Mining and Quarrying Safety and Health Regulation 2017
Queensland Mining and
Quarrying Safety and Health Act 1999 Mining
and Quarrying Safety
and Health Regulation
2017 Current as at [Not applicable]
Indicative reprint note This is an
unofficial version of a
reprint of this regulation that incorporates all
proposed amendments
to the regulation
included in
the Mines Legislation
(Resources Safety)
Amendment Bill
2018. This
indicative reprint has been
prepared for information only— it is not an
authorised reprint of the regulation .
The
point-in-time date for this indicative reprint is the introduction
date for the Mines Legislation (Resources Safety)
Amendment Bill 2018—20 March 2018.
Detailed information about
indicative reprints
is available on
the Information page of the
Queensland legislation website.
©
State of Queensland 2018 This work is licensed under a Creative
Commons Attribution 4.0 International License.
Not authorised —indicative only
Queensland Mining and
Quarrying Safety and Health Regulation
2017 Contents Chapter 1
1 2 3
Chapter 2 Part 1
4 Part 2 Division 1
5 Division 2 6
7 8 9
Division 3 10
11 Part 2A 11A
11B 11C 11D
11E 11F Page
Preliminary Short title . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 9 Commencement . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Definitions . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 9 Ways of achieving an acceptable level
of risk Preliminary Ways of
achieving an acceptable level
of risk
. . . . . . . . . . . . . . . 9
Safety and health
risk management Risk management
practices and
procedures Risk management practices and
procedures . . . . . . . . . . . . . . . 10
Risk
management process Hazard
identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Risk
analysis . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
Risk
reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
Risk
monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Records about
risk management Risk management
record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
Risk
monitoring record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
Safety and health
fee Definitions for
part .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Meaning of
responsible person . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Payment of safety
and health
fee . . . . . . . . . . . . . . . . . . . . . . . .
16
Safety and health census to be given at the end of each quarter
17
Notice may
be given
if safety
and health
census not
given or
is inadequate . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 17 Fee for late safety and health census
. . . . . . . . . . . . . . . . . . . . . 19
Not authorised —indicative
only Mining and Quarrying Safety and Health
Regulation 2017 Contents 11G
11H Part 3 12
12A 12B 13
14 15 16
Part
4 Division 1 17
18 Division 2 19
Division 3 20
21 Division 4 22
23 24 25
26 26A 27
28 29 30
31 Part 5 32
33 Interest payable on unpaid fees
. .
. . . . . . . . . . . . . . . . . . . . . . . 19
Refund of overpayment of safety and health
fee . . . . . . . . . . . . . 20
Accidents, incidents, diseases and
injuries First aid and medical treatment . . . . . .
. . . . . . . . . . . . . . . . . . . . 20
Types of high potential incidents—Act, s 195
. . . . . . . . . . . . . . . 20
Diseases that must be reported—Act,
s 195
. . . . . . . . . . . . . . . .
20
Types of serious accidents and
high potential incidents—Act,
ss 197
and 198
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 20 Reporting
accidents and high potential incidents . . . . . . . .
. . . . 21 Site senior executive’s investigation
of incidents . . . . . . . . . . . . 21
Giving inspector details of accidents and
high potential incidents 21 Electrical Controlling electrical work Appointment of persons to control electrical work
. . . . . . . . . . . .
22
Acknowledgement of appointment
. . . . . . . . . . . . . . . . . . . . . . .
22
Notice of introduction or disconnection
of electricity Duty to give
notice of
proposed introduction or
disconnection of electricity
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 22 Operating
electrical equipment Electrical plans and data . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
22 Working on electrical equipment that
has explosion-protection . 23
Control and protection for electrical
equipment General
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Interrupting
electricity supply to particular plant . . . . . . . . . . . . .
24
Automatic control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Earthing . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Earth leakage
protection .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25
Basic safety principle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Isolation facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Protection for transportable and
mobile equipment . . . . . . . . . . .
26
Protection from live parts of electrical
equipment . . . . . . . . . . . .
26
Prospective touch
voltage .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Voltage rise .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27
Emergencies Risk management
for emergencies .
. . . . . . . . . . . . . . . . . . . . . .
27
Emergency preparedness—general . . . . . . . . . . . . . . . . . . . . . . 28
Page
2
Mining and Quarrying Safety and Health
Regulation 2017 Contents Not authorised —indicative only
35 36 36A
37 38 39
40 41 Part 6
42 43 44
45 46 47
48 49 Part 7
Division 1 Subdivision
1 50 51 Subdivision
2 52 53 Subdivision
3 54 55 56
57 58 59
Subdivision 4 Emergency
response plan . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 28 Evacuation . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
29 Escapeways from underground . . . . .
. . . . . . . . . . . . . . . . . . . . . 30
Refuges . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
30 Rescue . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 31 Resources for first aid and medical treatment . . . . . . . . . . . . . . .
32
Maintaining and
improving emergency response
capability . . . .
33
Mine
rescue plan .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33
Facilities and processes Dredging
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33
Excavations .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34
Ground control .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34
Mine
layout, design and construction . . . . . . . . . . . . . . . . . . . . . 35
Mine
roads . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36
Rail
haulage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36
Working at heights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36
Hazardous substances and
dangerous goods Provisions applying to all hazardous
substances and dangerous
goods Preliminary Meaning of
hazardous substance . . . . . . . . . . . . . . . . . . . . . . .
. 37 Meaning of dangerous goods
. .
. . . . . . . . . . . . . . . . . . . . . . . . .
37 Information about hazardous substances
and dangerous goods MSDS, SDS and NICNAS summary
report .
. . . . . . . . . . . . . . . .
38
Marking,
labelling and giving information
about hazardous substances and dangerous
goods . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 38 Dealing with
hazardous substances and dangerous goods Selecting
hazardous substances and dangerous goods . . . . . . .
40 Standard work instructions for
storing, handling and using hazardous substances
and dangerous
goods . . . . . . . . . . . . . . . . . . . . . . . 40
Storing and handling hazardous
substances and dangerous
goods 40 Monitoring, and taking action about,
hazardous substances and dangerous
goods . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Dealing with leaks and spills . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Disposal . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Major hazard facilities Page 3
Mining
and Quarrying Safety and Health Regulation 2017 Contents
Not authorised —indicative
only 60 60A
60B 60C 60D
60E 60F Subdivision
5 61 62 63
Division 2 Subdivision
1 64
65 66 67
68 Subdivision 2 69
70 71 72
73 Subdivision 3 74 75
76 77 78
Subdivision 4 79 79A
Part
8 Page 4 Meaning of major
hazard facility . . . . . . . . . . . . . . . . . . . . . .
. . . 42 Meaning of possible major hazard
facility . . . . . . . . . . . . . . . . . . 43
Notifying chief inspector if mine is a major
hazard facility or a possible major hazard
facility . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 44 Notifying chief
inspector of certain upgrades of mines . . . . . . .
. 44 Notifying chief inspector of certain
downgrades of mines . . . . . . 45
Safety and health management system for mine
that is a major hazard facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45
Safety report to
chief inspector . . . . . . . . . . . . . . . . . . . . . . . . . .
46
Miscellaneous Register of
hazardous substances and dangerous goods . . . . .
46 Resources for complying with MSDS and
SDS . . . . . . . . . . . . . . 47
Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47
Explosives General Persons who may handle explosives . . . . . . . . . . . . . . . . . . . . . 48
Selecting explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49
Warning about explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Storing,
transporting, using and disposing
of explosives . . . . . .
50
Mine vehicles and equipment used
for manufacturing, storing and
transporting explosives . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 50
Blasting procedures Identifying
interaction hazards before explosives are used . . . . .
51 Blasting procedures . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
52 Blasting in hot material
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53 Misfires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53
Disposing of
explosives .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Storing explosives underground at
underground mines Underground storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54
Underground storage location
. . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Underground magazine design
. . . . . . . . . . . . . . . . . . . . . . . . . .
55
Underground temporary storage
. . . . . . . . . . . . . . . . . . . . . . . . . 56
Record of
underground storages . . . . . . . . . . . . . . . . . . . . . . . . . 57
Miscellaneous Theft or other
loss of
explosives . . . . . . . . . . . . . . . . . . . . . . . . . 57
Accountability for explosives
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
57
Mine
plans
80 81 82
83 Part 9 Division 1
84 85 86
87 88 89
90 Division 2 91
92 93 94
Division 3 95
96 97 98
Division 4 99
Part
10 Division 1 100
101 102 103
Division 2 104
105 106 107
Mining and Quarrying Safety and Health
Regulation 2017 Contents Survey grid
system . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 58 Protecting
survey data against loss, damage or unauthorised access 59
Plans of mine workings . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 59
Plans of operations undertaken at abandoned
mine . . . . . . . . . . 59 Persons on
site Fitness Alcohol and
drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60
Fitness of workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60
Worker’s self-assessment of
fitness level
. . . . . . . . . . . . . . . . . .
60
Assessing workers to decide fitness level
. . . . . . . . . . . . . . . . . .
60
Fitness of
visitors . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Work
hours and rest breaks
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Amenities for workers’ fitness
and health . . . . . . . . . . . . . . . . . . 62
Training and assessment Induction
training and assessment . . . . . . . . . . . . . . . . . . . . . . . 63
Persons who have
not completed
induction training . . . . . . . . . . 63
Training . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Record of training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65
Carrying out
tasks Time and
resources for carrying out tasks . . . . . . . . . . . . . . . . .
65
Supervising workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Communicating with workers working alone
underground . . . . . 66
Checking work quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66
Miscellaneous Entering a
workplace . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67
Plant generally Selection and
design Selection and
design .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Instrumentation
and warning
devices . . . . . . . . . . . . . . . . . . . . . 69
Plant controls and control systems . . . . . . . . . . . . . . . . . . . . . . .
69
Isolation
facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Other provisions
about plant Manufacture, construction, storage, transport
and installation . .
70
Commissioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71
Operating plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72
Isolating, locking-out and tagging plant
. . . . . . . . . . . . . . . . . . . .
72
Page 5 Not authorised —indicative only
Mining
and Quarrying Safety and Health Regulation 2017 Contents
Not authorised —indicative
only 108 109
110 111 Division 3
112 113 Part 11
114 115 116
117 Part 12 118
119 120 Part 13
Division 1 121
Division 2 122
123 Division 3 124
125 126 127
Division 4 128
129 130 Part 14
Division 1 Subdivision
1 131
Monitoring . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 72 Service and maintenance
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Repair or modification . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
73 Dismantling or demolition
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Information and records
Specifications, instructions and
other information about
plant . .
74
Records . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Procedures and
standard work
instructions Procedures
and standard
work instructions for
particular operations 76 Accessing
current procedures and standard work instructions
. .
77
Written procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Standard work instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Records
generally Way records must
be kept
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
78
Period for which particular records
must be
kept . . . . . . . . . . . .
78
Confidentiality of worker’s medical record . . . . . . . . . . . . . . . . . . 79
Winding operations Preliminary Application
of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Controlling winding operations Appointment
of persons
to control
winding operations . . . . . . . .
79
Acknowledgement
of appointment . . . . . . . . . . . . . . . . . . . . . . . 80
Safety provisions
for winding
equipment Control measures
to protect
against persons and things falling
into shafts . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80 Conveyances . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 80
Winders . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
81 Other safety provisions for winding
equipment . . . . . . . . . . . . . . 81
Miscellaneous Monitoring and
maintaining winding equipment . . . . . . . . . . . . . 82
Testing winding equipment after
particular events . . . . . . . . . . .
82
Signalling and communication .
. . . . . . . . . . . . . . . . . . . . . . . . . .
82
Work
environment Managing risk
from exposure
to hazards
generally Health
assessments Health assessment of workers
. . . . . . . . . . . . . . . . . . . . . . . . . . 83
Page
6
Mining and Quarrying Safety and Health
Regulation 2017 Contents Not authorised —indicative only
132 Subdivision 2 133
134 135 136
137 138 139
140 Division 2 141
142 143 144
145 Part 15 146
147 148 Chapter 3
149 150 150A
151 Chapter 4 152
153 154 155
156 157 158
160 161 Health
assessment of visitors . . . . . . . . . . . . . . . . . . .
. . . . . . . . 84 Limiting exposure to hazards
Exposure limits for workers . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 84
Adjusting exposure limits for hazards for
workers . . . . . . . . . . . . 85
Limiting workers’ exposure
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
86 Monitoring workers’ exposure . . . . . . . . . . . . . . . . . . . . . . . . . . .
86
Tampering with
monitoring samples and results . . . . . . . . . . . . .
87
Health surveillance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Removing affected worker from work environment
. . . . . . . . . . . 89
Using personal protective equipment . . . . . . . . . . . . . . . . . . . . . 89
Managing risk from exposure
to particular
hazards Asbestos
material installed in buildings and plant . . . . . . . . . . . .
90
Asbestos, other than asbestos
material installed in buildings and
plant 91
Heat
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 91 Oxygen
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 92 Radiation . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92 Miscellaneous Access to Act and regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Workers’ access to guidelines
. . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Prohibited substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Miscellaneous Declarations about
mines—Act,
s 9
. . . . . . . . . . . . . . . . . . . . . . 93
Number of persons for giving facility description—Act,
s 47 . . . .
94
Civil penalties—Act, ss 246E and 246F . . . . . . . . . . . . . . . . . . .
94
Board of examiners’ fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94
Transitional
provisions Definition .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94
Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96
Safety and health fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96
Notice if safety
and health
census not
given or
is inadequate . .
97
Late
or unpaid fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Refund of overpayment of safety and health fee . . . . . . . . . . . . .
97
Exposure limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
97
Obligation to do
things within
or for
stated period
. . . . . . . . . . . .
97
Page
7
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only Mining and Quarrying Safety and Health
Regulation 2017 Contents 162
163 164 165
Schedule 1 Schedule
1A Schedule 2 Schedule 3
Schedule 4 Schedule 5
Schedule 5A Schedule 6
Schedule 7 Obligation to do
things indefinitely . . . . . . . . . . . . . . . . . . . . . . .
. 98 References to repealed
regulation . . . . . . . . . . . . . . . . . . . . . .
. 98 Obligations, accountabilities and
directions . . . . . . . . . . . . . . . .
98 Acts of persons . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98 Types of high potential incidents for
section 195(2)(b) of the Act 99
Diseases for section 195(6) of the
Act . . . . . . . . . . . . . . . . . .
101 Types of serious accidents and high
potential incidents . . . 102
Prohibited substances . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 103
Declarations about mines . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 104
General exposure limits for hazards
. .
. . . . . . . . . . . . . . . . . . 105
Civil penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 107 Fees . . . . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 108 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 109
Page
8
Mining and Quarrying Safety and Health
Regulation 2017 Chapter 1 Preliminary [s 1]
Mining and Quarrying Safety and Health
Regulation 2017 Not
authorised —indicative only
Chapter 1 Preliminary 1
Short
title This regulation may
be cited as
the Mining and
Quarrying Safety and
Health Regulation 2017 . 2
Commencement This regulation
commences on 1 September 2017. 3
Definitions The dictionary
in schedule 7 defines particular words used in this
regulation. Chapter 2 Ways of
achieving an acceptable level of risk Part 1
Preliminary 4
Ways
of achieving an acceptable level of risk (1)
This chapter,
other than
sections 60B(1),
60C(2), 87(5),
120(1) and
(2), 131(6)
and 138(3), prescribes ways
of achieving an
acceptable level
of risk at
a mine in
the circumstances mentioned in the
chapter. Current as at [Not applicable]
Page
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only Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 5] (2)
However, this
chapter does
not deal with
all circumstances that expose
someone to risk at a mine. (3) A
person may
discharge the
person’s safety
and health obligation in
the circumstances mentioned in this chapter only
by
following the ways prescribed. Note—
See
section 31 of the Act for the penalty for failing to discharge
the obligation. Part 2
Safety and health risk management Division 1
Risk
management practices and procedures 5
Risk
management practices and procedures The
site senior
executive must
ensure the
mine’s risk
management practices and procedures
are— (a) established in consultation with the
mine workers; and (b) compatible with, and coordinated
throughout the mine for, all operations at the mine.
Division 2 Risk management
process 6 Hazard identification
(1) A person who has an obligation under
the Act to manage risk at a mine must identify hazards in the
person’s own work and activities at the mine.
(2) The operator must ensure hazard
identification for the mine’s operations is
done during the operations’ planning and design.
