{"id":"qld:sl-2017-0166","name":"Mining and Quarrying Safety and Health Regulation 2017","slug":"mining-and-quarrying-safety-and-health-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"166 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174989,"registerId":"qld-qld:sl-2017-0166-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.4","sectionType":"section","heading":"Ways of achieving an acceptable level of risk","content":"### sec.4 Ways of achieving an acceptable level of risk\n\nThe relevant provisions prescribe ways of achieving an acceptable level of risk at a mine in the circumstances mentioned in the provisions.\nHowever, the relevant provisions do not deal with all circumstances that expose someone to risk at a mine.\nA person may discharge the person’s safety and health obligation in the circumstances mentioned in the relevant provisions only by following the ways prescribed.\nSee section 31 of the Act for the penalty for failing to discharge the obligation.\nIn this section—\nrelevant provisions means—\nthis chapter other than sections 60B (1) , 60C (2) , 87 (5) , 120 (1) and (2) , 131 (6) , 145J (1) and (3) and 145K (1) and (2) ; and\nschedule 2E other than schedule 2E , sections 6 (1) , 13 (1) , 19 (1) , 23 (2) , 24 (3) , 26 (4) and 29 (1) .\ns 4 amd 2020 SL No. 108 s 9 ; 2023 SL No. 71 s 4 ; 2024 SL No. 167 s 51\n(sec.4-ssec.1) The relevant provisions prescribe ways of achieving an acceptable level of risk at a mine in the circumstances mentioned in the provisions.\n(sec.4-ssec.2) However, the relevant provisions do not deal with all circumstances that expose someone to risk at a mine.\n(sec.4-ssec.3) A person may discharge the person’s safety and health obligation in the circumstances mentioned in the relevant provisions only by following the ways prescribed. See section 31 of the Act for the penalty for failing to discharge the obligation.\n(sec.4-ssec.4) In this section— relevant provisions means— this chapter other than sections 60B (1) , 60C (2) , 87 (5) , 120 (1) and (2) , 131 (6) , 145J (1) and (3) and 145K (1) and (2) ; and schedule 2E other than schedule 2E , sections 6 (1) , 13 (1) , 19 (1) , 23 (2) , 24 (3) , 26 (4) and 29 (1) .\n- (a) this chapter other than sections 60B (1) , 60C (2) , 87 (5) , 120 (1) and (2) , 131 (6) , 145J (1) and (3) and 145K (1) and (2) ; and\n- (b) schedule 2E other than schedule 2E , sections 6 (1) , 13 (1) , 19 (1) , 23 (2) , 24 (3) , 26 (4) and 29 (1) .","sortOrder":1},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Safety and health risk management","content":"# Safety and health risk management","sortOrder":2},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Risk management practices and procedures","content":"## Risk management practices and procedures","sortOrder":3},{"sectionNumber":"sec.5","sectionType":"section","heading":"Risk management practices and procedures","content":"### sec.5 Risk management practices and procedures\n\nThe site senior executive for a mine must ensure the mine’s risk management practices and procedures are—\nestablished in consultation with the mine workers; and\ncompatible with, and coordinated throughout the mine for, all operations at the mine.\ns 5 amd 2019 SL No. 140 s 21 sch 1\n- (a) established in consultation with the mine workers; and\n- (b) compatible with, and coordinated throughout the mine for, all operations at the mine.","sortOrder":4},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Risk management process","content":"## Risk management process","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Hazard identification","content":"### sec.6 Hazard identification\n\nA 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.\nThe operator must ensure hazard identification for the mine’s operations is done during the operations’ planning and design.\nThe site senior executive for a mine must ensure hazard identification for the mine’s operations is done—\nwhen the operations start; and\nduring the operations; and\nwhen the operations change in size, nature, complexity or another way; and\nfor a hazard caused by a hazardous chemical or dangerous good—periodically at intervals not longer than 5 years.\nFor hazards caused by hazardous chemicals or dangerous goods, the site senior executive for a mine must ensure the identification includes the following—\nhazardous chemicals or dangerous goods being processed or used for processing;\nhazardous chemicals or dangerous goods that are a product, by-product or waste product of operations;\nhazardous chemicals or dangerous goods occurring in—\nthe natural environment; or\nplant or facilities; or\nenergy sources.\ns 6 amd 2019 SL No. 140 s 21 sch 1\n(sec.6-ssec.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.\n(sec.6-ssec.2) The operator must ensure hazard identification for the mine’s operations is done during the operations’ planning and design.\n(sec.6-ssec.3) The site senior executive for a mine must ensure hazard identification for the mine’s operations is done— when the operations start; and during the operations; and when the operations change in size, nature, complexity or another way; and for a hazard caused by a hazardous chemical or dangerous good—periodically at intervals not longer than 5 years.\n(sec.6-ssec.4) For hazards caused by hazardous chemicals or dangerous goods, the site senior executive for a mine must ensure the identification includes the following— hazardous chemicals or dangerous goods being processed or used for processing; hazardous chemicals or dangerous goods that are a product, by-product or waste product of operations; hazardous chemicals or dangerous goods occurring in— the natural environment; or plant or facilities; or energy sources.\n- (a) when the operations start; and\n- (b) during the operations; and\n- (c) when the operations change in size, nature, complexity or another way; and\n- (d) for a hazard caused by a hazardous chemical or dangerous good—periodically at intervals not longer than 5 years.\n- (a) hazardous chemicals or dangerous goods being processed or used for processing;\n- (b) hazardous chemicals or dangerous goods that are a product, by-product or waste product of operations;\n- (c) hazardous chemicals or dangerous goods occurring in— (i) the natural environment; or (ii) plant or facilities; or (iii) energy sources.\n- (i) the natural environment; or\n- (ii) plant or facilities; or\n- (iii) energy sources.\n- (i) the natural environment; or\n- (ii) plant or facilities; or\n- (iii) energy sources.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Risk analysis","content":"### sec.7 Risk analysis\n\nA 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.\nThe person must have regard to the following in analysing the risk—\nthe results of hazard identification, risk monitoring and incident investigations carried out for the mine;\nthe work environment and work methods for the mine’s operations;\nthe interaction of hazards present at the mine;\nthe effectiveness and reliability of hazard controls in use at the mine;\nother reasonably available relevant information and data from, and practices in, other industries and mining operations.\n(sec.7-ssec.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.