive2the entrapment of a person3an incident causing an emergency
evacuation of the mine orpart of it, other than as part of a
training exercise4a catastrophic or major structural
failure of plant5one of the following incidents, if the
incident has the potentialto cause a significant adverse effect
on the safety or health of aperson—(a)a fire;(b)an
inrush;(c)damageto,orfailureof,haulagewindingofliftingequipment;(d)anunplannedmovementof,orafailuretostop,avehicle;(e)thefailureinserviceofexplosionprotectionorexplosive-protected plant;(f)afailureofelectricalequipmentoranelectricalinstallation;(g)a
failure of ground control support or reinforcement;(h)the exposure of a person to a
hazardous substance;(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;Current as at [Not applicable]Page
99
Mining
and Quarrying Safety and Health Regulation 2017Schedule 1(m)anunplannedignitionorexplosionofgas,dustorexplosive;(n)aspontaneouscombustionofamaterialinanunderground mine;(o)anunforeseenincidentthesiteseniorexecutiveconsiders
appropriate to be reportedNotauthorised—indicativeonlyPage
100Current as at [Not applicable]
Notauthorised—indicativeonlySchedule 1AMining and
Quarrying Safety and Health Regulation 2017Schedule
1ADiseases for section 195(6) ofthe
Actsection 12Basbestosischronic
obstructive pulmonary diseaselegionellosisoccupational
asthmaoccupational cancersilicosisCurrent as at [Not applicable]Page
101
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Schedule 2Schedule 2Types of serious accidents andhigh
potential incidentssection 13Part 1Types for section 197(1) of theAct1a type of high
potential incident mentioned in schedule 12an
incident causing the death of a person3an
incident causing a person to be admitted to a hospital as anin-patient for treatment4anincidentcausingapersonto suffer an
injury causing, orlikely to cause, a permanent injury to the
person’s health5an incident causing a person to become
unconsciousPart 2Types for
section 198(1)(c) ofthe Acta type of
serious accident or high potential incident mentionedin
part 1 of this schedulePage 102Current as at
[Not applicable]
Notauthorised—indicativeonlySchedule 3Mining and
Quarrying Safety and Health Regulation 2017Schedule 3Prohibited substancessection
148Column 1Prohibited
substanceColumn 2Prohibited
purposeamosite, crocidolite, fibrousanthophyllite, tremolite or actinoliteall
uses, other than sampling,analysis, maintenance, removal,disposal, encapsulation orenclosurechrysotile, other
than chrysotileall uses, other than research,occurring in a product or itemanalysis, removal or disposalexempted under NOHSC’s documentcalled ‘National Model Regulationsfor
the Control of WorkplaceHazardous Substances[NOHSC:1005 (1994)]’, schedule 2compressed natural gas, hydrogen,use
underground in an internal orliquid petroleum
gas, petrolexternal combustion engineCurrent as at [Not applicable]Page
103
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Schedule 4Schedule 4Declarations about minessection
149Part 1Places declared
to be minesUniversityofQueenslandminelocatedat40IslesRoad,IndooroopillyPart 2Mines or parts of mines towhich Act does not apply1apartofaminewhereelectricalworksownedbyanelectricity entity, other than RTA
Weipa Pty Ltd ABN 54 137266 285, are located2a part of a mine on or adjacent to
mining lease 8058, held byMount Isa Mines Limited ACN 87 009 661
447, where theMountIsaWaterBoardcarriesoutactivitiesinconnectionwith providing
water for the City of Mount Isa or operationson or adjacent
to the mining leaseNote—TheareawheretheMountIsaWaterBoardcarriesouttheactivities is shown outlined in red on
Mount Isa Mines Limitedplan number MIWB DME 1 held by the
department.Page 104Current as at
[Not applicable]
Schedule 5Mining and
Quarrying Safety and Health Regulation 2017Schedule 5General exposure limits forhazardsschedule 7,
definitiongeneral exposure limitNotauthorised—indicativeonlyColumn 1Hazardatmospheric contaminantcrystalline
silica (cristobalite,quartz, tridymite)inspirable