Page
10 Current as at [Not applicable]
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 7] (3)
The
site senior executive must ensure hazard identification for
the
mine’s operations is done— (a) when the
operations start; and (b) during the
operations; and (c) when the operations change in size,
nature, complexity or another way; and (d)
for a hazard
caused by
a hazardous substance
or dangerous good—periodically at
intervals not
longer than 5
years. (4) For hazards
caused by
hazardous substances or
dangerous goods, the site
senior executive must ensure the identification includes the
following— (a) hazardous substances or
dangerous goods
being processed or
used for processing; (b) hazardous
substances or
dangerous goods
that are
a product, by-product or waste product
of operations; (c) hazardous substances or
dangerous goods
occurring in—
(i) the natural environment; or
(ii) plant or
facilities; or (iii) energy
sources. 7 Risk analysis (1)
A
person who has an obligation under the Act to manage risk
at a mine
must analyse
risk in
the person’s own
work and
activities to decide whether the risk is at
an acceptable level. (2) The person must
have regard to the following in analysing the risk—
(a) the results of hazard identification,
risk monitoring and incident investigations carried out for the
mine; (b) the work environment and work methods
for the mine’s operations; Current as at
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only Mining and Quarrying Safety and Health
Regulation 2017 Chapter 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 use
at
the mine; (e) other reasonably available relevant
information and data from, and
practices in,
other industries and
mining operations. 8
Risk
reduction (1) A person who has an obligation under
the Act to manage risk at a mine must, as far as reasonably
practicable, apply hazard controls in the following
order— (a) elimination of the hazard;
(b) substitution with a lesser
hazard; (c) separation of persons from the
hazard; (d) engineering controls;
Examples— 1
using fans and ducting to remove dust
2 using guards on conveyors
(e) administrative controls;
Examples— 1
a
restriction on the time a worker is exposed to a hazard
2 a procedure or standard work
instruction (f) personal protective equipment.
(2) The site senior executive must ensure
hazard controls used to reduce risk
in the mine’s
work and
local environments are
appropriate having regard to the
following— (a) the interaction of hazards present in
the environments; (b) the effectiveness and reliability of
the controls; (c) other reasonably available relevant
information and data from, and
practices in,
other industries and
mining operations. Page 12
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 9] 9
Risk
monitoring (1) A person who has an obligation under
the Act to manage risk at a
mine must
monitor risk
in the person’s
own work and
activities at the mine. (2)
The
site senior executive must ensure risk in the mine’s work
and local environments caused
by the mine’s
operations is
monitored— (a)
when
the operations start; and (b) at appropriate
intervals or stages during operations at the mine; and
(c) when the
mine’s risk
management practices
or procedures change
significantly. (3) Monitoring must include the following
things— (a) the occurrence of incidents, injuries
and ill health; (b) the level
of hazards present
in the mine’s
work environment; (c)
for monitoring under
subsection (2)—the
level of
hazards from the mine’s operations present
in the mine’s local environment. (4)
If
it is appropriate, having regard to the nature and level of
a hazard present in the work environment, the
monitoring must include 1 or more of the following
things— (a) personal monitoring to
decide a
worker’s level
of exposure to the hazard;
Example— monitoring a
worker using a dosimeter or other instrument to measure the
worker’s level of exposure to noise (b)
self-monitoring to detect effects of the
hazard; Example— self-recognition
of physical symptoms of heat stress or fatigue (c)
biological monitoring to
decide a
worker’s level
of exposure to the hazard;
Current as at [Not applicable]
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only Mining and Quarrying Safety and Health
Regulation 2017 Chapter 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 3 Records about
risk management 10 Risk management record
(1) This section applies to a risk
management process carried out at a
mine— (a) because the process is essential for
managing risk from a hazard that
is present, or
is likely to
be present in
proposed operations, at the mine; or
Example— a risk
management process carried out under section 32 (b)
under— (i)
a
guideline; or (ii) a
directive given
by an inspector
or inspection officer under
part 9 of the Act. (2) The site senior executive must ensure
a record of the process is made containing the following
details— (a) the names of the persons involved in
the risk assessment and their respective positions in the mine’s
management structure; (b)
a
description of the hazard to which the process relates;
(c) the method
used for
assessing the
likelihood and
consequences of the risk;
(d) the controls proposed to reduce the
risk. (3) The site senior executive must ensure
the record is kept at the mine until the hazard to which the
process relates is no longer present at the
mine. Page 14 Current as at
[Not applicable]
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 11] 11
Risk
monitoring record (1) The site senior executive must ensure
a record of monitoring carried out
under section
9(2) is
made and
kept for
the following period— (a)
for a hazard
with a
cumulative or
delayed effect—30
years; Example—
silica, noise or vibration
(b) for another hazard—7 years.
(2) If the
mine ceases
operations in
the period the
record is
required to
be kept under
subsection (1),
the site senior
executive must ask for, and comply with, the
chief executive’s directions about the record’s
storage. Part 2A Safety and
health fee 11A Definitions for part
In
this part— responsible person , for a mine,
means the responsible person for the mine
within the meaning of section 11B. safety and
health census see section 11D(1). safety and
health fee see section 11C(1). 11B
Meaning of responsible
person (1) A person is the responsible
person for a mine if the person is—
(a) for a mine operated under a mining
tenure, other than a mining tenure that is a prospecting
permit— (i) if the operator for the mine is an
individual—the holder of the mining tenure for the mine;
or Current as at [Not applicable]
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only Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 11C] (ii)
if
the operator for the mine is a corporation—the operator for the
mine; or (b) for a quarry—the operator for the
mine; or (c) for a place that is a mine under
section 9(1)(c) of the Act—the person in control of the
mine. (2) However, if
the mining tenure
mentioned in
subsection (1)(a)(i)
is held by
more than
1 person, for
the purpose of
giving or
receiving notices
under this
part, including
for giving a
safety and
health census
under section
11D, the
responsible person for the mine is—
(a) if a
person has
been specified
under the
Mineral Resources Act
1989 as the person on whom any notice
may
be served on behalf of the holders of the mining
tenure—the person specified; or
Note— See the
Mineral Resources Act 1989
,
sections 61(1)(c), 133(c), 183(1)(c) and 245(1)(c).
(b) otherwise—any person
who is a
holder of
the mining tenure.
11C Payment of safety and health
fee (1) The responsible person for a mine must
pay a fee (a safety and health
fee ) to cover the cost of the department’s
activities carried out for the purposes of safety and
health for operations during each financial year.
(2) The amount of the safety and health
fee is stated in schedule 6, part 2. (3)
The
amount of the safety and health fee must be worked out
using information included in each safety
and health census given to
the chief executive
under section
11D for the
financial year for the mine.
(4) The chief
executive must
give the
responsible person
an invoice for
the amount of
the safety and
health fee
on or before 10
October after the end of the financial year. Page 16
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 11D] (5)
The
amount of the safety and health fee must be paid by the
responsible person on or before 31 October
after the end of the financial year. Maximum
penalty—100 penalty units. Not authorised
—indicative only
11D Safety and health census to be given
at the end of each quarter (1)
The responsible person
for a mine
must give
the chief executive, within
20 days after
the end of
each quarter,
a notice (a
safety and
health census
) stating the
number of
workers working at the mine during the
quarter. Maximum penalty—100 penalty units.
(2) Despite subsection (1), the
responsible person may give the safety
and health census
after the
period mentioned
in the subsection ends
if, before the period ends— (a)
the
responsible person applies to the chief executive in
writing to extend the period to give the
safety and health census; and (b)
the
chief executive gives the responsible person a notice
stating that the responsible person may give
the safety and health census before the end of a day
stated in the notice for that purpose. (3)
If the responsible person
is given notice
under subsection (2)(b), the
responsible person must give the chief executive
the
safety and health census before the end of the day stated in
the
notice for giving the census. Maximum
penalty—100 penalty units. (4) The safety and
health census must be in the approved form. 11E
Notice may be given if safety and health
census not given or is inadequate (1)
This
section applies if the chief executive reasonably believes,
based on
information available
to the chief
executive, the
responsible person for a mine—
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only Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 11E] (a)
has
not given a safety and health census under section
11D;
or (b) has given an incomplete safety and
health census; or (c) has given
a safety and
health census
containing information that
is incorrect. (2) The chief
executive may
give the
responsible person
a notice— (a)
stating the following information—
(i) the ground mentioned in subsection
(1)(a), (b) or (c) on which
the chief executive
reasonably believes
this section
applies in
relation to
the responsible person;
(ii) if the ground is
the ground mentioned in subsection (1)(c)—the information the
chief executive
reasonably believes is incorrect;
(iii) the amount of
the safety and health fee the chief executive
reasonably believes
is payable by
the responsible person for the
mine; (iv) the facts and
circumstances forming the basis for the beliefs
mentioned in subparagraphs (i) to (iii); and
(b) inviting the
responsible person
to give the
chief executive, within
the reasonable period
stated in
the notice, a written submission about why
the responsible person for
the mine should
not be invoiced
for the amount mentioned
in paragraph (a)(iii). (3) The chief
executive must consider any submissions given by
the
responsible person within the period stated in the notice.
(4) If, after complying with subsection
(3), the chief executive is satisfied an
amount of a safety and health fee is payable by the
responsible person,
the chief executive
may give the
responsible person an invoice for the
fee. Page 18 Current as at
[Not applicable]
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 11F] (5)
Subsection (4)
applies even
if the responsible person
has already been given an invoice for, or
paid, a different amount for the fee. (6)
The
responsible person must pay the amount of the safety and
health fee stated in the invoice within 30
days after receiving the invoice. 11F
Fee
for late safety and health census (1)
This
section applies if the responsible person for a mine does
not
give a safety and health census for a quarter before either
of
the following days— (a) if the chief executive has given the
responsible person a notice mentioned
in section 11D(2)(b)—the day
after the
day stated in
the notice for
giving the
safety and
health census; (b)
otherwise—the day that is 21 days after the
end of the quarter. (2)
The
obligation under section 11D to give a safety and health
census continues to apply until that section
is complied with. (3) A late
fee applies and
is payable as
well as
any penalty imposed under
section 11D(1) or (3). (4) The amount of
the late fee is stated in schedule 6, part 2. 11G
Interest payable on unpaid fees
(1) This section applies if the
responsible person for a mine does not pay an
amount of a safety and health fee under section 11C or
11E. (2) The responsible person
must pay
interest on
the unpaid amount at the
rate of 15% a year. (3) The interest must be calculated as
simple interest. (4) The interest payable on the unpaid
amount may be recovered by the chief executive as a
debt. Current as at [Not applicable]
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only Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 11H] 11H
Refund of overpayment of safety and health
fee (1) If a safety and health fee is overpaid
by the responsible person for a mine, the chief executive must
refund the amount of the overpayment to the responsible
person. (2) No interest is payable on the amount
refunded. Part 3 Accidents,
incidents, diseases and injuries 12
First
aid and medical treatment The site senior executive must ensure
a person who is injured, or whose health is affected, at the
mine is given appropriate first aid or medical treatment.
12A Types of high potential incidents—Act,
s 195 For section 195(2)(b)
of the Act,
a type of
high potential
incident mentioned in schedule 1 is
prescribed. 12B Diseases that must be reported—Act, s
195 For section 195(6) of the Act, a disease
mentioned in schedule 1A is prescribed. 13
Types
of serious accidents and high potential incidents—
Act,
ss 197 and 198 (1) For section 197(1) of the Act, a type
of serious accident or high potential
incident mentioned
in schedule 2,
part 1
is prescribed. (2)
For
section 198(1)(c) of the Act, a type of serious accident or
high potential
incident mentioned
in schedule 2,
part 2
is prescribed. Page 20
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 14] 14
Reporting accidents and high potential
incidents A mine’s safety and health management system
must include procedures for workers reporting accidents
and high potential incidents to the site senior
executive. Not authorised —indicative only
15 Site senior executive’s investigation
of incidents (1) In investigating the
cause of
an
incident at a mine,
the site senior 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 in the incident. (2)
A
mine’s safety and health management system must provide
for documenting the
techniques that
must be
used for
investigating incidents. 16
Giving inspector details of accidents and
high potential incidents (1)
This
section applies if an accident or high potential incident
happens at a mine. (2)
If requested by
an inspector, the
site senior
executive must
give
the inspector a plan, of the type and at the scale required
by the inspector, or
photographs, showing
relevant details
about the accident or incident.
Part
4 Electrical Note—
See
also part 10. Current as at [Not applicable]
Page
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only Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 17] Division 1
Controlling electrical work
17 Appointment of persons to control
electrical work If electrical work
is, or is
proposed to
be, undertaken in
operations at a mine, the site senior
executive must appoint, in writing, 1 or more persons to control
the electrical work. 18 Acknowledgement of appointment
(1) A person appointed to control
electrical work at a mine must acknowledge the
appointment by
notice given
to the site
senior executive. (2)
For
section 59(1)(e) of the Act, the notice is prescribed as a
matter that must be included in the mine
record. Division 2 Notice of
introduction or disconnection of electricity
19 Duty to give notice of proposed
introduction or disconnection of electricity
Before an
electricity supply
exceeding 75kW
capacity is
introduced to, or permanently disconnected
from, a mine, the site senior executive must notify an
inspector of the proposed introduction or disconnection.
Division 3 Operating
electrical equipment 20 Electrical plans and data
(1) The site senior executive must ensure
the following are kept at the mine for the safe operation of
each electrical installation at the mine—
Page
22 Current as at [Not applicable]
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 21] (a)
up-to-date plans identifying and showing the
location of electrical installations at
the mine, including
buried electrical
services; (b) electrical safety
data including
equipment ratings
and protection settings for circuit
protection devices. (2) In this section— protection
setting , for a circuit protection device, means
the current, voltage or operating time at which
the device is set to trip when the device detects an
electrical fault in the circuit. 21
Working on electrical equipment that
has explosion-protection (1)
A
person must not carry out work on electrical equipment that
has explosion-protection,
unless the
person has
the competencies to carry out the
work. (2) In this section— explosion-protection means a
technique of protection applied to
the design of
electrical equipment, components and
systems to
prevent the
electrical energy
from becoming
an ignition source in the presence of
flammable vapours or gases or combustible dusts in hazardous
areas. Division 4 Control and
protection for electrical equipment 22
General The operator or
site senior executive must ensure— (a)
switchgear used at the mine allows for
reliable circuit interruption, under fault conditions, at all
points in the mine’s electrical distribution system;
and (b) each electrical circuit
at the mine
is protected against
overload, short circuit and earth fault
under all operating conditions to effectively—
Current as at [Not applicable]
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 23] (i)
interrupt the electricity supply; and
(ii) isolate
faults. 23 Interrupting electricity supply to
particular plant The operator or
site senior
executive must
ensure the
electricity supply to the following plant at
the mine is capable of interruption from
an accessible position
remote from
the plant— (a)
a
stacker, reclaimer, dredge, floating treatment plant and
underground electrical installation;
(b) other plant identified by a risk
assessment as needing its electricity supply to be capable of
interruption from an accessible position remote from the
plant to ensure an acceptable level of risk.
24 Automatic control The operator or
site senior executive must ensure— (a)
each automatic, programmable or
computerised electrical control
system at
the mine operates
safely under all
operating conditions, including power supply instability or
failure; and (b) the emergency stopping systems and
safety alarms at the mine remain effective if there is a
fault or failure in a system mentioned in paragraph
(a). 25 Earthing The
operator or
site senior
executive must
ensure each
earthing system
at the mine
is installed and
maintained at
sufficiently low
impedance and
has sufficient capacity
to ensure— (a)
reliable operation
of electrical protective systems
and devices; and Page 24
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 26] (b)
adequate protection against
contact with
conductive parts that have
become live under fault conditions. Not
authorised —indicative only
26 Earth leakage protection
(1) The operator or site senior executive
must ensure the mine has earth leakage protection for each
electrical circuit exceeding extra low
voltage that— (a) is in an underground mine; or
(b) is in a portable, transportable or
mobile apparatus; or (c) has
an outlet for,
or supplies electricity to,
a trailing cable or
flexible lead. (2) Subsection (1) does not apply to the
following circuits— (a) an electrical circuit—
(i) isolated from earth; or
(ii) that uses the
earth to carry all or part of the normal current of a
circuit; or (iii) for
which continuity of
supply is
necessary to
maintain safety; (b)
a
control or lighting circuit of less than 120V a.c.
26A Basic safety principle
(1) A person carrying out or preparing to
carry out work on or near electrical equipment must treat
each exposed electrical conductor as live until the equipment
is— (a) isolated and proved to be
de-energised; and (b) if the equipment is a high voltage
conductor—earthed. (2) In this section— electrical equipment
means an
item used
for generating, converting, transmitting, distributing or
using electrical energy.
high
voltage means a voltage of more than 1200V.