\n(sec.7-ssec.2) The person must have regard to the following in analysing the risk— the results of hazard identification, risk monitoring and incident investigations carried out for the mine; the work environment and work methods for the mine’s operations; the interaction of hazards present at the mine; the effectiveness and reliability of hazard controls in use at the mine; other reasonably available relevant information and data from, and practices in, other industries and mining operations.\n- (a) the results of hazard identification, risk monitoring and incident investigations carried out for the mine;\n- (b) the work environment and work methods for the mine’s operations;\n- (c) the interaction of hazards present at the mine;\n- (d) the effectiveness and reliability of hazard controls in use at the mine;\n- (e) other reasonably available relevant information and data from, and practices in, other industries and mining operations.","sortOrder":7},{"sectionNumber":"sec.8","sectionType":"section","heading":"Risk reduction","content":"### sec.8 Risk reduction\n\nA 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—\nelimination of the hazard;\nsubstitution with a lesser hazard;\nseparation of persons from the hazard;\nengineering controls;\nusing fans and ducting to remove dust\nusing guards on conveyors\nadministrative controls;\na restriction on the time a worker is exposed to a hazard\na procedure or standard work instruction\npersonal protective equipment.\nThe site senior executive for a mine must ensure hazard controls used to reduce risk in the mine’s work and local environments are appropriate having regard to the following—\nthe interaction of hazards present in the environments;\nthe effectiveness and reliability of the controls;\nother reasonably available relevant information and data from, and practices in, other industries and mining operations.\ns 8 amd 2019 SL No. 140 s 21 sch 1\n(sec.8-ssec.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— elimination of the hazard; substitution with a lesser hazard; separation of persons from the hazard; engineering controls; using fans and ducting to remove dust using guards on conveyors administrative controls; a restriction on the time a worker is exposed to a hazard a procedure or standard work instruction personal protective equipment.\n(sec.8-ssec.2) The site senior executive for a mine must ensure hazard controls used to reduce risk in the mine’s work and local environments are appropriate having regard to the following— the interaction of hazards present in the environments; the effectiveness and reliability of the controls; other reasonably available relevant information and data from, and practices in, other industries and mining operations.\n- (a) elimination of the hazard;\n- (b) substitution with a lesser hazard;\n- (c) separation of persons from the hazard;\n- (d) engineering controls; Examples— 1 using fans and ducting to remove dust 2 using guards on conveyors\n- 1 using fans and ducting to remove dust\n- 2 using guards on conveyors\n- (e) administrative controls; Examples— 1 a restriction on the time a worker is exposed to a hazard 2 a procedure or standard work instruction\n- 1 a restriction on the time a worker is exposed to a hazard\n- 2 a procedure or standard work instruction\n- (f) personal protective equipment.\n- 1 using fans and ducting to remove dust\n- 2 using guards on conveyors\n- 1 a restriction on the time a worker is exposed to a hazard\n- 2 a procedure or standard work instruction\n- (a) the interaction of hazards present in the environments;\n- (b) the effectiveness and reliability of the controls;\n- (c) other reasonably available relevant information and data from, and practices in, other industries and mining operations.","sortOrder":8},{"sectionNumber":"sec.9","sectionType":"section","heading":"Risk monitoring","content":"### sec.9 Risk monitoring\n\nA 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.\nThe site senior executive for a mine must ensure risk in the mine’s work and local environments caused by the mine’s operations is monitored—\nwhen the operations start; and\nat appropriate intervals or stages during operations at the mine; and\nwhen the mine’s risk management practices or procedures change significantly.\nMonitoring must include the following things—\nthe occurrence of incidents, injuries and ill health;\nthe level of hazards present in the mine’s work environment;\nfor monitoring under subsection (2) —the level of hazards from the mine’s operations present in the mine’s local environment.\nIf 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—\npersonal monitoring to decide a worker’s level of exposure to the hazard;\nmonitoring a worker using a dosimeter or other instrument to measure the worker’s level of exposure to noise\nself-monitoring to detect effects of the hazard;\nself-recognition of physical symptoms of heat stress or fatigue\nbiological monitoring to decide a worker’s level of exposure to the hazard;\nbiological monitoring to determine a worker’s blood lead level\nhealth surveillance under schedule 2E .\ns 9 amd 2019 SL No. 140 s 21 sch 1 ; 2020 SL No. 108 s 10 ; 2023 SL No. 71 s 5\n(sec.9-ssec.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.\n(sec.9-ssec.2) The site senior executive for a mine must ensure risk in the mine’s work and local environments caused by the mine’s operations is monitored— when the operations start; and at appropriate intervals or stages during operations at the mine; and when the mine’s risk management practices or procedures change significantly.\n(sec.9-ssec.3) Monitoring must include the following things— the occurrence of incidents, injuries and ill health; the level of hazards present in the mine’s work environment; for monitoring under subsection (2) —the level of hazards from the mine’s operations present in the mine’s local environment.\n(sec.9-ssec.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— personal monitoring to decide a worker’s level of exposure to the hazard; monitoring a worker using a dosimeter or other instrument to measure the worker’s level of exposure to noise self-monitoring to detect effects of the hazard; self-recognition of physical symptoms of heat stress or fatigue biological monitoring to decide a worker’s level of exposure to the hazard; biological monitoring to determine a worker’s blood lead level health surveillance under schedule 2E .\n- (a) when the operations start; and\n- (b) at appropriate intervals or stages during operations at the mine; and\n- (c) when the mine’s risk management practices or procedures change significantly.\n- (a) the occurrence of incidents, injuries and ill health;\n- (b) the level of hazards present in the mine’s work environment;\n- (c) for monitoring under subsection (2) —the level of hazards from the mine’s operations present in the mine’s local environment.