dustionising radiationnoiserespirable dustCurrent as at
[Not applicable]Column 2General exposure
limitthe exposure standard assigned to thecontaminant in NOHSC’s documentcalled ‘Adopted National ExposureStandards for AtmosphericContaminants in the OccupationalEnvironment [NOHSC:1003(1995)]’0.1mg/m3Note—See the
‘Amendments to the AdoptedNational Exposure Standards forAtmospheric Contaminants in theOccupational Environment (Source CUpdates) 2004’ published in theCommonwealth of Australia Gazette No.GN
49 on 8 December 2004.10mg/m3the
dose limit stated in NOHSC’sdocument called
‘National Standardfor Limiting Occupational Exposureto
Ionizing Radiation [NOHSC:1013(1995)]’,
schedule 1the dose limit stated in NOHSC’sdocument called ‘National Standardfor
Occupational Noise 2nd edition[NOHSC:1007
(2000)]’5mg/m3Page
105
Mining
and Quarrying Safety and Health Regulation 2017Schedule 5Column 1Hazardrespirable synthetic mineral fibreColumn 2General exposure
limit0.5 fibre/mL airNotauthorised—indicativeonlyPage 106Current as at
[Not applicable]
Notauthorised—indicativeonlySchedule 5AMining and
Quarrying Safety and Health Regulation 2017Schedule
5ACivil penaltiessection
150APart 1Category 1
obligations1the safety and health obligation under
section 39(1)(c) of theAct to develop a safety and health
management system for amine at which more than 10 workers are
employedPart 2Category 2
obligations1the safety and health obligation under
section 136(2) of thisregulation (relating to monitoring for
exposure to hazards)Part 3Category 3
obligations1the safety and health obligation under
section 39(1)(c) of theAct to implement a safety and health
management system for aminethatincludestheproceduresorstandardworkinstructions mentioned in sections 42, 47,
55, 58, 70, 71, 72,79, 128 and 141 of this regulation2thesafetyandhealthobligationsundersection131ofthisregulation
(relating to health assessments)3theobligationsundersection195oftheAct,otherthansection195(7)(relatingtonotifyingaccidents,incidents,deaths or
diseases)Current as at [Not applicable]Page
107
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Schedule 6Schedule 6Feessections 11C(2), 11F(4) and 151Part
1Board of examiners’ fees1Application for assessment for a first class
certificate ofcompetency2Issuing a duplicate certificate of
competency to replace alost, destroyed or defaced
certificatePart 2Other
fees$41.007.901Safety and health fee—(a)if the number of workers working at
the mine duringa financial year is more than 5 but not more
than10—for each worker working at the mine
during thefinancial year(b)if
the number of workers working at the mine duringa
financial year is more than 10—for each workerworking at the
mine during the financial year2Fee
for a late safety and health census$110.80880.00110.80Page 108Current as at [Not applicable]
Schedule 7Mining and
Quarrying Safety and Health Regulation 2017Schedule 7DictionaryNotauthorised—indicativeonlysection 3ADG Codemeans the Australian Code for the Transport
ofDangerousGoodsbyRoadandRailapprovedbytheTransport and
Infrastructure Council, as in force from time totime.AHDmeanstheAustralianheightdatumadoptedbytheNational Mapping
Council of Australia for referencing a levelor height back
to a standard base level.appropriatedoctor,forahealthsurveillanceorhealthassessment of a
person at a mine, means a doctor who—(a)either—(i)isregisteredwiththeAustralianHealthPractitionerRegulationAgencyasaspecialistinoccupational medicine; or(ii)has an
Australian Qualifications Framework level8 or above
qualification in occupational medicine;and(b)has demonstrated knowledge of the
risks associated withactivities performed by the mine’s
workers.ASorAS/NZSmeansastandardpublishedbyStandardsAustralia
Limited ACN 087 326 690.AS 2187means AS 2187
‘Explosives—Storage, transport anduse’.asbestosmeans the
asbestiform varieties of mineral silicatesbelongingtotheserpentineoramphibolegroupsofrock-forming minerals, including the