Current as at [Not applicable]
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 27] 27
Isolation facilities (1)
The
operator or site senior executive must ensure each item of
electrical equipment
used at
the mine has
a full current
isolation facility
in a location
that is
easily accessible by
a person required to carry out the
isolation. (2) The operator
or site senior
executive must
also ensure
the isolator is— (a)
clearly marked or labelled as the isolator
for the plant; and (b) compatible with
the mine’s isolation
and lock-out procedures. 28
Protection for transportable and mobile
equipment (1) This section applies if transportable
or mobile equipment used at a
mine is
supplied with
electricity exceeding
extra low
voltage by a trailing or reeling cable,
other than a low voltage cable that has— (a)
no
joining plugs or sockets; and (b)
earth leakage protection with a rated
tripping current of not more than 30mA; and (c)
individually screened power
conductors. (2) The site senior executive must ensure
the equipment has earth continuity protection to—
(a) isolate the
electricity supply
to the equipment
immediately after
the earthing circuit
is broken or
the cable is disconnected or decoupled;
and (b) prevent a person inadvertently
contacting live parts of the equipment. 29
Protection from live parts of electrical
equipment The operator or
site senior
executive must
ensure electrical equipment
exceeding extra low voltage used at the mine has a
Page
26 Current as at [Not applicable]
Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 30] device
or feature for
preventing a
person inadvertently contacting live
parts of the equipment. Example of a device or feature—
an enclosure, shield,
insulation, interlocking device
or automatic disconnection
device Not authorised —indicative only
30 Prospective touch voltage
(1) The operator
or site senior
executive must
ensure the
prospective touch
voltage at
the mine is
limited to
a level necessary to
achieve an acceptable level of risk. (2)
In
this section— prospective touch voltage
means the highest voltage a person
is
liable to be exposed to if the person contacts
simultaneously accessible parts
in an electrical installation during
an electrical fault. 31
Voltage rise The operator or
site senior executive must ensure voltage rise in
an electrical installation at
the mine caused
by lightning strike,
static electricity, voltage
surges and
other transient
voltages is
limited to
a level necessary
to achieve an
acceptable level of risk, having regard to
the ways stated in a guideline for limiting voltage
rise. Part 5 Emergencies 32
Risk
management for emergencies (1) The
site senior
executive must
ensure the
risk management process
mentioned in
part 2,
division 2
is carried out
for reasonably foreseeable emergencies at
the mine to decide the resources, facilities and procedures
necessary to— (a) prepare the
mine for
managing and
controlling the
hazards causing the emergencies; and
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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 risk management
process must deal with the following matters— (a)
coordinating control of emergencies;
(b) giving notice,
information and
warnings about
emergencies; (c)
the
immediate availability of trained rescue persons or
emergency services; (d)
locating, and accounting for,
persons; (e) controlling or
re-establishing control
of the hazard
causing the emergency; (f)
isolating the area of the incident,
including, for example, by cutting off the supply of energy to
the area; (g) emergency egress and evacuation,
including refuges; (h) first aid and persons trained in
giving first aid; (i) liaising with,
and using, local
or state emergency
services; (j)
backup services and facilities for the
emergency. 33 Emergency preparedness—general
The site senior
executive must
ensure the
mine has
the resources and facilities decided as
necessary under section 32 for the
mine’s preparedness for
reasonably foreseeable emergencies. 35
Emergency response plan (1)
A
mine’s safety and health management system must include
an
emergency response plan developed having regard to the
risk
management process carried out under section 32.
Page
28 Current as at [Not applicable]
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 36] (2)
The site senior
executive for
a mine that
is not required
to have a
safety and
health management system
under section
38(3) or
39(2) of
the Act must
ensure the
mine has
an emergency response plan developed
having regard to the risk management process carried out under
section 32. (3) The operator
of a mine
mentioned in
subsection (2)
must provide
adequate resources
at the mine
to ensure the
effectiveness and implementation of the
emergency response plan. Note—
See section 38(1)(f)
of the Act
for the operator’s obligation about
resources for
a mine that
is required to
have a
safety and
health management
system. 36 Evacuation (1)
This section
applies to
a mine if
resources, facilities or
procedures for
evacuating persons
are decided as
necessary for the mine
under section 32. (2) The site
senior executive
must ensure
the mine has
the following things
as are appropriate, having
regard to
the nature and complexity of the mine’s
operations— (a) a normal way of access;
(b) signed escape ways independent of the
normal way of access; (c)
assembly areas; (d)
equipment and training for
self-rescue; (e) resources, facilities and procedures
for tracing persons involved in an incident at the mine;
(f) a way of knowing the names and
approximate location of all persons underground.
(3) If an emergency happens at the mine
and creates, or is likely to create,
an unacceptable level
of risk, the
site senior
executive must ensure— Current as at
[Not applicable] Page 29
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persons who
are, or
may be, harmed
or affected as
a result of the emergency are evacuated
from the area of unacceptable risk; and (b)
persons, other
than those
required to
handle the
emergency, are prevented from entering the
area. 36A Escapeways from underground
(1) The underground mine manager or, if
there is no underground mine manager,
the site senior
executive, must
ensure that,
before stoping
operations start
at the mine,
the mine has
at least 2 trafficable egresses
(the escapeways ), complying
with subsection (2), accessible from all stoping
operations to the surface. (2)
The
escapeways must— (a) be located strategically to manage
risk; and (b) allow for
the passage of
rescue persons
and rescue equipment,
including stretchers; and (c) be separated in
a way that an event happening in 1 of the escapeways would
not prevent persons escaping through the other
escapeway. (5) The underground mine manager or, if
there is no underground mine manager, the site senior
executive, must ensure each of the escapeways
is— (a) maintained in
a safe, accessible and
usable condition; and
(b) adequately marked or signposted,
having regard to the potential for reduced visibility in an
emergency. 37 Refuges (1)
This
section applies to a mine if refuges for emergencies are
decided as necessary for the mine under
section 32. Page 30 Current as at
[Not applicable]
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 38] (2)
The site senior
executive must
ensure the
mine has
the following things
as are appropriate, having
regard to
the nature and complexity of the mine’s
operations— (a) fresh air bases; (b)
self-contained refuge chambers;
(c) secure areas where persons can be
protected against the hazard causing the incident.
(3) A person must seek refuge until
rescued if— (a) an emergency happens at a mine and
creates, or is likely to create, an unacceptable level of
risk for the person; and (b)
the
person can not be evacuated promptly from the area
of
unacceptable risk. 38 Rescue (1)
This
section applies to a mine if facilities or procedures for
rescuing persons in emergencies are decided
as necessary for the mine under section 32.
(2) The site
senior executive
must ensure
the mine has
the following things
as are appropriate, having
regard to
the nature and complexity of the mine’s
operations— (a) facilities or procedures for—
(i) persons, and using equipment, on-site;
and (ii) liaising with,
and using, local or state emergency services;
(b) if the nature or remoteness of the
mine’s operations limit the effectiveness of local or state
emergency services— (i) the availability of
suitably trained
site-based persons and
suitable rescue equipment; and (ii)
facilities and
procedures for
liaising with,
and using, persons
and equipment from
other operations and
agencies for carrying out a rescue. Current as at
[Not applicable] Page 31
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The site senior
executive must
ensure reasonable action
is taken to rescue persons from an area
of unacceptable risk, or a refuge, at the mine.
(4) In deciding what action is reasonable
for subsection (3), the site senior executive must have regard
to the risk to persons in carrying out the rescue.
39 Resources for first aid and medical
treatment (1) This section applies to a mine if
facilities or procedures for first aid or
medical treatment for emergencies are decided to
be
necessary for the mine under a risk management process
carried out under section 32.
(2) The site
senior executive
must, if
it is appropriate having
regard to the nature and complexity of the
mine’s operations, ensure the mine has the following
things— (a) adequate supplies of first aid and
trauma kits; (b) basic life support training for
workers; (c) equipment appropriate for
controlling the
on-site hazards
identified by the risk management process; (d)
facilities and
procedures for
liaising with,
and using, local and state
emergency services; (e) if the nature or remoteness of the
mine’s operations limit the effectiveness of local or state
emergency services— (i) the availability of
suitably trained
site-based personnel
and suitable first
aid and medical
equipment; and (ii)
facilities and
procedures for
evacuating persons
from
the site for medical treatment. Page 32
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level of risk [s 40] 40
Maintaining and improving emergency
response capability (1)
The
site senior executive must ensure the mine’s emergency
response facilities and equipment are
inspected regularly and maintained in a fully operational
condition. (2) The site
senior executive
must also
ensure the
mine’s emergency
response plan is— (a) tested and
reviewed as
often as
appropriate, having
regard to
the nature and
complexity of
the mine’s operations, but
at least once a year; and (b) amended, if
necessary, to achieve an acceptable level of risk.
41 Mine rescue plan (1)
The
site senior executive must ensure the mine has a current
rescue plan
showing the
mine’s emergency
facilities, including
relevant services
reticulation and
communication arrangements. (2)
For an underground mine,
the plan must
also show
the following things— (a)
the
direction and quantity of the ventilating airflow;
(b) the location of ventilation
controls. (3) In an
emergency, the
site senior
executive must
make available
to the persons
carrying out
the rescue a
sufficient number of copies
of the plan at a scale suitable for use by the persons in the
emergency. Part 6 Facilities and
processes 42 Dredging If a dredge is
used at a mine, the site senior executive must ensure
the mine has
a written procedure
for the following
things— Current as at
[Not applicable] Page 33
Mining
and Quarrying Safety and Health Regulation 2017 Chapter 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 in paragraph (a). Not
authorised —indicative
only 43 Excavations (1)
If
an excavation exists on a mine site, the site senior
executive must ensure
appropriate facilities are
provided to
minimise the risk to
persons from falling into the excavation. Example of
appropriate facilities— a fence, barricade, bund wall or
signage (2) In this section— excavation includes
a shaft, stope,
pass, winze,
mine or
quarry face, trench, costean and pit.
44 Ground control (1)
A
person who has an obligation under the Act to manage risk
in relation to
ground control
at a mine
during the
mine’s design,
operation or
abandonment must
ensure appropriate measures are
taken to prevent or control local and area failures
in
ground integrity. (2) The person
must have
regard to
the following matters
in deciding the appropriate
measures— (a) local geological structure and rock
properties and their influence on rock stability;
(b) the size and geometry of the mine’s
openings; (c) the presence
of previously excavated
or abandoned underground
workings; (d) water inflow,
drainage patterns,
groundwater regimes
and
mine dewatering procedures and their influence on
rock
stability over time; Page 34 Current as at
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 45] (e)
the
analysis and interpretation of relevant geotechnical
data, including
the monitoring of
openings and
excavations. (3)
The
measures must include the following things— (a)
the
minimisation of rock damage, from blasting, at the
excavation perimeter; (b)
the use of
appropriate equipment
and procedures for
scaling; (c)
the proper design,
installation and
quality control
of rock support; (d)
the timing of
ground support
to take account
of rock conditions and
behaviour. 45 Mine layout, design and
construction A person who has an obligation under the Act
to manage risk at a mine in relation to mine layout, design
and construction must ensure the layout, design and
construction is carried out having regard to
the following matters— (a) relevant
geological, geotechnical, meteorological and
topographical data; (b)
other relevant information, including
information about the following things— (i)
access and travel-ways; (ii)
accommodation; (iii) extraction
processes and facilities; (iv) fixed emergency
facilities; (v) ground control; (vi)
hazardous 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 2017 Chapter 2 Ways of
achieving an acceptable level of risk [s 46]
(x) underground and surface water;
(xi) vehicle
interaction; (xii) ventilation. Not
authorised —indicative
only 46 Mine roads
(1) A person who has an obligation under
the Act to manage risk at a
mine in
relation to
the design and
construction of
the mine’s roads must ensure the
specification for the design and construction
enables the safe movement of vehicles about the mine.
(2) The specification must have regard to
the particular conditions at the mine, including the following
matters— (a) the characteristics of the mine
vehicles; (b) the types of materials used for road
construction; (c) the mine’s operations.
47 Rail haulage If rail mounted
locomotive haulage is used at a mine, the site senior executive
must ensure the mine has a written procedure for its safe
operation. 48 Ventilation A person who has
an obligation under the Act to manage risk in
relation to
ventilation at
a mine must
ensure appropriate measures
are taken to
ensure the
ventilating air
in a place
where a person may be present at the mine is
of a sufficient volume, velocity and quality to achieve a
healthy atmosphere. 49 Working at heights The
site senior
executive must
ensure that,
when a
person works at a
height of more than 2.4m, appropriate facilities are
provided to minimise the risk to persons
from falling. Page 36 Current as at
[Not applicable]
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 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, safety restraint or
fall arrest equipment Part 7 Hazardous
substances and dangerous goods Division 1
Provisions applying to all
hazardous substances and dangerous
goods Subdivision 1 Preliminary 50
Meaning of hazardous
substance A hazardous substance
is a
substance— (a) listed as a designated hazardous
substance in NOHSC’s document called
‘List of
Designated Hazardous
Substances [NOHSC:10005 (1999)]’; or
(b) meeting the criteria stated in NOHSC’s
document called ‘Approved Criteria
for Classifying Hazardous
Substances [NOHSC:1008 (2004)]’.
51 Meaning of dangerous
goods Goods are
dangerous goods
if they are
defined under
the ADG Code as— (a)
dangerous goods; or (b)
goods too dangerous to be
transported. Current as at [Not applicable]
Page
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level of risk [s 52] Subdivision
2 Information about hazardous
substances and dangerous goods
52 MSDS, 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 substance and dangerous good at the mine; and
(ii) kept at the
mine; and (b) copies of the MSDS, SDS or NICNAS
summary report are made available to persons dealing with
the substance or good at the mine. (2)
The
site senior executive must ensure an MSDS prepared for a
hazardous substance or dangerous good
produced at the mine complies with NOHSC’s document called
‘National Code of Practice for
the Preparation of
Material Safety
Data Sheets
[NOHSC:2011 (2003)]’. 53
Marking, labelling and giving information
about hazardous substances and dangerous
goods (1) The site senior executive must ensure
hazardous substances and dangerous goods, and anything
containing or being used to transport the substances or goods,
at the mine are marked or labelled— (a)
to warn persons
of the presence
of the substances or
goods; and (b)
to
identify the substances or goods; and (c)
if it is
necessary for
managing risk,
to provide basic
information about
storing and
handling the
substances or goods.
Page
38 Current as at [Not applicable]
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 53] Example
of a thing
containing or
being used
to transport hazardous
substances or dangerous goods for subsection
(1)— a package, storage or process vessel,
conveyor belt, pipe, duct, storage area, dump,
spill or vehicle Example of basic information for paragraph
(c)— ‘keep dry’ (2)
If
it is not practicable to mark or label a hazardous substance
or dangerous good
or thing, the
site senior
executive must
ensure a
notice that
gives the
warning, identification or
information mentioned
in subsection (1)
is placed in
a conspicuous place
as near as
practicable to
the substance, good or
thing. (3) The site senior executive must ensure
the mark, label or notice complies with the following
document— (a) either— (i)
NOHSC’s document
called ‘National
Code of
Practice for the Labelling of Workplace
Substances [NOHSC:2012 (1994)]’; or (ii)
the
GHS; (b) either— (i)
NOHSC’s document
called ‘Guidance
Note for
Placarding Stores
for Dangerous Goods
and Specified Hazardous
Substances [NOHSC:3009 (1990)]’;
or (ii) the GHS;
(c) the ADG Code; (d)
AS 1345 ‘Identification of
the contents of
piping, conduits and
ducts’. (4) In this section— GHS
see the Work
Health and
Safety Regulation 2011
, schedule 19. Current as at
[Not applicable] Page 39
Mining
and Quarrying Safety and Health Regulation 2017 Chapter 2 Ways of
achieving an acceptable level of risk [s 54]
Subdivision 3 Dealing with
hazardous substances and dangerous goods
Not authorised —indicative
only 54 Selecting
hazardous substances and dangerous goods The site senior
executive must ensure hazardous substances and dangerous
goods selected for use at the mine do not create
an
unacceptable level of risk to a person when stored, handled
or
used under relevant standard work instructions. 55
Standard work instructions for storing,
handling and using hazardous substances and dangerous
goods (1) The site senior executive must ensure
the mine has standard work instructions for
storing, handling
and using hazardous
substances and dangerous goods at the
mine. (2) In developing a
standard work
instruction, the
site senior
executive must
ensure regard
is had to
the MSDS, SDS
or NICNAS summary report or other
relevant information for the substance or
good. 56 Storing and handling hazardous
substances and dangerous goods (1)
A
person who has an obligation under the Act to manage risk
at a mine
in relation to
storing and
handling hazardous
substances must ensure a hazardous substance
is stored and handled at the mine in a way that is
appropriate to the nature of 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 risk at a mine in relation to storing and
handling dangerous goods must ensure the goods are stored and
handled in a way that has regard to NOHSC’s document called
‘National Code of Page 40 Current as at
[Not applicable]
Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 57] Practice
for the Storage
and Handling of
Workplace Dangerous Goods
[NOHSC:2017 (2001)]’. Not authorised
—indicative only
57 Monitoring, and taking action about,
hazardous substances and dangerous goods
(1) The site senior executive must ensure
appropriate monitoring is carried out at the mine to—
(a) check the location and amount of
hazardous substances and dangerous goods on-site;
and (b) check for deterioration of the
substances and goods or their packaging; and
(c) ensure the substances and goods are
fit for their intended use; and (d)
detect leaks,
spills and
unintended emissions
of the substances and
goods; and (e) detect misuse, theft or other loss of
the substances and goods. (2)
The
monitoring must be carried out under relevant procedures
or
standard work instructions. (3)
If
the monitoring shows hazardous substances or dangerous
goods have deteriorated or are not fit for
their intended use, the site senior executive must ensure the
substances or goods are disposed of under section 59.