\n- (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\n- (b) self-monitoring to detect effects of the hazard; Example— self-recognition of physical symptoms of heat stress or fatigue\n- (c) biological monitoring to decide a worker’s level of exposure to the hazard; Example— biological monitoring to determine a worker’s blood lead level\n- (d) health surveillance under schedule 2E .","sortOrder":9},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Records about risk management","content":"## Records about risk management","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Risk management record","content":"### sec.10 Risk management record\n\nThis section applies to a risk management process carried out at a mine—\nbecause 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\na risk management process carried out under section 32\nunder—\na guideline; or\na directive given by an inspector or inspection officer under part 9 of the Act .\nThe site senior executive for the mine must ensure a record of the process is made containing the following details—\nthe names of the persons involved in the risk assessment and their respective positions in the mine’s management structure;\na description of the hazard to which the process relates;\nthe method used for assessing the likelihood and consequences of the risk;\nthe controls proposed to reduce the risk.\nThe site senior executive for the mine must ensure the record is kept at the mine until the hazard to which the process relates is no longer present at the mine.\ns 10 amd 2019 SL No. 140 s 21 sch 1\n(sec.10-ssec.1) This section applies to a risk management process carried out at a mine— 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 a risk management process carried out under section 32 under— a guideline; or a directive given by an inspector or inspection officer under part 9 of the Act .\n(sec.10-ssec.2) The site senior executive for the mine must ensure a record of the process is made containing the following details— the names of the persons involved in the risk assessment and their respective positions in the mine’s management structure; a description of the hazard to which the process relates; the method used for assessing the likelihood and consequences of the risk; the controls proposed to reduce the risk.\n(sec.10-ssec.3) The site senior executive for the mine must ensure the record is kept at the mine until the hazard to which the process relates is no longer present at the mine.\n- (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\n- (b) under— (i) a guideline; or (ii) a directive given by an inspector or inspection officer under part 9 of the Act .\n- (i) a guideline; or\n- (ii) a directive given by an inspector or inspection officer under part 9 of the Act .\n- (i) a guideline; or\n- (ii) a directive given by an inspector or inspection officer under part 9 of the Act .\n- (a) the names of the persons involved in the risk assessment and their respective positions in the mine’s management structure;\n- (b) a description of the hazard to which the process relates;\n- (c) the method used for assessing the likelihood and consequences of the risk;\n- (d) the controls proposed to reduce the risk.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Risk monitoring record","content":"### sec.11 Risk monitoring record\n\nThe site senior executive for a mine must ensure a record of monitoring carried out under section 9 (2) is made and kept for the following period—\nfor a hazard with a cumulative or delayed effect—30 years;\nsilica, noise or vibration\nfor another hazard—7 years.\nIf the mine ceases operations in the period the record is required to be kept under subsection (1) , the site senior executive must ask for, and comply with, the CEO’s directions about the record’s storage.\ns 11 amd 2019 SL No. 140 s 21 sch 1 ; 2020 SL No. 69 s 24 sch 1\n(sec.11-ssec.1) The site senior executive for a mine must ensure a record of monitoring carried out under section 9 (2) is made and kept for the following period— for a hazard with a cumulative or delayed effect—30 years; silica, noise or vibration for another hazard—7 years.\n(sec.11-ssec.2) If the mine ceases operations in the period the record is required to be kept under subsection (1) , the site senior executive must ask for, and comply with, the CEO’s directions about the record’s storage.\n- (a) for a hazard with a cumulative or delayed effect—30 years; Example— silica, noise or vibration\n- (b) for another hazard—7 years.","sortOrder":12},{"sectionNumber":"ch.2-pt.2A","sectionType":"part","heading":"Safety and health fee","content":"# Safety and health fee","sortOrder":13},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Definitions for part","content":"### sec.11A Definitions for part\n\nIn this part—\nreporting period , for a mine, means—\nif the responsible person for the mine chooses under section 11DA (2) to give a safety and health census for the mine for a financial year—the financial year; or\notherwise—each quarter.\ns 11A def reporting period ins 2019 SL No. 221 s 21\nresponsible person , for a mine, means the responsible person for the mine within the meaning of section 11B .\nsafety and health census see section 11D (1) .\nsafety and health fee see section 11C (1) .\n- (a) if the responsible person for the mine chooses under section 11DA (2) to give a safety and health census for the mine for a financial year—the financial year; or\n- (b) otherwise—each quarter.","sortOrder":14},{"sectionNumber":"sec.11B","sectionType":"section","heading":"Meaning of responsible person","content":"### sec.11B Meaning of responsible person\n\nA person is the responsible person for a mine if the person is—\nfor a mine operated under a mining tenure, other than a mining tenure that is a prospecting permit or mining claim—\nif the operator for the mine is an individual—the holder of the mining tenure for the mine; or\nif the operator for the mine is a corporation—the operator for the mine; or\nfor a quarry—the operator for the mine; or\nfor a place that is a mine under section 9 (1) (c) of the Act —the person in control of the mine.\nHowever, 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—\nif 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\nSee the Mineral Resources Act 1989 , sections 61 (1) (c) , 133 (c) , 183 (1) (c) and 245 (1) (c) .\notherwise—any person who is a holder of the mining tenure.\ns 11B amd 2021 SL No. 75 s 15\n(sec.11B-ssec.1) A person is the responsible person for a mine if the person is— for a mine operated under a mining tenure, other than a mining tenure that is a prospecting permit or mining claim— if the operator for the mine is an individual—the holder of the mining tenure for the mine; or if the operator for the mine is a corporation—the operator for the mine; or for a quarry—the operator for the mine; or for a place that is a mine under section 9 (1) (c) of the Act —the person in control of the mine.\n(sec.11B-ssec.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— 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 See the Mineral Resources Act 1989 , sections 61 (1) (c) , 133 (c) , 183 (1) (c) and 245 (1) (c) . otherwise—any person who is a holder of the mining tenure.