following minerals—(a)actinolite asbestos;(b)grunerite (or amosite) (brown)
asbestos;(c)anthophyllite asbestos;Current as at [Not applicable]Page
109
Mining
and Quarrying Safety and Health Regulation 2017Schedule 7Notauthorised—indicativeonlyPage 110(d)chrysotile (white);(e)crocidolite (blue);(f)tremolite asbestos;(g)amixturecontaining1ormoreofthemineralsmentioned in
paragraphs (a) to (f).Note—Paragraphs (a),
(b), (c) and (f) mention mineral silicates that use thesamemineraltermforboththeasbestiformandnonasbestiformvarieties. The
word ‘asbestos’ has been included when listing theseminerals to emphasise that only the
asbestiform habit of these mineralsis regulated as
asbestos.asbestosmaterialmeansinstalledthermaloracousticinsulation
material comprising or containing asbestos.atmospheric
contaminants guidance notemeans NOHSC’sdocumentcalled‘GuidanceNoteontheInterpretationofExposureStandardsforAtmosphericContaminantsintheOccupationalEnvironment3rdedition[NOHSC:3008(1995)]’.AustralianQualificationsFrameworkseetheHigherEducation Support Act 2003(Cwlth), schedule 1.biologicalmonitoring,forahazardoussubstance,meanstestingforthepresenceofahazardoussubstance,itsmetabolites or a biochemical change in a
person’s body tissue,exhaled air or fluid resulting from
exposure to the hazardoussubstance.blastingexplosivemeansanexplosivethatcontributesthemajority of the blasting work in mining or
quarrying.conveyanceincludes a skip,
cage, kibble or stage.dangerous goodssee section
51.detonatormeans a capsule
or case containing an explosive ofhigh sensitivity
used for initiating another explosive.effect, of
a hazard, means the hazard’s effect on a person’ssafety or health.electrical
workmeans electrical work within the meaning
oftheElectrical Safety Act 2002.Current as at [Not
applicable]
Mining and Quarrying Safety and Health
Regulation 2017Schedule 7Notauthorised—indicativeonlyelectricalworks,forschedule
4,part2,meanselectricalequipment and
electric line associated equipment within themeaning of
theElectrical Safety Act 2002.electricity entity, for schedule
4, part 2, has the meaning givenby theElectrical Safety Act 2002.emergency response planmeans an emergency response plandeveloped under section 35.employer, for a worker,
means the operator or contractor whoemploys the
worker.explosivemeans—(a)a blasting explosive; or(b)a detonator.exposed, to
a hazard that is a substance, for a person, meansthepersonhasabsorbed,orislikelytoabsorb,thesubstance—(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 forthe
hazard—the general exposure limit for the hazard or,if
the general exposure limit has been adjusted for theworker under section 134, the limit as
adjusted; or(b)iftheworkerhasapersonalexposurelimitforthehazard—the personal exposure limit or,
if the personalexposure limit has been adjusted for the
worker undersection 134, the limit as adjusted.extralowvoltagemeansavoltageoflessthan50Va.c.or120V
d.c., ripple free.extraneouselectricity,forblasting,meansanunintendedelectricalcurrentfromasource other than the firing devicewhich could initiate a detonator.Examples—stray currents,
induced currents, static electricity and radio-frequencyenergyCurrent as at
[Not applicable]Page 111
Mining
and Quarrying Safety and Health Regulation 2017Schedule 7Notauthorised—indicativeonlyPage 112fitness
assessment recordsee sections 87(1) and 88(2).fitnessassessmentreport,foraworker,meanswritteninformation,
other than a medical record, about the worker’sfitness for
work.GDAmeans Geocentric Datum of Australia
which is a systemof 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 otherlimit stated opposite the hazard in schedule
5, column 2.hazardous substance, see section
50.health assessment recordsee sections
131(2) and 132(b).healthassessmentreport,foraworker,meanswritteninformation,
other than a medical record, about the worker’sability to
tolerate a hazard without harming the worker or theworker’s children.healthsurveillancemeansthemonitoring,includingbiological monitoring and medical