58 Dealing with leaks and spills
(1) The site senior executive must ensure
the mine has a standard work instruction for dealing with
leaks and spills of hazardous substances and
dangerous goods at the mine. (2)
In developing the
standard work
instruction, the
site senior
executive must ensure regard is had to the
MSDS or NICNAS summary report or other relevant information
about the safe use of the
substance or
good, including, for
example, NOHSC’s document
called ‘National Code of Practice for the Current as at
[Not applicable] Page 41
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only Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 59] Storage
and Handling of
Workplace Dangerous
Goods [NOHSC:2017
(2001)]’. 59 Disposal (1)
This
section applies to the following things at a mine—
(a) hazardous substances or
dangerous goods
that have
deteriorated or are past their use-by
date; (b) hazardous substances or dangerous
goods, or anything contaminated by
the substances or
goods, that
are no longer
required for
use at the
mine, including, for
example, because the mine is to be
abandoned. (2) Subject to section 73, the site senior
executive must ensure the substances, goods or things are
disposed of— (a) in accordance with
the relevant MSDS
or information provided
by the manufacturer, importer
or supplier under section
43(2)(a) of the Act; and (b) in a way that
does not create an unacceptable level of risk
during operations at
the mine, after
the mine’s operations stop
or after the mine is abandoned. (3)
The site senior
executive must
ensure the
site of
each permanent
disposal facility,
or other disposal
area for
hazardous substances or
dangerous goods
at the mine,
is shown on the plans of the mine
workings under section 58 of the Act.
Subdivision 4 Major hazard
facilities 60 Meaning of major hazard
facility (1) A mine is a major hazard
facility if— (a) operations
carried on at the mine involve, temporarily or permanently, a
quantity of material (other than material in
transit) exceeding
the corresponding threshold
or Page 42 Current as at
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 60A] aggregate
quantity for the material worked out under the major hazard
facilities standard, schedule 1; and (b)
a
hazardous materials emergency at the mine could pose
an
unacceptable level of risk to persons, property or the
environment outside the mine.
(2) In this section— combustible liquid
means a
combustible liquid
under the
flammable and combustible liquids
standard. flammable and combustible liquids
standard means AS 1940 ‘The
storage and
handling of
flammable and
combustible liquids’, as in
force from time to time. hazardous material —
1 A hazardous
material is
a substance with
potential to
cause harm
to persons, property
or the environment because of 1 or
more of the following— (a) the chemical
properties of the substance; (b)
the
physical properties of the substance; (c)
the
biological properties of the substance. 2
Without limiting
paragraph 1,
hazardous material
includes all
dangerous goods,
combustible liquids
and chemicals. hazardous
materials emergency , at a mine, means a situation
involving hazardous
materials or
suspected hazardous
materials at
the mine that
includes a
loss of
control, or
an imminent risk of loss of control, of
the materials or a loss of control of
anything that
may impact on
the materials if
the loss of control causes, or the loss of
control or imminent risk of loss of control has the potential
to cause, material harm to persons, property or the
environment. 60A Meaning of possible major
hazard facility (1) A mine
is a possible
major hazard
facility if
relevant operations
carried on, or intended to be carried on, at the mine
Current as at [Not applicable]
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43
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only Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 60B] involve or are
likely to involve, temporarily or permanently, a
quantity of material (other than material in
transit) exceeding the corresponding threshold
or aggregate quantity
for the material
worked out
under the
major hazard
facilities standard,
schedule 1. (2) In this section— relevant
operations means
operations other
than the
preparation and use of explosives at a blast
site. 60B Notifying chief inspector if mine is a
major hazard facility or a possible major hazard
facility (1) The site
senior executive
for a mine
that is
a major hazard
facility or possible major hazard facility
must notify the chief inspector about the mine—
(a) in the approved form; and
(b) at least 6 months before the mine
starts operations. Maximum penalty—200 penalty units.
(3) Subsection (1)
is not a
safety and
health obligation for
the Act. 60C
Notifying chief inspector of certain
upgrades of mines (1) This section
applies to
a mine, other
than a
mine that
is a major
hazard facility,
if there is
a change in
relation to
the mine involving the mine becoming a
major hazard facility or a possible major hazard facility.
(2) The site senior executive must notify
the chief inspector about the mine— (a)
in
the approved form; and (b) at least 6
months before the mine starts operations as an upgraded
mine. Maximum penalty—200 penalty units.
Page
44 Current as at [Not applicable]
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 60D] (4)
Subsection (2)
is not a
safety and
health obligation for
the Act. (5)
In
this section— upgraded mine means a mine
that, as a result of a change in relation to the
mine, is a major hazard facility or a possible major hazard
facility. 60D Notifying chief inspector of certain
downgrades of mines (1) This section applies to a mine
if— (a) under section 60B or 60C, a
notification (the original notice
)
has been given about the mine; and (b)
a
change proposed in relation to the mine will result in
the
mine being downgraded, for at least 6 months, from
its
classification as a major hazard facility or possible
major hazard facility stated in the original
notice. (2) The site senior executive may, in the
approved form, notify the chief inspector about the
change. (3) Despite sections 60 and 60A, until the
chief inspector is given a notification under
subsection (2),
the mine is
taken to
continue to be a major hazard facility or
possible major hazard facility as stated in the original
notice. 60E Safety and health management system
for mine that is a major hazard facility (1)
The site senior
executive for
a mine that
is a major
hazard facility must
ensure the mine’s safety and health management system complies
with— (a) the Act and this regulation;
and (b) the national standard safety and
health provisions— (i) to the extent the provisions are
consistent with the Act and this regulation; and
(ii) as if a
reference in the provisions— Current as at
[Not applicable] Page 45
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only Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 60F] (A)
to the relevant
public authority
were a
reference to the chief inspector of mines;
and (B) to the operator, employer, occupier or
person who has overall management and control
of a major hazard
facility were
a reference to
the
site senior executive; and (C) to
the safety management system
were a
reference to
the safety and
health management
system. (2) In this section— national
standard safety
and health provisions means
the major hazard facilities standard,
sections 6 to 13. 60F Safety report to chief
inspector (1) The site
senior executive
for a mine
that is
a major hazard
facility must give a written report
(a safety report ) to the
chief inspector as required under subsection
(2). (2) The safety report must—
(a) comply with the major hazard
facilities standard, section 7; and
(b) be given within 16 months after a
notice, identifying the mine as
a major hazard
facility, is
given to
the chief inspector under
section 60B(1) or 60C(2). Subdivision 5 Miscellaneous 61
Register of hazardous substances and
dangerous goods (1) The site senior executive must ensure
the mine has a register containing— (a)
a list of
all hazardous substances, and
a list of
all dangerous goods, used or produced at
the mine; and (b) the current MSDS for each substance or
good. Page 46 Current as at
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level of risk [s 62] (2)
The
site senior executive must ensure the register is readily
accessible by each worker required to use
the substances or goods at the mine. 62
Resources for complying with MSDS and
SDS The site senior executive must ensure the
mine has the first aid supplies and
facilities and
personal protective equipment
recommended in
the relevant MSDS
or SDS for
each hazardous
substance and dangerous good used at the mine. 63
Records (1)
The site senior
executive must
ensure a
record of
the following things
is kept at
the mine for
each hazardous
substance 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) any leak,
spill, unintended emission,
misuse, theft
or other loss. (2)
The site senior
executive must
ensure the
record about
the disposal of
hazardous substances and
dangerous goods
on site— (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 another matter mentioned in subsection (1) is
kept at the mine until the substance or good to which the record
relates has been used, disposed of, or removed from
site. Current as at [Not applicable]
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47
Mining
and Quarrying Safety and Health Regulation 2017 Chapter 2 Ways of
achieving an acceptable level of risk [s 64]
Division 2 Explosives Not
authorised —indicative
only Note— See also
division 1. Subdivision 1 General
64 Persons who may handle
explosives (1) A person must not handle an explosive
at a mine unless the person— (a)
is authorised in
writing by
the mine’s site
senior executive
or underground mine
manager (the
authorising person ) to carry out
the handling activity; or (b)
carries out
the handling activity
under the
direct supervision of a
person authorised under paragraph (a). (2)
A
person may be authorised under subsection (1)(a) only if—
(a) the person
holds a
current shotfirer
licence under
the Explosives Act
1999 that
is applicable to
the mine’s operations;
or (b) the authorising person is satisfied
the person— (i) has the competency accepted by the
committee as qualifying the
person to
carry out
the handling activity;
or (ii) has
satisfactorily completed
a competency-based training
program for
carrying out
the handling activity and is
competent to carry it out. (3) The
authorisation must state the handling activities the person
is
authorised to carry out. (4) For section
59(1)(e) of the Act, a copy of each authorisation
given under subsection (1) is prescribed as
a matter that must be included in the mine record.
Page
48 Current as at [Not applicable]
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level of risk [s 65] (5)
In
this section— handle ,
an explosive, includes
manufacture, possess,
store, transport,
prepare for use, use, or dispose of, the explosive.
handling activity , for an
explosive, includes the manufacture, possession,
storage, transportation, preparation for use, use, or
disposal, of the explosive.
65 Selecting explosives
A
person who has an obligation under the Act to manage risk
at a
mine in relation to selecting explosives for use at the mine
must
ensure the explosives are— (a) stable;
and (b) fit for their intended use; and
(c) as insensitive as reasonably
practicable to shock, sparks, friction
and the environment in
which they
will be
stored, transported and used; and
(d) as far
as reasonably practicable, simple
to store, use,
transport and control. 66
Warning about explosives (1)
If
explosives are used at a mine, the site senior executive
must ensure— (a)
suitable signs
are in place
to warn of
the explosives’ presence;
and (b) vehicles carrying
explosives at
the mine are
easily identified other
than by signs. Example of identification other than a
sign— a flashing light of a distinctive
colour (2) The site
senior executive
must ensure
the signs and
other methods of
identification are suitable for each person at the
mine
to readily identify that explosives are present or being
transported. Current as at
[Not applicable] Page 49
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Storing, transporting, using and disposing
of explosives (1) A mine’s safety and health management
system must provide for— (a)
the
safe and secure storage and transport of explosives at
the
mine; and (b) the safe use and disposal of the
explosives. (2) However, if
the mine is
not required to
have a
safety and
health management system
under the
Act, the
site senior
executive must ensure the mine has a
procedure or standard work instruction for
the matters mentioned
in subsection (1)(a) and
(b). 68 Mine vehicles and equipment used for
manufacturing, storing and transporting explosives
(1) The site
senior executive
must ensure
mine vehicles
and equipment used to manufacture, store
or transport explosives at the mine are equipped, maintained
and inspected to manage the risk of fire or explosion.
(2) The site
senior executive
must ensure
mine vehicles
and equipment used to manufacture, store
or transport explosives at the mine are— (a)
in
sound mechanical condition and repair; and (b)
designed, maintained and used in a way that
protects the explosives against friction, heat,
incompatible materials, pressure, shock, sparks and extraneous
electricity; and (c) designed and
maintained to
provide adequate
segregation of detonators from other
explosives during manufacture, storage or transport.
(3) The site
senior executive
must ensure
that, before
a mine vehicle or
equipment that has been used to manufacture, store
or
transport explosives at the mine is repaired on-site or sent
off-site for repair, the vehicle or
equipment is— (a) thoroughly cleaned; and
Page
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 69] (b)
inspected by
a person who
has the necessary
competence; and (c)
certified to be free of explosive
residues. (4) In this section— Australian explosives code
means the
third edition
of the ‘Australian Code
for the Transport of Explosives by Road and Rail’
approved by
the Workplace Relations
Ministers’ Council.
mine
vehicle means a vehicle at a mine, other
than— (a) a road
vehicle or
vehicle as
defined under
the ADG Code; or
(b) a special
vehicle or
vehicle as
defined under
the Australian explosives code.
Subdivision 2 Blasting
procedures 69 Identifying interaction hazards before
explosives are used (1)
The
site senior executive must ensure that, before explosives
are
used at the mine, a risk management process is carried out
to
identify the hazards that may arise or interact from the
use. (2) Without limiting subsection (1), the
process must consider the following matters— (a)
ground at elevated temperature;
(b) radiation; (c)
reactive ground; (d)
lightning; (e)
extraneous electricity; (f)
sympathetic detonation; (g)
the
triggering of secondary dust or gas explosions; (h)
unstable ground; Current as at
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energy originating from friction, impact,
static and heat; (j) unusual applications.
Example of an unusual application—
clearing an accretion in a smelter
(3) Section 10 applies to the risk
management process if the mine is
required to
have a
safety and health
management system
under the Act. 70
Blasting procedures (1)
If
blasting is carried out at a mine, the site senior executive
must
ensure the mine has written procedures for the blasting.
(2) The procedures must provide for the
following matters— (a) ensuring equipment
used for
charging and
firing is
maintained in a good operating
condition; (b) cleaning blast holes before
charging; (c) blast times; (d)
warning and
guarding persons
against entering
an unsafe area during a blast;
(e) removing persons who may be injured by
a blast to a safe place before firing takes place;
(f) the ability for each person involved
in firing the blast to reach a
safe position,
by walking at
normal walking
pace, before the blasting happens;
(g) firing a blast from a position that is
safe from the effects of the blast; (h)
deciding when it is safe to re-enter the
blasted area; (i) examining the
blasted area
and blast hole
remnants safely;
(j) communicating, from
1 shift to
another, information about charging
and blasted locations. Page 52 Current as at
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 71] (3)
The procedures must
provide for
the following additional matters, as are
appropriate, having regard to the nature, size and complexity
of the blasting— (a) keeping air
blast, air
overpressure, dust
generation, flyrock,
ground vibration
and noise within
acceptable limits;
(b) keeping the
effect on
ground stability
to as low
as practicable; (c)
keeping blast
times within
worker and
community expectations for
blasting; (d) finalising blast design and firing
sequence; (e) recording the
results of
blast monitoring at
the mine, including the
monitoring of ground vibration. 71
Blasting in hot material (1)
This section
applies if
blasting is
carried out
at a mine
in material that is at least 55ºC or in
known, or potential, reactive ground.
Example of reactive ground—
ground containing sulphides that oxidise
easily (2) Before the
blasting is
carried out,
the site senior
executive must
ensure the
mine has
a written procedure
or standard work instruction
to ensure— (a) heat-induced initiation does not
happen before firing; or (b) each person
involved in loading or firing the blast has time to reach a
safe place before heat-induced initiation happens.