\n- (a) for a mine operated under a mining tenure, other than a mining tenure that is a prospecting permit or mining claim— (i) if the operator for the mine is an individual—the holder of the mining tenure for the mine; or (ii) if the operator for the mine is a corporation—the operator for the mine; or\n- (i) if the operator for the mine is an individual—the holder of the mining tenure for the mine; or\n- (ii) if the operator for the mine is a corporation—the operator for the mine; or\n- (b) for a quarry—the operator for the mine; or\n- (c) for a place that is a mine under section 9 (1) (c) of the Act —the person in control of the mine.\n- (i) if the operator for the mine is an individual—the holder of the mining tenure for the mine; or\n- (ii) if the operator for the mine is a corporation—the operator for the mine; or\n- (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) .\n- (b) otherwise—any person who is a holder of the mining tenure.","sortOrder":15},{"sectionNumber":"sec.11C","sectionType":"section","heading":"Payment of safety and health fee","content":"### sec.11C Payment of safety and health fee\n\nThe responsible person for a mine must pay a fee (a safety and health fee ) for each reporting period to cover the cost of activities carried out for the purposes of safety and health for operations.\nThe amount of the safety and health fee for a reporting period for a mine is stated in schedule 6 , part 2 .\nThe amount of the safety and health fee for a reporting period for a mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the mine under section 11D for the reporting period.\nSubsection (5) applies if the responsible person for the mine gives the CEO a safety and health census under section 11D for a reporting period for the mine.\nThe CEO must give the responsible person for the mine an invoice for the amount of the safety and health fee for the reporting period for the mine—\nif the reporting period is a financial year—before 30 August of the year; or\nif the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or\nif the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or\nif the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or\nif the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.\nThe invoice must state a day for payment that is at least 30 days after the day the CEO gives the responsible person for the mine the invoice.\nThe responsible person for the mine must pay the safety and health fee for the reporting period on or before the day for payment stated in the invoice.\nMaximum penalty—100 penalty units.\nSubsection (5) does not apply if the CEO reasonably believes, based on information available to the CEO, that—\na safety and health census received is incomplete or contains information that is incorrect; or\nSee section 11E .\nno safety and health fee for the reporting period for the mine is payable under schedule 6 , part 2 .\nSubsection (10) applies if—\nthe responsible person for a mine gives the CEO a safety and health census for a reporting period for the mine after the end of the period within which the census was required to be given under section 11D ; and\nthe CEO has not given the responsible person for the mine a notice mentioned in section 11E (2) relating to the census.\nThe CEO must give the responsible person for the mine an invoice for the amount of the safety and health fee for the reporting period for the mine within 40 days after receiving the census.\nThe CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.\ns 11C sub 2019 SL No. 221 s 22\namd 2020 SL No. 69 ss 18 , 24 sch 1 ; 2021 SL No. 75 s 16\n(sec.11C-ssec.1) The responsible person for a mine must pay a fee (a safety and health fee ) for each reporting period to cover the cost of activities carried out for the purposes of safety and health for operations.\n(sec.11C-ssec.2) The amount of the safety and health fee for a reporting period for a mine is stated in schedule 6 , part 2 .\n(sec.11C-ssec.3) The amount of the safety and health fee for a reporting period for a mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the mine under section 11D for the reporting period.\n(sec.11C-ssec.4) Subsection (5) applies if the responsible person for the mine gives the CEO a safety and health census under section 11D for a reporting period for the mine.\n(sec.11C-ssec.5) The CEO must give the responsible person for the mine an invoice for the amount of the safety and health fee for the reporting period for the mine— if the reporting period is a financial year—before 30 August of the year; or if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.\n(sec.11C-ssec.6) The invoice must state a day for payment that is at least 30 days after the day the CEO gives the responsible person for the mine the invoice.\n(sec.11C-ssec.7) The responsible person for the mine must pay the safety and health fee for the reporting period on or before the day for payment stated in the invoice. Maximum penalty—100 penalty units.\n(sec.11C-ssec.8) Subsection (5) does not apply if the CEO reasonably believes, based on information available to the CEO, that— a safety and health census received is incomplete or contains information that is incorrect; or See section 11E . no safety and health fee for the reporting period for the mine is payable under schedule 6 , part 2 .\n(sec.11C-ssec.9) Subsection (10) applies if— the responsible person for a mine gives the CEO a safety and health census for a reporting period for the mine after the end of the period within which the census was required to be given under section 11D ; and the CEO has not given the responsible person for the mine a notice mentioned in section 11E (2) relating to the census.\n(sec.11C-ssec.10) The CEO must give the responsible person for the mine an invoice for the amount of the safety and health fee for the reporting period for the mine within 40 days after receiving the census.\n(sec.11C-ssec.11) The CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.\n- (a) if the reporting period is a financial year—before 30 August of the year; or\n- (b) if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or\n- (c) if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or\n- (d) if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or\n- (e) if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.\n- (a) a safety and health census received is incomplete or contains information that is incorrect; or Note— See section 11E .\n- (b) no safety and health fee for the reporting period for the mine is payable under schedule 6 , part 2 .\n- (a) the responsible person for a mine gives the CEO a safety and health census for a reporting period for the mine after the end of the period within which the census was required to be given under section 11D ; and\n- (b) the CEO has not given the responsible person for the mine a notice mentioned in section 11E (2) relating to the census.","sortOrder":16},{"sectionNumber":"sec.11D","sectionType":"section","heading":"Safety and health census to be given at the end of each reporting period","content":"### sec.11D Safety and health census to be given at the end of each reporting period\n\nThe responsible person for a mine must give the CEO, within 20 days after the end of each reporting period, a notice (a safety and health census ) stating the number of workers working at the mine during the reporting period.\nMaximum penalty—100 penalty units.