assessment, of a person tocheck for changes in the person’s
health because of exposureto a hazard.identify,forahazard,meansestablishthepresenceofthehazard by a risk management
process.inspirabledustseetheatmosphericcontaminantsguidancenote, chapter 14.in
transit, for material at a mine, means—(a)at the mine for not more than 5 days;
and(b)not used or to be used at the mine;
and(c)ifsuppliedintanksorpackages,suppliedintanksorpackages that are not opened.local environment, of a mine,
means the area outside the minesite affected,
or reasonably likely to be affected, by operationsat
the mine.lock-out,plant,meansattachalocktotheplantoranenclosure in which the plant is
located.Current as at [Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Schedule 7major hazard
facilities standardmeans NOHSC’s documentcalled‘NationalStandardfortheControlofMajorHazardFacilities [NOHSC:1014 (2002)]’.major hazard facilitysee section
60.manufacturean explosive,
means manufacture the explosivewithin the
meaning of theExplosives Act 1999.medical record, of a person,
means personal medical resultsorclinicalfindingsobtainedfromafitnessorhealthassessment or
health surveillance of the person.MSDSstands for Material Safety Data
Sheet.NICNAS summary reportmeans a summary
report under theIndustrial Chemicals (Notification and
Assessment) Act 1989(Cwlth).NOHSCmeans the National Occupational Health and
SafetyCommissionundertheNationalOccupationalHealthandSafety Commission Act 1985(Cwlth).occupationalasthma,inrelationtoaperson,meansasthmacaused or
exacerbated by the person’s work or environmentalfactors at the person’s workplace.occupationalcancer,inrelationtoaperson,meanscancercaused,whollyorpartly,bytheperson’sworkorenvironmental factors at the person’s
workplace.personalexposurelimit,foraperson,meansthepersonalexposure limit
set for the person under section 133(2).possessan
explosive, means possess the explosive within themeaning of theExplosives Act
1999.possible major hazard facilitysee
section 60A.quartermeans a 3 month
period ending on 30 September, 31December, 31
March or 30 June.respirabledustseetheatmosphericcontaminantsguidancenote, chapter 14.respirablesyntheticmineralfibreseetheatmosphericcontaminants
guidance note, chapter 14.Current as at [Not applicable]Page
113
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Schedule 7responsibleperson,foramine,forchapter2,part2A,seesection 11B.safetyandhealthcensus,forchapter2,part2A,seesection 11D(1).safety and
health feesee section 11C(1).SDSmeans a document sufficient to comply with a
safety datasheet under theWorkHealthandSafetyRegulation2011ifthat regulation applied for the
purposes of this regulation.storeanexplosive,meansstoretheexplosivewithinthemeaning of theExplosives Act
1999.tag, plant or a
part of plant, means attach a tag to the plant orpart
or an enclosure in which the plant is located.underground
magazinemeans an underground magazine asdefined in AS 2187.Note—AS
2187.0—underground magazine—An enclosed
cavity formed in undergroundrock, or a
magazine constructed in accordance with AS 2187.1 forundergrounduse,whichisusedforthestorageofexplosivesanddetonators.underground
temporary storagemeans an area that is—(a)underground at a mine; and(b)setasidetemporarilyforstoringexplosivesforimminent use in operations that are in
progress near thetemporary storage.visitormeans a person other than a worker.windermeansawindingengineforraisingorloweringaconveyance in a shaft, winze or
raise.winding equipmentincludes the
following things—(a)a winder;(b)a
conveyance;(c)a counterweight for the
conveyance;Page 114Current as at
[Not applicable]
Notauthorised—indicativeonlyMining and Quarrying Safety and Health
Regulation 2017Schedule 7(d)ropesandattachmentsassociatedwiththewindingprocess;(e)a headframe;(f)guides;(g)equipment for loading and unloading the
conveyance.work environment, at a mine,
includes the mine site and plantat the
site.Current as at [Not applicable]Page
115