72 Misfires The site senior
executive must ensure the mine has a written procedure
or standard work
instruction for
the earliest practicable— Current as at
[Not applicable] Page 53
Mining
and Quarrying Safety and Health Regulation 2017 Chapter 2 Ways of
achieving an acceptable level of risk [s 73]
(a) detection, recording, dealing
with and
treatment of
misfires at the mine; and
(b) warning of the misfire and presence of
explosives. Not authorised —indicative
only 73 Disposing of
explosives (1) The site
senior executive
must ensure
the disposal of
explosives on the surface of the mine
complies with AS 2187. (2) The site senior
executive must ensure explosives disposed of underground at
the mine are disposed of other than by burning or
burying. (3) Before operations cease at the mine,
the site senior executive must ensure all explosives at the mine
are— (a) located and accounted for; and
(b) either removed
from site
or disposed of
under subsection (1)
or (2). (4) For subsection (3)(a), accounting for
all explosives at the mine includes detailing, through
appropriate record keeping, what has happened to
all explosives that have been transported to the mine or
manufactured at the mine. Subdivision 3 Storing
explosives underground at underground mines 74
Underground storage (1)
The
underground mine manager, or, if there is no underground
mine manager,
the site senior
executive, must
ensure explosives stored
underground at
the mine are
stored in
an underground magazine or underground
temporary storage. (2) The person must also ensure—
(a) the quantity of explosives stored is
as low as reasonably practicable for
the operations in
which they
are to be
used; and Page 54
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 75] (b)
blasting agents
and detonator sensitive
explosives are
stored in areas segregated from each other;
and (c) detonators are segregated from other
explosives; and (d) only things
associated with
storing the
explosives are
stored in the underground storage.
(3) This section
does not
apply to
explosives stored
in an adit,
drive or similar underground excavation that
is separate from, or not integrated with or connected to, an
underground mining operation in which explosives are
used. 75 Underground storage location
The
underground mine manager, or, if there is no underground
mine manager,
the site senior
executive, must
ensure an
underground magazine at the mine is located
away from the following things at the mine—
(a) major access routes;
(b) emergency escape routes or emergency
refuges; (c) high occupancy areas;
(d) other hazardous substances;
(e) major service facilities;
(f) known micro-seismic areas.
76 Underground magazine design
The
underground mine manager, or, if there is no underground
mine manager,
the site senior
executive, must
ensure each
underground magazine at the mine is designed
and maintained to ensure— (a)
explosives in the magazine are—
(i) protected against friction, impact,
static and heat; and (ii) adequately
ventilated to keep them cool and dry; and
Current as at [Not applicable]
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secured against theft; and
(b) detonators in
the magazine are
adequately segregated from other
explosives; and (c) when a
person is
present in
the magazine, the
atmospheric contaminants in
the magazine do
not exceed the general exposure limits for
the contaminants; and (d) equipment used
for moving or storing explosives can be manoeuvred
safely in the magazine. 77 Underground
temporary storage (1) The underground mine manager, or, if
there is no underground mine manager,
the site senior
executive, must
ensure an
underground temporary
storage area
at the mine
is located near where the
explosives stored in the area are to be used. (2)
The person must
also ensure
the underground temporary
storage area is maintained and operated to
ensure— (a) explosives in the storage area—
(i) do not
exceed the
quantity needed
for the operations in
which they are to be used; and (ii)
are
protected against accidental impact; and (b)
detonators in the storage area are—
(i) stored in a locked containers;
and (ii) adequately
segregated from other explosives; and (c)
containers in which explosives are stored
are— (i) constructed to
protect the
explosives against
impact, squeezing and theft; and
(ii) cleaned of
residual explosives before being reused; and
(d) explosives are
removed from
the storage area
and the storage
area closed
when the
blasting operations for
which the explosives were stored
stop. Page 56 Current as at
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 78] 78
Record of underground storages
The
underground mine manager, or, if there is no underground
mine manager,
the site senior
executive, must
ensure an
up-to-date record of the number and location
of underground magazines and underground temporary storages
is— (a) kept at the mine; and
(b) made available to an inspector at the
inspector’s request. Subdivision 4 Miscellaneous 79
Theft
or other loss of explosives (1)
The
site senior executive must ensure the mine has a system or
written procedure for— (a)
detecting theft or other loss of an
explosive during any part of its life cycle; and
(b) reporting the theft or loss under
section 195 of the Act. (2) The site senior
executive must ensure the system or procedure provides
for recording the
following information about
the theft or loss— (a)
the
type of explosive stolen or lost; (b)
the
date and time of the theft or loss; (c)
any
identifying characteristic of the explosive. 79A
Accountability for explosives
(1) A person at a mine who has the
immediate custody or control of
any explosives, whether
for the purpose
of storing, transporting, using
or disposing of
the explosives or
for another purpose, must ensure the
following requirements are complied with— (a)
if the person
takes the
explosives from
storage at
the mine, the person must—
Current as at [Not applicable]
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 80] (i)
deliver the
explosives to
a person authorised to
receive them, and account for them on
delivery; or (ii) use the
explosives, and account for their use; (b)
if
the person transports the explosives at the mine, the
person must
deliver the
explosives to
a person designated to
receive the explosives, and must account for the
explosives both when received for transport and when
delivered; (c) if the person uses the explosives, the
person must— (i) account for the explosives; and
(ii) return
all explosives that
are surplus to
what is
required to their storage location, and
account for the explosives; (d)
the person must
account for
the explosives if
the explosives are destroyed or disposed
of. (2) If the
person can
not properly account
for any of
the explosives in accordance with
subsection (1), the person must report
the failure, using
the system or
written procedure
established under section 79.
(3) In this section— account
for , in relation to explosives, means—
(a) accurately detail,
through appropriate record
keeping, what happens to
the explosives; and (b) provide enough information for
detecting theft or other loss under the system or written
procedure established under section 79. Part 8
Mine
plans 80 Survey grid system The site senior
executive must ensure— Page 58 Current as at
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 81] (a)
a datum station
is established near
the mine for
mine surveys and
referenced to GDA and AHD; and (b)
if a local
grid system
is used for
the surveys, the
relationship between
the grid system
and GDA is
established and shown on the survey
plans. 81 Protecting survey data against loss,
damage or unauthorised access The
site senior
executive must
ensure the
mine’s current
survey data is kept in a secure way to
protect the data against loss, damage or unauthorised
access. 82 Plans of mine workings
(1) The site senior executive must ensure
survey plans of the mine workings include the following matters
if they may affect the safety and health of a person in the
workings— (a) the location of natural and artificial
features; (b) surface drill holes.
(2) The site
senior executive
must also
ensure the
plans are
sufficient to correlate separate sets of
workings at the mine, including abandoned workings, to allow
the safe management of interfacing between the workings.
83 Plans of operations undertaken at
abandoned mine (1) This section applies to a person who
is required, under section 58(3) of the Act, to give the chief
inspector plans showing the extent of
operations at an abandoned mine. (2)
The
person must ensure the plans are in the format and of the
quality required by the chief
inspector. Example of quality for subsection
(2)— the quality of paper or ink used for the
plans Current as at [Not applicable]
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level of risk [s 84] Part 9
Persons on site Division 1
Fitness 84
Alcohol and drugs (1)
A
person must not carry out operations at a mine, or enter an
operating part of a mine, if the person is
under the influence of alcohol, or is impaired by a drug, to
the extent the alcohol or drug impairs,
or could impair, the person’s ability to
safely carry out the person’s duties at the
mine. (2) A person must not consume alcohol at a
mine other than in— (a) an accommodation facility; or
(b) a recreation area
designated, in
writing, by
the site senior
executive for
the purpose under
a written procedure for
designating the area. 85 Fitness of
workers The site senior executive must ensure a
worker at the mine does not carry out work at the mine unless
the worker’s fitness level has been decided under section
87 as adequate for the work. 86
Worker’s self-assessment of fitness
level Each worker
at the mine
must periodically conduct
a self-assessment of
the worker’s condition, including, for
example, for effects of heat strain or
fatigue, to decide if the worker is in a fit condition to carry
out the worker’s duties at the mine without creating an
unacceptable level of risk. 87 Assessing workers
to decide fitness level (1) The site senior
executive must ensure— Page 60 Current as at
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 88] (a)
each worker
at the mine
is assessed to
decide if
the worker’s fitness level is adequate to
enable the worker to carry out
work at
the mine without
creating an
unacceptable level of risk; and
(b) a record of the assessment (a
fitness assessment record
) is kept. (2)
The assessment must
be carried out
in an appropriate way,
including, for
example, by
a medical examination, having
regard to the nature of the work.
(3) The assessment must be carried
out— (a) before the worker first starts work at
the mine; and (b) whenever the worker’s duties change;
and (c) periodically, as necessary, to
assess— (i) changes in the worker’s fitness for
the work; or (ii) the adequacy of
the worker’s fitness level for the work.
(4) If the site senior executive considers
the assessment needs to be carried
out by a
medical examination, the
site senior
executive must arrange for the assessment to
be done by, or under the supervision of, an appropriate
doctor. (4A) The appropriate
doctor must give— (a) the site senior executive a fitness
assessment report; and (b) the worker a
copy and explanation of the report. (5)
The worker’s employer
must pay
for the assessment and
fitness assessment report.
Maximum penalty—30 penalty units.
(6) Subsection (5)
is not a
safety and
health obligation for
the Act. 88
Fitness of visitors (1)
The
site senior executive must ensure a visitor does not enter
an operating area
at the mine
unless, having
regard to
Current as at [Not applicable]
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prevailing in the area, the visitor’s fitness level is
adequate to visit the area.
(2) The site senior executive must
ensure— (a) the visitor’s
fitness level
is assessed in
an appropriate way,
including, for
example, by
a questionnaire, to
decide if the visitor’s fitness level is
adequate to visit the area; and (b)
a record of
the assessment (also
a fitness assessment record
), including, for
example, a
copy of
the questionnaire, is kept.
89 Work hours and rest breaks
A
mine’s safety and health management system must provide
for
controlling risk at the mine arising out of personal fatigue
caused by excessive work hours or
insufficient rest periods. 90 Amenities for
workers’ fitness and health (1)
The site senior
executive must
ensure the
mine has
appropriate amenities
for use by
workers to
maintain their
fitness and health. (2)
Without limiting
subsection (1),
the amenities must
include the
following things,
as appropriate, having
regard to
the nature of the mine’s
operations— (a) food storage and consumption
facilities; (b) supplies of cool drinking
water; (c) washing and bathing facilities;
(d) toilet facilities; (e)
refuse disposal. (3)
Also, if a worker remains on site between
shifts, the amenities must include the following
things— (a) facilities for rest, sleep and
recreation; (b) food; Page 62
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provision for washing clothes;
(d) an appropriate and effective
communication system. (4) The site senior
executive must also ensure the amenities are— (a)
within a
reasonable distance
of each workplace
at the mine; and
(b) kept in a hygienic condition.
Division 2 Training and
assessment 91 Induction training and
assessment The site senior executive must ensure each
worker at the mine is given appropriate induction
training and
periodically assessed to
ensure the worker has adequate knowledge of the following
matters, having regard to the work to be carried out,
or
carried out, by the worker at the mine— (a)
the
nature and layout of the mine’s operations; (b)
the
mine’s organisational structure and communication
procedures; (c)
the
mine’s site procedures and practices; (d)
the risk management process
mentioned in
part 2,
division 2; (e)
emergency procedures and basic first
aid; (f) the Act and this regulation.
92 Persons who have not completed
induction training The site senior executive must ensure a
person who has not completed induction training under section
91 is— (a) supervised by
a worker who
has completed the
induction training when the person is in a
workplace at the mine; and Current as at
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given sufficient information on, and
instruction in, the following matters
to enable the
person to
respond appropriately in
an emergency situation— (i) the
mine’s work
practices and
emergency procedures; (ii)
the use of
protective and
emergency equipment; and
(c) made aware of the person’s safety and
health obligations under section 36 of the Act.
93 Training (1)
The
site senior executive must ensure each worker at the mine
is trained, if
necessary, and
periodically assessed,
to ensure the worker
has— (a) adequate knowledge and understanding
of the processes to be carried out, and the materials and
plant to be used, for the worker’s duties at the mine;
and (b) adequate skill
to carry out
the processes, handle
the materials and operate the plant;
and (c) adequate ability to access and
understand the procedures and standard work instructions for the
worker’s duties. (2) The training
must be
carried out
in an appropriate way,
including, for example, by formal training
courses or informal on-the-job instruction. (3)
The assessment must
be carried out
in an appropriate way,
including, for
example, by
examination, test
or proof of
relevant prior learning. (4)
The
site senior executive must ensure a person being trained
or assessed does
not carry out
work at
the mine unless
the person is
adequately supervised to
prevent creating
an unacceptable level of risk.
(5) Subsection (4)
does not
apply to
work carried
out by the
person in an emergency. Page 64
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level of risk [s 94] 94
Record of training The site senior
executive must ensure a record is kept of the training given
to, and assessment of, each worker under this division.
Division 3 Carrying out
tasks 95 Time and resources for carrying out
tasks (1) The site senior executive must ensure
time is allocated, and the mine’s resources are distributed,
to enable each worker at the mine to carry out the worker’s
tasks without creating an unacceptable level of risk.
(2) Without limiting subsection (1), the
site senior executive must ensure the
worker is
given the
supervision, and
help from
other competent persons, necessary to
achieve an acceptable level of risk. Example of
help— If the worker is working alone in a bin, or
on a busy roadway, the worker may be given help by another
worker keeping watch to ensure the level of
risk is acceptable. (3) In this section— resources
includes the following things—
(a) access and transport;
(b) communication methods;
(c) facilities, materials and
plant; Examples— consumable items,
spare parts
and personal protective equipment
(d) leadership, guidance and
training; (e) procedures, including
procedures for
coordinating activities, and
standard work
instructions and
other relevant
information. Current as at [Not applicable]
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level of risk [s 96] 96
Supervising workers (1)
Without limiting section 95(2), the site
senior executive must ensure the mine’s activities and
workers are supervised to the extent necessary
to ensure each worker— (a) is
not likely to
be exposed to
conditions beyond
the worker’s capabilities; and
(b) is not likely to be affected by the
conditions in which the worker is
working in
a way that
adversely affects
the worker’s fitness to perform critical
tasks; and (c) has the
resources necessary
to carry out
the worker’s tasks without
being exposed to an unacceptable level of risk; and
(d) is working within the limits of the
worker’s fitness and competence; and (e)
complies with
the worker’s safety
and health obligations. (2)
The supervision must
include communication, including
direct contact,
at appropriate intervals
by the worker’s
supervisor. 97
Communicating with workers working alone
underground (1) This section
applies to
a worker who
is working alone
underground at a mine and is not in frequent
communication with, or within easy hearing of, another
person at the mine. (2) The site
senior executive
must ensure
the worker is
communicated with at intervals of not more
than 2 hours. (3) This section
does not
apply at
a mine where
only 1
person works.
98 Checking work quality
(1) This section
applies to
work carried
out at a
mine and
for which checking
the quality of
output from
the work is
necessary for managing risk at the
mine. Page 66 Current as at
[Not applicable]
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 99] (2)
The
site senior executive must ensure the output is checked by
a
person other than the person who carried out the work, to
confirm the output is suitable for
use. Example of checking the output of
work— x-raying a weld in a pressure vessel or
checking design calculations Division 4
Miscellaneous 99
Entering a workplace Each
supervisor for
a workplace at
a mine must
ensure a
person does
not enter the
workplace unless
the supervisor reasonably
believes the person is capable, having regard to the
conditions prevailing in the workplace and
the person’s level of supervision, to respond appropriately
to— (a) the normal activities in the
workplace; and (b) any incident or emergency likely to
occur. Part 10 Plant
generally Note— See also part 4
for provisions about electrical equipment and part 13 for
provisions about winding equipment.
Division 1 Selection and
design 100 Selection and design
(1) A person who has an obligation under
the Act to manage risk at a mine in relation to the selection
and design of plant must ensure— (a)
the
plant— Current as at [Not applicable]
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is fit for
its intended use
and use in
its intended work
environment, including, for
example, a
hazardous area; and (ii)
is ergonomically compatible with
persons operating or
maintaining the plant; and (iii) has
appropriate provision
for safe access,
egress and maintenance;
and (b) if it is necessary for managing risk
from the plant and it is reasonably practicable, the
plant— (i) fails to safety; and
(ii) does not fail
catastrophically or by common mode or cascade
failure; and (iii) incorporates appropriate engineering controls
to protect the plant operator and other
persons; and Example of engineering controls—
guards on moving parts, rollover protection,
falling object protection, noise insulation or
seatbelts (iv) incorporates
appropriate backup systems to ensure plant remains
under control if its primary system fails;
and Example of a backup system—
a
vehicle’s parking brake to backup its service brake
(v) is designed so its condition and
performance can be monitored and incipient failures
detected. (2) In this section— hazardous
area means
an area in
which an
explosive atmosphere is
present, or is likely to be present, in quantities
requiring special precautions for the
construction, installation and use of potential ignition
sources. Examples of potential ignition
sources— electrical equipment, naked flames, sparks
from grinding and welding operations, and hot surfaces
Page
68 Current as at [Not applicable]
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 101] 101
Instrumentation and warning devices
A
person who has an obligation under the Act to manage risk
at a
mine in relation to the selection and design of plant must
ensure the plant that is likely to cause a
hazard has adequate— (a) instrumentation to
enable monitoring of
the plant’s operation and
condition; and (b) warning devices
to warn persons
near the
plant of
its start-up, operation or failure.