\nDespite subsection (1) , the responsible person may give the safety and health census after the 20-day period mentioned in the subsection ends if, before the period ends—\nthe responsible person applies to the CEO in writing to extend the period to give the safety and health census; and\nthe CEO gives the responsible person a notice stating that the responsible person may give the safety and health census before the end of a day stated in the notice for that purpose.\nIf the responsible person is given notice under subsection (2) (b) , the responsible person must give the CEO the safety and health census before the end of the day stated in the notice for giving the census.\nMaximum penalty—100 penalty units.\nThe safety and health census must be in the approved form.\ns 11D amd 2019 SL No. 221 s 23 ; 2020 SL No. 69 s 24 sch 1\n(sec.11D-ssec.1) The responsible person for a mine must give the CEO, within 20 days after the end of each reporting period, a notice (a safety and health census ) stating the number of workers working at the mine during the reporting period. Maximum penalty—100 penalty units.\n(sec.11D-ssec.2) Despite subsection (1) , the responsible person may give the safety and health census after the 20-day period mentioned in the subsection ends if, before the period ends— the responsible person applies to the CEO in writing to extend the period to give the safety and health census; and the CEO gives the responsible person a notice stating that the responsible person may give the safety and health census before the end of a day stated in the notice for that purpose.\n(sec.11D-ssec.3) If the responsible person is given notice under subsection (2) (b) , the responsible person must give the CEO the safety and health census before the end of the day stated in the notice for giving the census. Maximum penalty—100 penalty units.\n(sec.11D-ssec.4) The safety and health census must be in the approved form.\n- (a) the responsible person applies to the CEO in writing to extend the period to give the safety and health census; and\n- (b) the CEO gives the responsible person a notice stating that the responsible person may give the safety and health census before the end of a day stated in the notice for that purpose.","sortOrder":17},{"sectionNumber":"sec.11DA","sectionType":"section","heading":"Reporting period for mine with 5 or fewer workers","content":"### sec.11DA Reporting period for mine with 5 or fewer workers\n\nThis section applies if the number of workers working at a mine is 5 or fewer.\nSubject to subsection (6) , the responsible person for the mine may choose to give a safety and health census for the mine for a financial year, rather than for each quarter of a financial year.\nThe responsible person for the mine may choose to give a safety and health census for a financial year regardless of whether the person has already given a safety and health census for the mine for an earlier quarter of the financial year.\nSubsection (5) applies if the responsible person for the mine—\nchooses to give a safety and health census for the mine for a financial year; and\nhas already paid a safety and health fee for the mine for an earlier quarter of the financial year.\nThe CEO must credit the amount of the fee already paid to the amount of the safety and health fee payable for the mine using the safety and health census for the financial year.\nThe CEO may, by written notice to the responsible person for the mine, require the person to give a safety and health census for the mine for each quarter of the current financial year and subsequent financial years.\nThe CEO may cancel the requirement under subsection (6) by subsequent written notice given to the responsible person for the mine.\ns 11DA ins 2019 SL No. 221 s 24\namd 2020 SL No. 69 s 24 sch 1\n(sec.11DA-ssec.1) This section applies if the number of workers working at a mine is 5 or fewer.\n(sec.11DA-ssec.2) Subject to subsection (6) , the responsible person for the mine may choose to give a safety and health census for the mine for a financial year, rather than for each quarter of a financial year.\n(sec.11DA-ssec.3) The responsible person for the mine may choose to give a safety and health census for a financial year regardless of whether the person has already given a safety and health census for the mine for an earlier quarter of the financial year.\n(sec.11DA-ssec.4) Subsection (5) applies if the responsible person for the mine— chooses to give a safety and health census for the mine for a financial year; and has already paid a safety and health fee for the mine for an earlier quarter of the financial year.\n(sec.11DA-ssec.5) The CEO must credit the amount of the fee already paid to the amount of the safety and health fee payable for the mine using the safety and health census for the financial year.\n(sec.11DA-ssec.6) The CEO may, by written notice to the responsible person for the mine, require the person to give a safety and health census for the mine for each quarter of the current financial year and subsequent financial years.\n(sec.11DA-ssec.7) The CEO may cancel the requirement under subsection (6) by subsequent written notice given to the responsible person for the mine.\n- (a) chooses to give a safety and health census for the mine for a financial year; and\n- (b) has already paid a safety and health fee for the mine for an earlier quarter of the financial year.","sortOrder":18},{"sectionNumber":"sec.11DB","sectionType":"section","heading":"Effect of notice or increase in worker numbers","content":"### sec.11DB Effect of notice or increase in worker numbers\n\nThis section applies if—\nthe responsible person for a mine has chosen to give a safety and health census for the mine for a financial year under section 11DA (2) ; and\nduring the financial year—\nthe CEO gives the responsible person a notice under section 11DA (6) requiring a safety and health census for the mine for each quarter of the financial year; or\nthe number of workers working at the mine increases to more than 5.\nDespite section 11A , definition reporting period , the reporting period for the mine is each quarter of the financial year.\nThe responsible person must give the CEO a safety and health census for the mine for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day.\nSection 11D applies in relation to a safety and health census mentioned in subsection (3) —\nas if the reference in section 11D (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and\nwith any other necessary changes.\nSection 11F applies in relation to a safety and health census mentioned in subsection (3) —\nas if the reference in section 11F (1) (b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and\nwith any other necessary changes.\nSubsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 11DA (7) .\nIf subsection (1) (b) (ii) applies, the responsible person for the mine may not choose under section 11DA (2) to give a safety and health census for the mine for the financial year, even if the number of workers decreases to 5 or fewer.\nIn this section—\nrequired day means—\nif the CEO has stated a day by which a safety and health census must be given in a notice under section 11DA (6) —the day stated in the notice; or\notherwise—the day that is 20 days after the end of the current quarter.