102 Plant controls and control
systems (1) A person who has an obligation under
the Act to manage risk at a
mine in
relation to
plant controls
and control systems
must, as far as reasonably practicable,
ensure— (a) the controls— (i)
have
a standard method of operation or are marked or labelled to
state their method of operation; and (ii)
are
easily identifiable, including, for example, by a
label, as the controls for the plant, or
part of plant, they control; and (b)
the
control systems provide for— (i)
effective communication between persons
involved in the plant’s operation or maintenance;
and (ii) shutting the
plant down or otherwise bringing the plant to a safe
state in an emergency. (2) The person must
also ensure— (a) a remote control system is capable of
being disabled at the plant; and (b)
an
automatic control system is capable of being disabled
at
the plant and overridden manually. (3)
If,
having regard to the nature and level of risk from plant
used at the mine, it is necessary for managing
the risk, the person must also ensure— Current as at
[Not applicable] Page 69
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level of risk [s 103] (a)
a remote control
system for
the plant shuts
the plant down safely if
communication with the system is lost; and
(b) an automatic control system for the
plant shuts the plant down safely if the control system
fails; and (c) the control
systems shut
the plant down
or otherwise bring the plant
to a safe state if— (i) the plant operates outside its design
parameters; or (ii) an engineering
control for the plant fails. 103
Isolation facility (1)
If,
having regard to the nature and level of risk from plant
used at a mine, it is necessary for managing the
risk, the site senior executive must ensure the plant has a
facility for— (a) preventing its operation; or
(b) preventing or controlling the release
of its stored energy; or (c)
isolating its energy supply.
(2) The site senior executive must ensure
the facility is capable of being locked-out and tagged or
otherwise secured. Division 2 Other provisions
about plant 104 Manufacture, construction, storage,
transport and installation (1)
The
operator or site senior executive must ensure plant used,
or
intended for use, at the mine is manufactured, constructed,
stored, transported and
installed in
accordance with
any applicable specifications and
instructions. (2) For fixed plant, the operator or site
senior executive must also ensure— Page 70
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 105] (a)
the
plant is installed in a location and environment that
is
compatible with the plant and its use; and (b)
the mine layout
incorporates appropriate facilities and
adequate space for— (i)
access to
and egress from
the plant during
emergencies; and (ii)
the plant’s operation, monitoring, servicing
and maintenance. 105
Commissioning (1)
The operator or
site senior
executive must
ensure plant
is commissioned in its operating
environment at the mine before the plant is
used to ensure the following matters— (a)
its integration into
the operating environment and
associated systems; (b)
the
plant performs within its specifications, if any, held
at
the mine under section 112; (c)
hazard controls for the plant are adequate
and operating within the specifications mentioned in
paragraph (b); (d) mine workers who are required to
operate the plant are competent to operate the plant
safely. (2) The operator or site senior executive
must ensure— (a) the commissioning is carried out in
accordance with the manufacturer’s instructions; and
(b) adequate precautions are taken to
protect the safety and health of persons if—
(i) the plant fails during commissioning;
or (ii) it is necessary
to commission the plant without all hazard controls
for the plant operating effectively. Current as at
[Not applicable] Page 71
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 106] 106
Operating plant A person who has
an obligation under the Act to manage risk at a mine in
relation to the operation of plant must ensure the
plant is not operated— (a)
in a
way that creates an unacceptable level of risk; or
(b) if inspections, tests or monitoring
show the plant is unfit for use; or (c)
if
the plant is locked-out and tagged. 107
Isolating, locking-out and tagging
plant (1) A mine’s safety and health management
system must provide for the following matters—
(a) isolating plant,
including effectively isolating
plant to
control the risk from a release of
energy; (b) taking plant out of service;
(c) testing plant or its energy source for
zero potential; (d) returning plant to service.
(2) The site
senior executive
for a mine
that is
not required to
have
a safety and health management system under the Act
must
ensure the mine has a standard work instruction for the
activities mentioned in subsection (1)(a) to
(d). (3) If the safety or health of a person is
directly affected by the operation or
non-operation of
plant, the
system or
standard work
instruction must
also provide
for locking-out and
tagging the plant. 108
Monitoring (1)
A
person who has an obligation under the Act to manage risk
at a mine
in relation to
monitoring plant
must monitor
the plant’s use, condition and performance
to— (a) detect any deterioration causing an
unacceptable level of risk; and Page 72
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level of risk [s 109] (b)
decide if the plant is likely to operate
without causing an unacceptable level
of risk until
the plant is
next monitored;
and (c) provide information for preventive
maintenance. (2) The person must ensure the monitoring
is carried out— (a) during the
plant’s use
at scheduled intervals
or continuously, or after scheduled
periods of use; and (b) otherwise as necessary.
109 Service and maintenance
(1) The operator or site senior executive
must ensure plant in use at the mine is serviced and maintained
so the plant— (a) is capable of performing its intended
functions; and (b) is within
the condition and
performance limits
of its specifications. (2)
If a
breakdown of the plant is likely to cause an unacceptable
level of risk, the operator or site senior
executive must ensure the servicing
and maintenance is
based on
a preventive strategy.
(3) If the
plant can
not be serviced
and maintained under
subsection (1),
the operator or
site senior
executive must
ensure the plant is taken out of
service. 110 Repair or modification
If
plant at a mine is repaired or modified in a way that could
affect the plant’s fitness for use for its
intended purpose, the site senior
executive must
ensure sections
100 to 105
are complied with. 111
Dismantling or demolition
The
site senior executive must ensure— Current as at
[Not applicable] Page 73
Mining
and Quarrying Safety and Health Regulation 2017 Chapter 2 Ways of
achieving an acceptable level of risk [s 112]
(a) as far as reasonably practicable,
sources of energy and hazardous substances are removed from
plant before the plant is dismantled or demolished;
and (b) the dismantling or
demolition is
carried out
in accordance with any relevant
instructions for the plant’s safe dismantling
or demolition. Not authorised —indicative
only Division 3 Information and
records 112 Specifications, instructions and other
information about plant (1)
If,
having regard to the nature and level of risk from plant
used at a mine, it is necessary for managing the
risk, the site senior executive must ensure—
(a) the mine
has written specifications for
the plant and
instructions for its use; and
(b) a copy of the specifications is
available to, and readily accessible by, each worker required to
use the plant at the mine; and (c)
a copy of
the instructions is
available to,
and readily accessible by,
each worker
required to
carry out
the activity to which the instructions
relate at the mine. (2) The specifications must
include the
following matters,
as appropriate, having regard to the
nature and level of risk from the
plant— (a) the plant’s intended use and
environment; (b) its design envelope, including limits
for its normal and abnormal use and life; (c)
its
condition and performance limits; (d)
hazards associated with the plant and its
materials; (e) its failure modes; (f)
its
safeguards and protective systems; Page 74
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 113] (g)
design drawings and calculations, and
specifications for its materials and parts; (h)
the knowledge and
competency requirements for
persons installing, commissioning, operating, monitoring,
servicing, maintaining and disposing of the plant.
(3) The instructions for
using the
plant must
deal with
the following matters for the plant, as
appropriate, having regard to the nature and level of risk from
the plant— (a) transport, storage and
installation; (b) commissioning; (c)
operation; (d)
monitoring; (e)
servicing and maintenance;
(f) dismantling and demolition.
(4) Also, if, having regard to the nature
and level of risk from the plant, it
is necessary for
managing the
risk, the
site senior
executive must ensure hazard warnings,
operating limitations, instructions for use and other
critical information are marked on the plant or
displayed near the plant. 113 Records
(1) If, having regard to the nature and
level of risk from plant used at a mine, it is
necessary for managing the risk, the site senior
executive must ensure a record is kept at
the mine about— (a) the plant’s— (i)
manufacture, construction, storage,
transport, and
installation; and (ii)
commissioning; and (iii)
use;
and (iv) servicing and
maintenance; and (v) repair and modification; and
Current as at [Not applicable]
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inspection, testing and monitoring, and any
action taken as
a result of
the inspection, testing
and monitoring; and (b)
incidents, damage and operation happening
outside the plant’s design envelope. (2)
For
ropes used in winding operations in which a winder of at
least 30kW
capacity is
used, the
site senior
executive must
ensure a record is kept of the matters
stated in subsection (1) regardless of the nature and level of
risk from the ropes. (3) The site senior
executive must ensure the records are— (a)
kept
for the life of the plant or until its earlier permanent
decommissioning or disposal; and
(b) available to,
and readily accessible by,
each worker
using the plant at the mine.
Part
11 Procedures and standard work
instructions 114
Procedures and standard work instructions
for particular operations (1)
This
section applies to operations at a mine if, having regard
to the nature
and level of
risk from
the operations, it
is necessary for managing the risk for
the operations to be— (a) uniform and
consistent in their performance or results; or
(b) compatible with other operations at
the mine. (2) The site senior executive must ensure
the mine has a written procedure or
standard work
instruction for
carrying out
the operations. Page 76
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 115] 115
Accessing current procedures and standard
work instructions The site senior
executive must ensure— (a) the
issue and
availability of
the mine’s written
procedures and
standard work
instructions are
controlled to ensure only current versions
are in use; and (b) each worker at the mine is aware of
the current written procedures and standard work instructions
for the part of the mine’s operations in which the worker
works; and (c) copies of
the current procedures and
instructions are
available to
each worker
to whom the
procedures and
instructions apply. 116
Written procedures The site senior
executive must ensure each written procedure for an activity
carried out at the mine includes the following information— (a)
the
procedure’s purpose; (b) the activity to
which the procedure applies; (c)
the
responsibilities of persons involved in the activity;
(d) a description of how the activity must
be carried out; (e) a reference
to relevant standard
work instructions and
other relevant written procedures;
(f) an appropriate identification,
including the procedure’s version number and date of
issue. 117 Standard work instructions
(1) The site
senior executive
must ensure
each standard
work instruction for
a task at the mine is— (a) in a form
suitable for use at the site where the task is carried out;
and Current as at [Not applicable]
Page
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level of risk [s 118] (b)
easily understandable by persons carrying
out the task; and (c) as brief and
concise as is reasonable. (2) The
site senior
executive must
ensure the
standard work
instruction includes the following
information— (a) the purpose of the task;
(b) a description of how the task must be
carried out; (c) a reference
to relevant written
procedures and
other relevant
standard work instructions; (d)
an
appropriate identification, including the instruction’s
version number and date of issue.
Part
12 Records generally 118
Way
records must be kept The site senior executive must ensure
records required to be kept at the mine under the Act are
kept in an appropriate way, having
regard to
the nature and
extent of
the mine’s operations. 119
Period for which particular records must be
kept (1) The site senior executive must ensure
the following records about a worker are kept at least until
the worker ceases to be employed, or carry out work, at the
mine— (a) each health
assessment record
and health assessment report;
(b) each fitness
assessment record
and fitness assessment report;
(c) each personal exposure limit set under
section 133. (2) The site senior executive must ensure
the following records about a
visitor are
kept at
least until
the visitor leaves
the mine— Page 78
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 120] (a)
each
health assessment record; (b) each fitness
assessment record. 120 Confidentiality of worker’s medical
record (1) A site senior executive may only
obtain a worker’s medical record with the worker’s written
consent. Maximum penalty—30 penalty units.
(2) A site senior executive must not
disclose to anyone, other than the worker or
someone with the worker’s written consent, the contents of the
worker’s medical record. Example of someone with the worker’s
written consent— the worker’s representative at the
workplace Maximum penalty—30 penalty units.
(3) Subsections (1) and (2) are not safety
and health obligations for the Act. Part 13
Winding operations Division 1
Preliminary 121
Application of part This
part applies
only to
winding operations in
which a
winder of at least 30kW capacity is
used. Division 2 Controlling
winding operations 122 Appointment of persons to control
winding operations The site senior executive must appoint, in
writing, 1 or more persons to control winding operations at the
mine. Current as at [Not applicable]
Page
79
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level of risk [s 123] 123
Acknowledgement of appointment
(1) A person appointed to control winding
operations at a mine must acknowledge the appointment by
notice given to the site senior executive. (2)
For
section 59(1)(e) of the Act, the notice is prescribed as a
matter that must be included in the mine
record. Division 3 Safety
provisions for winding equipment 124
Control measures to protect against persons
and things falling into shafts The site senior
executive must ensure control measures are in place at the
mine to— (a) prevent persons,
rock, material
and other things
from falling
down a
shaft, winze
or raise used
in winding operations at
the mine; and (b) protect, as far as reasonably
practicable, persons in the shaft, winze or
raise against falling rock, material and other
things. 125 Conveyances The site senior
executive must ensure a conveyance used in winding
operations at the mine— (a) is
not unintentionally obstructed in
its passage in
the shaft during the operations;
and (b) is prevented from colliding with other
things in the shaft during the operations; and
(c) has ways of preventing persons, rock,
material and other things from unintentionally protruding from,
or moving in, the conveyance. Page 80
Current as at [Not applicable]
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 126] 126
Winders (1)
The site senior
executive must
ensure a
winder used
at the mine has ways
of— (a) preventing overwind,
overspeed and
uncontrolled movement of a
conveyance; and (b) stopping the winder if—
(i) for a drum winder—slack rope happens;
or (ii) for a friction
winder—excessive rope slip happens. (2)
The
site senior executive must ensure the winder has a backup
system for
preventing overwind
and overspeed of
a conveyance. (3)
The site senior
executive must
ensure a
winder operating
automatically is
capable of
being stopped
from each
of the following
places— (a) in the conveyance; (b)
at
the brace level; (c) at each plat; (d)
at
each skip loading pocket and skip dump; (e)
at
each place where ropes are changed. 127
Other
safety provisions for winding equipment (1)
The site senior
executive must
ensure winding
equipment used at the mine
includes— (a) as far
as reasonably practicable, arrestors
or other devices to
mitigate the effects of an overwind; and (b)
ways
for persons to escape from a stalled conveyance.
(2) The site senior executive must also
ensure each rope used for winding— (a)
has an appropriate safety
factor, having
regard to
the operation for which the rope is used;
and (b) is regularly tested to ensure its safe
performance. Current as at [Not applicable]
Page
81
Mining
and Quarrying Safety and Health Regulation 2017 Chapter 2 Ways of
achieving an acceptable level of risk [s 128]
Division 4 Miscellaneous Not
authorised —indicative
only 128 Monitoring and
maintaining winding equipment The
site senior
executive must
ensure the
mine has
written procedures for
monitoring and
maintaining winding
equipment in use at the mine.
129 Testing winding equipment after
particular events (1) This section applies if a following
event happens at a mine— (a) winding
equipment is
repaired to
an extent that
may affect the equipment’s safe
operation; (b) a rope used in winding operations is
recapped; (c) the winder is stopped for more than 8
consecutive hours; (d) a seismic
event that
may affect the
safety of
winding operations. (2)
The
site senior executive must ensure a person is not carried in
a
conveyance, other than a stage, in the winding operations
until— (a)
the
conveyance has made 1 trip up and down the shaft
through its
normal working
range at
full operating
speed; and (b)
the
winding equipment has been found to operate safely.
130 Signalling and communication
(1) The site senior executive must ensure
the mine has a system for effective
communication between
persons involved
in operating, monitoring or
using winding
equipment at
the mine. (2)
If the communication system
involves the
use of a
signals code, the site
senior executive must ensure— (a)
each
person involved in winding operations at the mine
is
familiar with the code; and Page 82
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 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. Not authorised
—indicative only
Part
14 Work environment Division 1
Managing risk from exposure to
hazards generally Subdivision
1 Health assessments 131
Health assessment of workers
(1) This section
applies if
a hazard with
potential to
cause a
significant adverse effect on the safety or
health of a person is identified at a mine.
(2) The site senior executive must
ensure— (a) the physical and medical condition of
each worker at the mine is
assessed to
check, as
far as reasonably practicable, for
any condition that
may impair the
worker’s ability to tolerate the hazard
without harming the worker or the worker’s future children;
and (b) a record of the assessment (a
health assessment record )
is
kept. (3) The assessment must
be carried out
in an appropriate way,
including, for
example, by
a medical examination, having
regard to the nature of the hazard.
(4) The assessment must be carried
out— (a) before the worker is exposed to the
hazard at the mine; and (b) periodically, as
necessary, to
assess changes
in the worker’s ability
to tolerate the hazard. Current as at [Not applicable]
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level of risk [s 132] (5)
If
the site senior executive considers the assessment needs to
be carried out
by a medical
examination, the
site senior
executive must arrange for the assessment to
be done by, or under the supervision of, an appropriate
doctor. (5A) The appropriate
doctor must give— (a) the site senior executive a health
assessment report; and (b) the worker a
copy and explanation of the report. (6)
The
worker’s employer must pay for the worker’s assessment
and
the health assessment reports. Maximum
penalty—30 penalty units. (7) Subsection (6)
is not a
safety and
health obligation for
the Act. 132
Health assessment of visitors
The
site senior executive must ensure— (a)
the
physical and medical condition of each visitor to the
mine
is assessed in an appropriate way, including, for
example, by a questionnaire, to decide if
the visitor has any condition that
may impair the
visitor’s ability
to tolerate a hazard to which the visitor
may be exposed at the mine; and (b)
a record of
the assessment (also
a health assessment record
), including, for
example, a
copy of
the questionnaire, is kept.
Subdivision 2 Limiting
exposure to hazards 133 Exposure limits for workers
(1) This section
applies if
an assessment of
a worker’s health
under section 131 shows the worker has an
unacceptable level of risk from a hazard at a lower level of
exposure than the general exposure limit for the hazard,
including, for example, Page 84 Current as at
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 134] because a
personal factor of the worker impairs the worker’s
ability to tolerate the hazard.
Example of a personal factor—
fitness, diet, pregnancy, physical
disability, allergy or phobia (2)
The site senior
executive must
ensure a
personal exposure
limit is set for the worker for the hazard
to reduce the risk to an acceptable level.
134 Adjusting exposure limits for hazards
for workers (1) This section
applies if
a hazard is
in a mine’s
work environment and
at least 1 of the following apply to a worker at the
mine— (a) the worker’s
work cycle
does not
conform to
the standard work
cycle used
in establishing the
general exposure limit
for the hazard; (b) the worker’s work cycle decreases the
rate at which the worker recovers from adverse effects of the
hazard; (c) the effects of a hazard on the worker
may increase if the worker does
heavy strenuous
work or
works under
adverse climatic conditions.
(2) The site
senior executive
must ensure
the exposure limit
applying to the worker for the hazard is
adjusted to account for the circumstances mentioned in
subsection (1). (3) If the national standard for the
hazard or NOHSC’s guidance note states a way of adjusting the
general exposure limit for the hazard in the circumstances, the
site senior executive must ensure the
exposure limit
applying to
the worker for
the hazard is adjusted in the stated
way. (4) If the
work environment at
a mine contains
hazards that
interact with each other to increase their
adverse effects on a worker, the
site senior
executive must
ensure the
exposure limits that
apply to the worker for the hazards are adjusted to
account for the interaction.
(5) In this section— Current as at
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only Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 135] NOHSC’s guidance
note means NOHSC’s document called
‘Guidance Note on the Interpretation of
Exposure Standards for Atmospheric Contaminants in
the Occupational Environment 3rd
edition [NOHSC:3008 (1995)]’. standard
work cycle
, generally, means
a work cycle
consisting of— (a)
a
shift of not longer than 8 hours a day; and (b)
not
more than 5 shifts a week; and (c)
at
least 16 hours between consecutive shifts. 135
Limiting workers’ exposure
(1) The site senior executive must ensure
a worker’s exposure to a hazard at the mine—
(a) does not
exceed the
exposure limit
applying to
the worker for the hazard; and
(b) is as low as reasonably
achievable. (2) This section does not apply to the
worker’s exposure to the hazard during an emergency
evacuation. 136 Monitoring workers’ exposure
(1) This section applies to a hazard at a
mine— (a) that has
the potential to
exceed the
exposure limit
applying to a worker for the hazard;
or (b) for which the level of risk may
vary. (2) The site senior executive must ensure
the worker’s exposure to the hazard
is monitored, and
the monitoring results
are analysed, regularly.
(3) If a relevant Australian standard or
national standard states a way of carrying out the monitoring or
analysis, the site senior executive must ensure the monitoring
or analysis is done in the stated way. Page 86
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 137] Examples of a
relevant Australian or national standard— 1
for
inspirable dust—AS 3640 ‘Workplace atmospheres—Method
for
sampling and gravimetric determination of inhalable dust’
2 for lead—NOHSC’s document called
‘National Standard for the Control of Inorganic Lead at Work
[NOHSC:1012]’ 3 for respirable dust—AS 2985 ‘Workplace
atmospheres—Method for sampling and gravimetric determination
of respirable dust’ 137 Tampering with monitoring samples and
results A person must not tamper, or allow another
person to tamper, with a sample or the results of a sample
taken to monitor a worker’s exposure to a hazard at a
mine. 138 Health surveillance
(1) The site senior executive must arrange
for health surveillance of a worker at the mine if the site
senior executive reasonably believes, 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 work conditions; and (c)
either— (i)
a
valid technique capable of detecting signs of the
health effect exists; or (ii)
a valid biological monitoring procedure
is available to
detect changes
from the
current accepted values
for the hazard. Examples of changes from current accepted
values— 1 a higher than normal blood level of
lead caused by exposure to substances containing
lead 2 a raised urinary mercury level caused
by exposure to mercury vapour Current as at
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level of risk [s 138] (2)
The site senior
executive must
arrange for
the health surveillance to
be done by,
or under the
instruction of,
an appropriate 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)
The worker’s employer
must pay
for the worker’s
health surveillance and
the health surveillance reports. Maximum
penalty—30 penalty units. (4) The site senior
executive must ensure the health surveillance report is kept
for the following period— (a) for
a hazard with
a cumulative or
delayed effect—30
years; Example for
paragraph (a)— silica, noise or vibration
(b) for another hazard—7 years.
(5) If the
mine ceases
operations in
the period the
health surveillance
report is required to be kept under subsection (4),
the
site senior executive must ask for, and comply with, the
chief executive’s directions about the
report’s storage. (6) Subsection (3)
is not a
safety and
health obligation for
the Act. (7)
In
this section— health surveillance report
means information, other
than a
medical record, about— (a)
the
effects on the worker’s health related to the worker’s
exposure to a hazard at the mine; and
(b) the need, if any, for remedial
action. Page 88 Current as at
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 139] 139
Removing affected worker from work
environment (1) Subsection (2) applies if a worker has
effects from a hazard, other than
lead, at
a mine exceeding
the exposure limit
applying to the worker for the
hazard. (2) The site senior executive must ensure
the worker is removed from, and does not resume, work
involving exposure to a level of the hazard
that would increase the effects or prevent
the effects decreasing.
(3) The site senior executive must ensure
a worker— (a) is removed from a lead-risk job if the
worker has a blood lead level at or above the worker’s removal
level; and (b) does not resume a lead-risk job until
the worker’s blood lead level is less than the level stated for
the worker in the inorganic lead standard, section
15(27). (4) In this section— inorganic
lead standard
means NOHSC’s
document called
‘National Standard for the Control of
Inorganic Lead at Work [NOHSC:1012]’. lead-risk
job , for a worker, means work in which the
blood lead level of the worker might reasonably be
expected to rise, or does rise,
above 1.45mmo/L
(30mg/dL) or
the worker's removal level,
whichever is the lower. removal level , for a worker,
means the removal level stated for the worker in
the inorganic lead standard, section 15(24). 140
Using
personal protective equipment (1)
This section
applies if a person’s exposure to a hazard
at a mine can
not be prevented
or reduced other
than by
using personal
protective equipment. (2) The site senior
executive must ensure— (a) the
person is
given suitable
and effective personal
protective equipment; and
(b) the person is competent in using the
equipment; and Current as at [Not applicable]
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89
Mining
and Quarrying Safety and Health Regulation 2017 Chapter 2 Ways of
achieving an acceptable level of risk [s 141]
(c) the person’s work load and work cycles
are reduced to allow for the increased physical load of the
equipment. (3) A person who is given personal
protective equipment under subsection (2) must use the equipment
when the person’s level of risk from the hazard is
unacceptable. Not authorised —indicative
only Division 2 Managing risk
from exposure to particular hazards 141
Asbestos material installed in buildings and
plant (1) This section
applies if
asbestos material
is installed in
a building or plant at a mine.
(2) The site
senior executive
must ensure
a standard work
instruction or procedure is
established— (a) to prevent
the exposure of
persons to
the asbestos material;
or (b) if the
exposure can
not be prevented, to
minimise the
exposure. (3)
The
standard work instruction or procedure must include—
(a) the steps
that must
be taken to
restrict access
to, and prevent
disturbance of, the asbestos material; and (b)
work
practices in the vicinity of the asbestos material;
and (c) requirements for
assessment of the asbestos material at regular
intervals of
at least 1
year and
earlier if
the nature or location of work in the
vicinity of the asbestos material changes. (4)
If
the asbestos material is friable, poorly bonded or unstable,
for example, because
of damage or
deterioration, the
site senior executive
must ensure the asbestos material is enclosed, sealed or
removed. (5) If the
asbestos material
is to be
removed, the
site senior
executive must
ensure an
asbestos removalist removes
the Page 90 Current as at
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Regulation 2017 Chapter 2 Ways of achieving an acceptable
level of risk [s 142] asbestos
material under NOHSC’s document called ‘Code of Practice for the
Safe Removal of Asbestos [NOHSC:2002]’. 142
Asbestos, other than asbestos material
installed in buildings and plant (1)
This
section applies to asbestos occurring naturally at a mine.
(2) The site senior executive must
ensure— (a) action is taken to prevent the
exposure of persons to the asbestos; or (b)
if
the exposure can not be prevented, action is taken to
protect the health of persons at the mine
from the effect of the asbestos. (3)
The site senior
executive must
ensure monitoring or
assessment of airborne asbestos is carried
out under NOHSC’s document called
‘Guidance Note
on the Membrane
Filter Method for
Estimating Airborne Asbestos Fibres 2nd edition [NOHSC:3003
(2005)]’. 143 Heat (1)
The
site senior executive must ensure the mine has a system
for managing the
risk to
persons from
heat in
places at
the mine where the wet bulb temperature
exceeds 27ºC. (2) The system must provide for setting
maximum wet and dry bulb temperature limits
for the persons’
exposure having
regard to subsection (3) and any criteria
stated in a guideline for managing heat. (3)
The
site senior executive must ensure a person is not exposed
to a
wet bulb temperature exceeding 34ºC at the mine unless
the
person is— (a) engaged in
work to
reduce the
temperature and
authorised by
the person’s employer
or supervisor to
carry out the work; or Current as at
[Not applicable] Page 91
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level of risk [s 144] (b)
a mines rescue
member carrying
out training or
emergency response
under procedures documented in
the
system; or (c) being evacuated in an
emergency. 144 Oxygen (1)
The
site senior executive must ensure a person is not exposed
to— (a) an atmosphere in
a confined space on the surface of the mine that
has— (i) an oxygen content of less than 19.5%
by volume; or (ii) an oxygen
content of more than 23.5% by volume; or
(b) an atmosphere in any other part of the
mine that has an oxygen content of less than 18% by
volume. (2) In this section— confined
space means a confined space as defined in AS
2865 ‘Confined Spaces’. 145
Radiation (1)
This section
applies if
a person in
a mine’s work
or local environment is
likely to be exposed, above acceptable limits, to radiation
from a naturally occurring radioactive substance
at
the mine. (2) The site senior executive must
ensure— (a) the mine
has a system
to provide for
the safe management of
the radiation; and (b) the system is complied with.
Page
92 Current as at [Not applicable]
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Part
15 Mining and Quarrying Safety and Health
Regulation 2017 Chapter 3 Miscellaneous [s 146]
Miscellaneous 146
Access to Act and regulation
The
site senior executive must ensure a copy of the Act and
this
regulation is kept at the mine in a location that is easily
accessible by each person at the
mine. 147 Workers’ access to guidelines
The
site senior executive must ensure a copy of the current
guideline for work carried out at the mine
is available to, and easily accessible by, each worker
carrying out the work at the mine.
148 Prohibited substances
The
site senior executive must ensure a prohibited substance
mentioned in schedule 3, column 1 is not
used at the mine for a prohibited purpose
mentioned in
schedule 3,
column 2
opposite the name of the substance.
Chapter 3 Miscellaneous 149
Declarations about mines—Act, s 9
(1) For section
9(1)(e) of
the Act, each
place mentioned
in schedule 4, part 1 is declared to be a
mine. (2) For section 9(4) of the Act, each
place mentioned in schedule 4, part 2 is
declared to be a mine or part of a mine to which the
Act
does not apply. Current as at [Not applicable]
Page
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[s
150] 150 Number of persons for giving facility
description—Act, s 47 For section
47(1)(b) of
the Act, the
prescribed number
of persons is— (a)
for
section 47(1)(b)(i)—5; or (b) for section
47(1)(b)(ii)—4. 150A Civil penalties—Act, ss 246E and
246F (1) For section 246E of the Act,
definition civil penalty obligation, the
safety and
health obligations and
other obligations mentioned in
schedule 5A are prescribed. (2)
For
section 246F(3) of the Act, the category of a civil penalty
obligation is— (a)
for an obligation mentioned
in schedule 5A,
part 1—
category 1; or (b)
for an obligation mentioned
in schedule 5A,
part 2—
category 2; or (c)
for an obligation mentioned
in schedule 5A,
part 3—
category 3. 151
Board
of examiners’ fees The fees payable to the board of examiners
under the Act are stated in schedule 6, part 1.
Chapter 4 Transitional
provisions 152 Definition In this
chapter— Page 94 Current as at
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 4 Transitional provisions
[s
153] repealed regulation means the
Mining and Quarrying Safety
and
Health Regulation 2001 . Not
authorised —indicative only
153 Documents (1)
A
document, including an electronic document, made under
the repealed regulation for
a particular purpose
that is
still current
and relevant for
the same purpose
is taken, for
that purpose, to have
been made under this regulation. (2)
If
the context requires, the document is taken to have taken
effect, to have been made, or to have been
given or received, when the
document took
effect, was
made or
was given or
received under the repealed
regulation. (3) In this section— document
includes— (a)
an
acknowledgement; and (b) an approved
form; and (c) an assessment; and (d)
an
authorisation; and (e) a certification; and
(f) a consent; and (g)
a
delegation; and (h) a direction; and (i)
a
document of appointment; and (j)
a
document that forms part of a mine record; and (k)
a document that
forms part
of a safety
and health management
system; and (l) a notice; and (m)
a
notification; and (n) a plan; and (o)
a
procedure; and Current as at [Not applicable]
Page
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[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. 154 Processes
(1) A process undertaken under the
repealed regulation before the commencement is
taken to be a process undertaken under this regulation. (2)
A
process started under the repealed regulation that was not
completed before the commencement may be
continued under this regulation. (3)
In
this section— process includes—
(a) a practice; and (b)
a
measure; and (c) an investigation; and
(d) a risk management process; and
(e) an election process.
155 Safety and health fee
(1) After the commencement, the amount of
the safety and health fee that accrued for a period before
the commencement, is to be worked
out using information included
in a safety
and health census
under section
11D, as
if the repeal
had not happened.
(2) The amount of the safety and health
fee that accrued under the repealed regulation is
payable under
section 11C
as if the
repeal had not happened. Page 96
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Mining and Quarrying Safety and Health
Regulation 2017 Chapter 4 Transitional provisions
[s
156] 156 Notice if safety and health census not
given or is inadequate The chief
executive may give a notice under section 11E in
relation to a safety and health census
given, or not given, in relation to a period before the
commencement. 157 Late or unpaid fees
Sections 11F and 11G apply to any amount
that, immediately before the commencement, was unpaid under
section 11F or 11G of the repealed regulation, including an
amount that is unpaid because
the safety and
health census
had not been
given as required under section 11D or
11F. 158 Refund of overpayment of safety and
health fee Section 11H
applies to
any amount overpaid
under the
repealed regulation. 160
Exposure limits An exposure
limit in effect for a worker immediately before the commencement
continues to apply to the worker on the commencement. 161
Obligation to do things within or for stated
period (1) This section applies if—
(a) before the commencement, a person was
required to do something, under a provision of the repealed
regulation, within or for a stated period; and
(b) immediately before
the commencement, the
stated period had not
expired. Example of a requirement for subsection
(1)— a requirement to keep a record or to give a
safety and health census or a notice
Current as at [Not applicable]
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[s
162] (2) The provision
of this regulation that
corresponds to
the provision of the repealed regulation
applies to the doing of the thing as if the
provision had been in force when the period started.