\ns 11DB ins 2019 SL No. 221 s 24\namd 2020 SL No. 69 s 24 sch 1\n(sec.11DB-ssec.1) This section applies if— the responsible person for a mine has chosen to give a safety and health census for the mine for a financial year under section 11DA (2) ; and during the financial year— the CEO gives the responsible person a notice under section 11DA (6) requiring a safety and health census for the mine for each quarter of the financial year; or the number of workers working at the mine increases to more than 5.\n(sec.11DB-ssec.2) Despite section 11A , definition reporting period , the reporting period for the mine is each quarter of the financial year.\n(sec.11DB-ssec.3) The responsible person must give the CEO a safety and health census for the mine for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day.\n(sec.11DB-ssec.4) Section 11D applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 11D (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and with any other necessary changes.\n(sec.11DB-ssec.5) Section 11F applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 11F (1) (b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and with any other necessary changes.\n(sec.11DB-ssec.6) Subsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 11DA (7) .\n(sec.11DB-ssec.7) If subsection (1) (b) (ii) applies, the responsible person for the mine may not choose under section 11DA (2) to give a safety and health census for the mine for the financial year, even if the number of workers decreases to 5 or fewer.\n(sec.11DB-ssec.8) In this section— required day means— if the CEO has stated a day by which a safety and health census must be given in a notice under section 11DA (6) —the day stated in the notice; or otherwise—the day that is 20 days after the end of the current quarter.\n- (a) the responsible person for a mine has chosen to give a safety and health census for the mine for a financial year under section 11DA (2) ; and\n- (b) during the financial year— (i) the CEO gives the responsible person a notice under section 11DA (6) requiring a safety and health census for the mine for each quarter of the financial year; or (ii) the number of workers working at the mine increases to more than 5.\n- (i) the CEO gives the responsible person a notice under section 11DA (6) requiring a safety and health census for the mine for each quarter of the financial year; or\n- (ii) the number of workers working at the mine increases to more than 5.\n- (i) the CEO gives the responsible person a notice under section 11DA (6) requiring a safety and health census for the mine for each quarter of the financial year; or\n- (ii) the number of workers working at the mine increases to more than 5.\n- (a) as if the reference in section 11D (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and\n- (b) with any other necessary changes.\n- (a) as if the reference in section 11F (1) (b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and\n- (b) with any other necessary changes.\n- (a) if the CEO has stated a day by which a safety and health census must be given in a notice under section 11DA (6) —the day stated in the notice; or\n- (b) otherwise—the day that is 20 days after the end of the current quarter.","sortOrder":19},{"sectionNumber":"sec.11DC","sectionType":"section","heading":"Records of information included in safety and health census","content":"### sec.11DC Records of information included in safety and health census\n\nThis section applies to a responsible person for a mine who is required to give the CEO a safety and health census.\nThe responsible person must keep records enabling the accuracy of the information required to be included in the safety and health census to be verified.\nMaximum penalty—100 penalty units.\nWithout limiting subsection (2) , the responsible person must keep records enabling the accuracy of the following information required to be included in the safety and health census to be verified—\nthe number of workers working at the mine;\nthe number of full-time workers, and non full-time workers, working at the mine;\nthe number of hours worked by workers working at the mine.\nThe responsible person must keep the records in a way that—\nenables the responsible person to give the CEO the records within 14 days after the CEO asks for the records; and\nenables the CEO to easily verify the accuracy of the information included in the safety and health census.\nMaximum penalty—100 penalty units.\nIf the CEO asks the responsible person to give the CEO the records, the responsible person must give the CEO the records—\nwithin 14 days after the CEO asks for the records; or\nif the CEO agrees in writing with the responsible person to another period—within the other period.\nMaximum penalty—100 penalty units.\nThe responsible person must keep the records for 7 years after the day the responsible person is required to give the CEO the safety and health census.\nMaximum penalty—100 penalty units.\ns 11DC ins 2020 SL No. 69 s 19\n(sec.11DC-ssec.1) This section applies to a responsible person for a mine who is required to give the CEO a safety and health census.\n(sec.11DC-ssec.2) The responsible person must keep records enabling the accuracy of the information required to be included in the safety and health census to be verified. Maximum penalty—100 penalty units.\n(sec.11DC-ssec.3) Without limiting subsection (2) , the responsible person must keep records enabling the accuracy of the following information required to be included in the safety and health census to be verified— the number of workers working at the mine; the number of full-time workers, and non full-time workers, working at the mine; the number of hours worked by workers working at the mine.\n(sec.11DC-ssec.4) The responsible person must keep the records in a way that— enables the responsible person to give the CEO the records within 14 days after the CEO asks for the records; and enables the CEO to easily verify the accuracy of the information included in the safety and health census. Maximum penalty—100 penalty units.\n(sec.11DC-ssec.5) If the CEO asks the responsible person to give the CEO the records, the responsible person must give the CEO the records— within 14 days after the CEO asks for the records; or if the CEO agrees in writing with the responsible person to another period—within the other period. Maximum penalty—100 penalty units.\n(sec.11DC-ssec.6) The responsible person must keep the records for 7 years after the day the responsible person is required to give the CEO the safety and health census. Maximum penalty—100 penalty units.\n- (a) the number of workers working at the mine;\n- (b) the number of full-time workers, and non full-time workers, working at the mine;\n- (c) the number of hours worked by workers working at the mine.\n- (a) enables the responsible person to give the CEO the records within 14 days after the CEO asks for the records; and\n- (b) enables the CEO to easily verify the accuracy of the information included in the safety and health census.