162 Obligation to do things
indefinitely (1) This section applies if, before the
commencement, a person was required
to do something
under a
provision of
the repealed regulation for an indefinite
period. (2) The provision
of this regulation that
corresponds to
the provision of the repealed regulation
applies to the doing of the thing as if the
provision had been in force when the period started.
163 References to repealed
regulation In an instrument, if
the context permits,
a reference to
the repealed regulation is
taken to
be a reference
to this regulation. 164
Obligations, accountabilities and
directions The repeal of
the repealed regulation does
not affect an
obligation, accountability or
direction held,
acquired or
received by a person under the repealed
regulation. 165 Acts of persons An act of a
person under the repealed regulation is taken to be
an
equivalent act under this regulation. Page 98
Current as at [Not applicable]
Schedule 1 Mining and
Quarrying Safety and Health Regulation 2017 Schedule 1
Types of high potential incidents for
section 195(2)(b) of the Act Not
authorised —indicative only
section 12A 1
theft or other loss of explosive
2 the entrapment of a person
3 an incident causing an emergency
evacuation of the mine or part of it, other than as part of a
training exercise 4 a catastrophic or major structural
failure of plant 5 one of the following incidents, if the
incident has the potential to cause a significant adverse effect
on the safety or health of a person—
(a) a fire; (b)
an
inrush; (c) damage to,
or failure of,
haulage winding
of lifting equipment; (d)
an unplanned movement
of, or a
failure to
stop, a
vehicle; (e)
the failure in
service of
explosion protection or
explosive-protected plant;
(f) a failure
of electrical equipment
or an electrical installation; (g)
a
failure of ground control support or reinforcement;
(h) the exposure of a person to a
hazardous 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 2017 Schedule 1
(m) an unplanned
ignition or
explosion of
gas, dust
or explosive; (n)
a spontaneous combustion of
a material in
an underground mine; (o)
an unforeseen incident
the site senior
executive considers
appropriate to be reported Not authorised
—indicative only
Page
100 Current as at [Not applicable]
Not authorised —indicative only
Schedule 1A Mining and
Quarrying Safety and Health Regulation 2017 Schedule
1A Diseases for section 195(6) of
the
Act section 12B asbestosis chronic
obstructive pulmonary disease legionellosis occupational
asthma occupational cancer silicosis
Current as at [Not applicable]
Page
101
Not authorised —indicative
only Mining and Quarrying Safety and Health
Regulation 2017 Schedule 2 Schedule 2
Types of serious accidents and
high
potential incidents section 13 Part 1
Types for section 197(1) of the
Act 1 a type of high
potential incident mentioned in schedule 1 2
an
incident causing the death of a person 3
an
incident causing a person to be admitted to a hospital as an
in-patient for treatment 4
an incident causing
a person to suffer an
injury causing, or likely to cause, a permanent injury to the
person’s health 5 an incident causing a person to become
unconscious Part 2 Types for
section 198(1)(c) of the Act a type of
serious accident or high potential incident mentioned
in
part 1 of this schedule Page 102 Current as at
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Schedule 3 Mining and
Quarrying Safety and Health Regulation 2017 Schedule 3
Prohibited substances section
148 Column 1 Prohibited
substance Column 2 Prohibited
purpose amosite, crocidolite, fibrous
anthophyllite, tremolite or actinolite
all
uses, other than sampling, analysis, maintenance, removal,
disposal, encapsulation or
enclosure chrysotile, other
than chrysotile all uses, other than research,
occurring in a product or item
analysis, removal or disposal
exempted under NOHSC’s document
called ‘National Model Regulations
for
the Control of Workplace Hazardous Substances
[NOHSC:1005 (1994)]’, schedule 2
compressed natural gas, hydrogen,
use
underground in an internal or liquid petroleum
gas, petrol external combustion engine
Current as at [Not applicable]
Page
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Declarations about mines section
149 Part 1 Places declared
to be mines University of
Queensland mine
located at
40 Isles Road,
Indooroopilly Part 2
Mines or parts of mines to
which Act does not apply 1
a part of
a mine where
electrical works
owned by
an electricity entity, other than RTA
Weipa Pty Ltd ABN 54 137 266 285, are located
2 a part of a mine on or adjacent to
mining lease 8058, held by Mount Isa Mines Limited ACN 87 009 661
447, where the Mount Isa
Water Board
carries out
activities in
connection with providing
water for the City of Mount Isa or operations on or adjacent
to the mining lease Note— The
area where
the Mount Isa
Water Board
carries out
the activities is shown outlined in red on
Mount Isa Mines Limited plan number MIWB DME 1 held by the
department. Page 104 Current as at
[Not applicable]
Schedule 5 Mining and
Quarrying Safety and Health Regulation 2017 Schedule 5
General exposure limits for
hazards schedule 7,
definition general exposure limit Not
authorised —indicative only
Column 1 Hazard
atmospheric contaminant crystalline
silica (cristobalite, quartz, tridymite) inspirable
dust ionising radiation noise
respirable dust Current as at
[Not applicable] Column 2 General exposure
limit the exposure standard assigned to the
contaminant in NOHSC’s document
called ‘Adopted National Exposure
Standards for Atmospheric
Contaminants in the Occupational
Environment [NOHSC:1003 (1995)]’
0.1mg/m 3
Note— See the
‘Amendments to the Adopted National Exposure Standards for
Atmospheric Contaminants in the
Occupational Environment (Source C
Updates) 2004’ published in the
Commonwealth of Australia Gazette No.
GN
49 on 8 December 2004. 10mg/m 3
the
dose limit stated in NOHSC’s document called
‘National Standard for Limiting Occupational Exposure
to
Ionizing Radiation [NOHSC:1013 (1995)]’,
schedule 1 the dose limit stated in NOHSC’s
document called ‘National Standard
for
Occupational Noise 2nd edition [NOHSC:1007
(2000)]’ 5mg/m 3
Page
105
Mining
and Quarrying Safety and Health Regulation 2017 Schedule 5
Column 1 Hazard
respirable synthetic mineral fibre
Column 2 General exposure
limit 0.5 fibre/mL air Not
authorised —indicative
only Page 106 Current as at
[Not applicable]
Not authorised —indicative only
Schedule 5A Mining and
Quarrying Safety and Health Regulation 2017 Schedule
5A Civil penalties section
150A Part 1 Category 1
obligations 1 the safety and health obligation under
section 39(1)(c) of the Act to develop a safety and health
management system for a mine at which more than 10 workers are
employed Part 2 Category 2
obligations 1 the safety and health obligation under
section 136(2) of this regulation (relating to monitoring for
exposure to hazards) Part 3 Category 3
obligations 1 the safety and health obligation under
section 39(1)(c) of the Act to implement a safety and health
management system for a mine that
includes the
procedures or
standard work
instructions mentioned in sections 42, 47,
55, 58, 70, 71, 72, 79, 128 and 141 of this regulation
2 the safety
and health obligations under
section 131
of this regulation
(relating to health assessments) 3
the obligations under
section 195
of the Act,
other than
section 195(7)
(relating to
notifying accidents, incidents, deaths or
diseases) Current as at [Not applicable]
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Fees sections 11C(2), 11F(4) and 151
Part
1 Board of examiners’ fees 1
Application for assessment for a first class
certificate of competency 2
Issuing a duplicate certificate of
competency to replace a lost, destroyed or defaced
certificate Part 2 Other
fees $ 41.00 7.90
1 Safety and health fee—
(a) if the number of workers working at
the mine during a financial year is more than 5 but not more
than 10—for each worker working at the mine
during the financial year (b)
if
the number of workers working at the mine during
a
financial year is more than 10—for each worker working at the
mine during the financial year 2
Fee
for a late safety and health census $
110.80 880.00
110.80 Page 108
Current as at [Not applicable]
Schedule 7 Mining and
Quarrying Safety and Health Regulation 2017 Schedule 7
Dictionary Not
authorised —indicative only
section 3 ADG Code
means the Australian Code for the Transport
of Dangerous Goods
by Road and
Rail approved
by the Transport and
Infrastructure Council, as in force from time to
time. AHD
means the
Australian height
datum adopted
by the National Mapping
Council of Australia for referencing a level or height back
to a standard base level. appropriate doctor
, for a
health surveillance or
health assessment of a
person at a mine, means a doctor who— (a)
either— (i)
is registered with
the Australian Health
Practitioner Regulation Agency
as a specialist in
occupational medicine; or
(ii) has an
Australian Qualifications Framework level 8 or above
qualification in occupational medicine; and
(b) has demonstrated knowledge of the
risks associated with activities performed by the mine’s
workers. AS or AS/NZS
means a
standard published
by Standards Australia
Limited ACN 087 326 690. AS 2187 means AS 2187
‘Explosives—Storage, transport and use’.
asbestos means the
asbestiform varieties of mineral silicates belonging
to the serpentine or
amphibole groups
of rock-forming minerals, including the
following minerals— (a) actinolite asbestos;
(b) grunerite (or amosite) (brown)
asbestos; (c) anthophyllite asbestos;
Current as at [Not applicable]
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Mining
and Quarrying Safety and Health Regulation 2017 Schedule 7
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chrysotile (white); (e)
crocidolite (blue); (f)
tremolite asbestos; (g)
a mixture containing 1
or more of
the minerals mentioned in
paragraphs (a) to (f). Note— Paragraphs (a),
(b), (c) and (f) mention mineral silicates that use the
same mineral
term for
both the
asbestiform and
nonasbestiform varieties. The
word ‘asbestos’ has been included when listing these
minerals to emphasise that only the
asbestiform habit of these minerals is regulated as
asbestos. asbestos material
means installed
thermal or
acoustic insulation
material comprising or containing asbestos. atmospheric
contaminants guidance note means NOHSC’s document
called ‘Guidance
Note on
the Interpretation of
Exposure Standards
for Atmospheric Contaminants in
the Occupational Environment 3rd
edition [NOHSC:3008 (1995)]’.
Australian Qualifications Framework
see the Higher
Education Support Act 2003
(Cwlth), schedule 1. biological monitoring ,
for a hazardous
substance, means
testing for
the presence of
a hazardous substance, its
metabolites or a biochemical change in a
person’s body tissue, exhaled air or fluid resulting from
exposure to the hazardous substance. blasting
explosive means
an explosive that
contributes the
majority of the blasting work in mining or
quarrying. conveyance includes a skip,
cage, kibble or stage. dangerous goods see section
51. detonator means a capsule
or case containing an explosive of high sensitivity
used for initiating another explosive. effect
, of
a hazard, means the hazard’s effect on a person’s
safety or health. electrical
work means electrical work within the meaning
of the Electrical Safety Act 2002
. Current as at [Not
applicable]
Mining and Quarrying Safety and Health
Regulation 2017 Schedule 7 Not
authorised —indicative only
electrical works
, for schedule
4, part 2,
means electrical equipment and
electric line associated equipment within the meaning of
the Electrical Safety Act 2002
. electricity entity , for schedule
4, part 2, has the meaning given by the
Electrical Safety Act 2002
. emergency response plan
means an emergency response plan
developed under section 35.
employer , for a worker,
means the operator or contractor who employs the
worker. explosive means—
(a) a blasting explosive; or
(b) a detonator. exposed
, to
a hazard that is a substance, for a person, means
the person has
absorbed, or
is likely to
absorb, the
substance— (a)
by
ingestion or inhalation; or (b)
through the skin or mucous membrane.
exposure limit , applying to a
worker for a hazard, means— (a)
if
the worker does not have a personal exposure limit for
the
hazard—the general exposure limit for the hazard or,
if
the general exposure limit has been adjusted for the
worker under section 134, the limit as
adjusted; or (b) if the
worker has
a personal exposure
limit for
the hazard—the personal exposure limit or,
if the personal exposure limit has been adjusted for the
worker under section 134, the limit as adjusted.
extra low
voltage means
a voltage of
less than
50V a.c. or
120V
d.c., ripple free. extraneous electricity ,
for blasting, means
an unintended electrical current
from a
source other than the firing device
which could initiate a detonator.
Examples— stray currents,
induced currents, static electricity and radio-frequency
energy Current as at
[Not applicable] Page 111
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and Quarrying Safety and Health Regulation 2017 Schedule 7
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assessment record see sections 87(1) and 88(2).
fitness assessment report
, for a
worker, means
written information,
other than a medical record, about the worker’s fitness for
work. GDA means Geocentric Datum of Australia
which is a system of earth-centred datum used for
mapping. general exposure limit , for a hazard
mentioned in schedule 5, column 1, means the exposure standard,
dose limit or other limit stated opposite the hazard in schedule
5, column 2. hazardous substance , see section
50. health assessment record see sections
131(2) and 132(b). health assessment report
, for a
worker, means
written information,
other than a medical record, about the worker’s ability to
tolerate a hazard without harming the worker or the
worker’s children. health
surveillance means
the monitoring, including
biological monitoring and medical
assessment, of a person to check for changes in the person’s
health because of exposure to a hazard. identify
, for a
hazard, means
establish the
presence of
the hazard by a risk management
process. inspirable dust
see the atmospheric contaminants guidance
note, 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) if supplied
in tanks or
packages, supplied
in tanks or
packages that are not opened.
local environment , of a mine,
means the area outside the mine site affected,
or reasonably likely to be affected, by operations
at
the mine. lock-out ,
plant, means
attach a
lock to
the plant or
an enclosure in which the plant is
located. Current as at [Not applicable]
Not authorised —indicative only
Mining and Quarrying Safety and Health
Regulation 2017 Schedule 7 major hazard
facilities standard means NOHSC’s document called
‘National Standard
for the Control
of Major Hazard
Facilities [NOHSC:1014 (2002)]’.
major hazard facility see section
60. manufacture an explosive,
means manufacture the explosive within the
meaning of the Explosives Act 1999 .
medical record , of a person,
means personal medical results or
clinical findings
obtained from
a fitness or
health assessment or
health surveillance of the person. MSDS
stands for Material Safety Data
Sheet. NICNAS summary report means a summary
report under the Industrial Chemicals (Notification and
Assessment) Act 1989 (Cwlth). NOHSC
means the National Occupational Health and
Safety Commission under
the National Occupational Health
and Safety Commission Act 1985
(Cwlth). occupational asthma,
in relation to
a person, means
asthma caused or
exacerbated by the person’s work or environmental
factors at the person’s workplace.
occupational cancer,
in relation to
a person, means
cancer caused,
wholly or
partly, by
the person’s work
or environmental factors at the person’s
workplace. personal exposure
limit ,
for a person,
means the
personal exposure limit
set for the person under section 133(2). possess
an
explosive, means possess the explosive within the
meaning of the Explosives Act
1999 . possible major hazard facility
see
section 60A. quarter means a 3 month
period ending on 30 September, 31 December, 31
March or 30 June. respirable dust
see the atmospheric contaminants guidance
note, chapter 14. respirable synthetic
mineral fibre
see the atmospheric contaminants
guidance note, chapter 14. Current as at [Not applicable]
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Regulation 2017 Schedule 7 responsible person
, for a
mine, for
chapter 2,
part 2A,
see section 11B. safety
and health census
, for chapter
2, part 2A,
see section 11D(1). safety and
health fee see section 11C(1). SDS
means a document sufficient to comply with a
safety data sheet under the Work
Health and
Safety Regulation 2011
if that regulation applied for the
purposes of this regulation. store
an explosive, means
store the
explosive within
the meaning of the Explosives Act
1999 . tag , plant or a
part of plant, means attach a tag to the plant or
part
or an enclosure in which the plant is located. underground
magazine means an underground magazine as
defined in AS 2187. Note—
AS
2187.0— underground magazine —An enclosed
cavity formed in underground rock, or a
magazine constructed in accordance with AS 2187.1 for
underground use,
which is
used for
the storage of
explosives and
detonators. underground
temporary storage means an area that is— (a)
underground at a mine; and
(b) set aside
temporarily for
storing explosives for
imminent use in operations that are in
progress near the temporary storage. visitor
means a person other than a worker.
winder means
a winding engine
for raising or
lowering a
conveyance in a shaft, winze or
raise. winding equipment includes the
following things— (a) a winder; (b)
a
conveyance; (c) a counterweight for the
conveyance; Page 114 Current as at
[Not applicable]
Not authorised —indicative only
Mining and Quarrying Safety and Health
Regulation 2017 Schedule 7 (d)
ropes and
attachments associated with
the winding process;
(e) a headframe; (f)
guides; (g)
equipment for loading and unloading the
conveyance. work environment , at a mine,
includes the mine site and plant at the
site. Current as at [Not applicable]
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