\n- (a) within 14 days after the CEO asks for the records; or\n- (b) if the CEO agrees in writing with the responsible person to another period—within the other period.","sortOrder":20},{"sectionNumber":"sec.11E","sectionType":"section","heading":"Notice may be given if safety and health census not given or is inadequate","content":"### sec.11E Notice may be given if safety and health census not given or is inadequate\n\nThis section applies if the CEO reasonably believes, based on information available to the CEO, the responsible person for a mine—\nhas not given a safety and health census under section 11D ; or\nhas given an incomplete safety and health census; or\nhas given a safety and health census containing information that is incorrect.\nThe CEO may give the responsible person a notice—\nstating the following information—\nthe ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person;\nif the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect;\nthe amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the mine;\nthe facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and\ninviting the responsible person to give the CEO, within the reasonable period stated in the notice, a written submission about why the responsible person for the mine should not be invoiced for the amount mentioned in paragraph (a) (iii) .\nThe CEO must consider any submissions given by the responsible person within the period stated in the notice.\nIf, after complying with subsection (3) , the CEO is satisfied an amount of a safety and health fee is payable by the responsible person, the CEO may give the responsible person an invoice for the fee.\nSubsection (4) applies even if the responsible person has already been given an invoice for, or paid, a different amount for the fee.\nThe responsible person must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice.\ns 11E amd 2020 SL No. 69 s 24 sch 1\n(sec.11E-ssec.1) This section applies if the CEO reasonably believes, based on information available to the CEO, the responsible person for a mine— has not given a safety and health census under section 11D ; or has given an incomplete safety and health census; or has given a safety and health census containing information that is incorrect.\n(sec.11E-ssec.2) The CEO may give the responsible person a notice— stating the following information— the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person; if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect; the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the mine; the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and inviting the responsible person to give the CEO, within the reasonable period stated in the notice, a written submission about why the responsible person for the mine should not be invoiced for the amount mentioned in paragraph (a) (iii) .\n(sec.11E-ssec.3) The CEO must consider any submissions given by the responsible person within the period stated in the notice.\n(sec.11E-ssec.4) If, after complying with subsection (3) , the CEO is satisfied an amount of a safety and health fee is payable by the responsible person, the CEO may give the responsible person an invoice for the fee.\n(sec.11E-ssec.5) Subsection (4) applies even if the responsible person has already been given an invoice for, or paid, a different amount for the fee.\n(sec.11E-ssec.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.\n- (a) has not given a safety and health census under section 11D ; or\n- (b) has given an incomplete safety and health census; or\n- (c) has given a safety and health census containing information that is incorrect.\n- (a) stating the following information— (i) the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person; (ii) if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect; (iii) the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the mine; (iv) the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and\n- (i) the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person;\n- (ii) if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect;\n- (iii) the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the mine;\n- (iv) the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and\n- (b) inviting the responsible person to give the CEO, within the reasonable period stated in the notice, a written submission about why the responsible person for the mine should not be invoiced for the amount mentioned in paragraph (a) (iii) .\n- (i) the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person;\n- (ii) if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect;\n- (iii) the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the mine;\n- (iv) the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and","sortOrder":21},{"sectionNumber":"sec.11F","sectionType":"section","heading":"Fee for late safety and health census","content":"### sec.11F Fee for late safety and health census\n\nThis section applies if the responsible person for a mine does not give a safety and health census for a reporting period before either of the following days—\nif the CEO has given the responsible person a notice mentioned in section 11D (2) (b) —the day after the day stated in the notice for giving the safety and health census;\notherwise—the day that is 21 days after the end of the reporting period.\nThe obligation under section 11D to give a safety and health census continues to apply until that section is complied with.\nA late fee applies and is payable as well as any penalty imposed under section 11D (1) or (3) .\nThe amount of the late fee is stated in schedule 6 , part 2 .\ns 11F amd 2019 SL No. 221 s 25 ; 2020 SL No. 69 s 24 sch 1\n(sec.11F-ssec.1) This section applies if the responsible person for a mine does not give a safety and health census for a reporting period before either of the following days— if the CEO has given the responsible person a notice mentioned in section 11D (2) (b) —the day after the day stated in the notice for giving the safety and health census; otherwise—the day that is 21 days after the end of the reporting period.\n(sec.11F-ssec.2) The obligation under section 11D to give a safety and health census continues to apply until that section is complied with.\n(sec.11F-ssec.3) A late fee applies and is payable as well as any penalty imposed under section 11D (1) or (3) .\n(sec.11F-ssec.4) The amount of the late fee is stated in schedule 6 , part 2 .\n- (a) if the CEO has given the responsible person a notice mentioned in section 11D (2) (b) —the day after the day stated in the notice for giving the safety and health census;\n- (b) otherwise—the day that is 21 days after the end of the reporting period.","sortOrder":22},{"sectionNumber":"sec.11G","sectionType":"section","heading":"Interest payable on unpaid fees","content":"### sec.11G Interest payable on unpaid fees\n\nThis 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 .\nThe responsible person must pay interest on the unpaid amount at the rate of 15% a year.\nThe interest must be calculated as simple interest.\nThe interest payable on the unpaid amount may be recovered by the CEO as a debt.\ns 11G amd 2020 SL No. 69 s 24 sch 1\n(sec.11G-ssec.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 .\n(sec.11G-ssec.2) The responsible person must pay interest on the unpaid amount at the rate of 15% a year.\n(sec.11G-ssec.3) The interest must be calculated as simple interest.\n(sec.11G-ssec.4) The interest payable on the unpaid amount may be recovered by the CEO as a debt.","sortOrder":23},{"sectionNumber":"sec.11H","sectionType":"section","heading":"Refund of overpayment of safety and health fee","content":"### sec.11H Refund of overpayment of safety and health fee\n\nIf a safety and health fee is overpaid by the responsible person for a mine, the CEO must refund the amount of the overpayment to the responsible person.\nNo interest is payable on the amount refunded.\ns 11H amd 2020 SL No. 69 s 24 sch 1\n(sec.11H-ssec.1) If a safety and health fee is overpaid by the responsible person for a mine, the CEO must refund the amount of the overpayment to the responsible person.\n(sec.11H-ssec.2) No interest is payable on the amount refunded.","sortOrder":24},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Accidents, incidents, diseases and injuries","content":"# Accidents, incidents, diseases and injuries","sortOrder":25},{"sectionNumber":"sec.12","sectionType":"section","heading":"First aid and medical treatment","content":"### sec.12 First aid and medical treatment\n\nThe site senior executive for a mine must ensure a person who is injured, or whose health is affected, at the mine is given appropriate first aid or medical treatment.\ns 12 amd 2019 SL No. 140 s 21 sch 1","sortOrder":26},{"sectionNumber":"sec.12A","sectionType":"section","heading":null,"content":"### Section sec.12A\n\ns 12A om 2024 SL No. 167 s 52","sortOrder":27},{"sectionNumber":"sec.12B","sectionType":"section","heading":"Diseases that must be reported— Act , s 195AA","content":"### sec.12B Diseases that must be reported— Act , s 195AA\n\nFor section 195AA (5) of the Act , definition reportable disease , a disease mentioned in schedule 1 is prescribed.\ns 12B amd 2024 SL No. 167 s 53","sortOrder":28},{"sectionNumber":"sec.12C","sectionType":"section","heading":null,"content":"### Section sec.12C\n\ns 12C ins 2023 SL No. 71 s 6\nom 2024 SL No. 167 s 54","sortOrder":29},{"sectionNumber":"sec.13","sectionType":"section","heading":"Types of serious accidents and high potential incidents— Act , s 197","content":"### sec.13 Types of serious accidents and high potential incidents— Act , s 197\n\nFor section 197 (1) of the Act , a type of serious accident or high potential incident mentioned in schedule 2 is prescribed.\ns 13 amd 2024 SL No. 167 s 55","sortOrder":30},{"sectionNumber":"sec.14","sectionType":"section","heading":"Reporting accidents and high potential incidents","content":"### sec.14 Reporting accidents and high potential incidents\n\nA mine’s safety and health management system must include procedures for workers reporting accidents and high potential incidents to the site senior executive for the mine.\ns 14 amd 2019 SL No. 140 s 21 sch 1","sortOrder":31},{"sectionNumber":"sec.15","sectionType":"section","heading":"Site senior executive’s investigation of incidents","content":"### sec.15 Site senior executive’s investigation of incidents\n\nIn investigating the cause of an incident at a mine, the site senior executive for the mine must use techniques that—\nare appropriate for—\nthe nature of the incident; and\nthe nature and level of the hazards involved; and\nare integrated with the risk management process; and\ninvolve appropriate participation by persons involved in the incident.\nA mine’s safety and health management system must provide for documenting the techniques that must be used for investigating incidents.\ns 15 amd 2019 SL No. 140 s 21 sch 1\n(sec.15-ssec.1) In investigating the cause of an incident at a mine, the site senior executive for the mine must use techniques that— are appropriate for— the nature of the incident; and the nature and level of the hazards involved; and are integrated with the risk management process; and involve appropriate participation by persons involved in the incident.\n(sec.15-ssec.2) A mine’s safety and health management system must provide for documenting the techniques that must be used for investigating incidents.\n- (a) are appropriate for— (i) the nature of the incident; and (ii) the nature and level of the hazards involved; and\n- (i) the nature of the incident; and\n- (ii) the nature and level of the hazards involved; and\n- (b) are integrated with the risk management process; and\n- (c) involve appropriate participation by persons involved in the incident.\n- (i) the nature of the incident; and\n- (ii) the nature and level of the hazards involved; and","sortOrder":32},{"sectionNumber":"sec.16","sectionType":"section","heading":"Giving inspector details of accidents and high potential incidents","content":"### sec.16 Giving inspector details of accidents and high potential incidents\n\nThis section applies if an accident or high potential incident happens at a mine.\nIf requested by an inspector, the site senior executive for the mine must give the inspector a plan, of the type and at the scale required by the inspector, or photographs, showing relevant details about the accident or incident.\ns 16 amd 2019 SL No. 140 s 21 sch 1\n(sec.16-ssec.1) This section applies if an accident or high potential incident happens at a mine.\n(sec.16-ssec.2) If requested by an inspector, the site senior executive for the mine must give the inspector a plan, of the type and at the scale required by the inspector, or photographs, showing relevant details about the accident or incident.","sortOrder":33},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Electrical","content":"# Electrical","sortOrder":34},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Controlling electrical work","content":"## Controlling electrical work","sortOrder":35},{"sectionNumber":"sec.17","sectionType":"section","heading":"Appointment of persons to control electrical work","content":"### sec.17 Appointment of persons to control electrical work\n\nIf electrical work is, or is proposed to be, undertaken in operations at a mine, the site senior executive for the mine must appoint, in writing, 1 or more persons to control the electrical work.\ns 17 amd 2019 SL No. 140 s 21 sch 1","sortOrder":36},{"sectionNumber":"sec.18","sectionType":"section","heading":"Acknowledgement of appointment","content":"### sec.18 Acknowledgement of appointment\n\nA person appointed to control electrical work at a mine must acknowledge the appointment by notice given to the site senior executive for the mine.\nFor section 59 (1) (e) of the Act , the notice is prescribed as a matter that must be included in the mine record.\ns 18 amd 2019 SL No. 140 s 21 sch 1\n(sec.18-ssec.1) A person appointed to control electrical work at a mine must acknowledge the appointment by notice given to the site senior executive for the mine.\n(sec.18-ssec.2) For section 59 (1) (e) of the Act , the notice is prescribed as a matter that must be included in the mine record.","sortOrder":37},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Notice of introduction or disconnection of electricity","content":"## Notice of introduction or disconnection of electricity","sortOrder":38},{"sectionNumber":"sec.19","sectionType":"section","heading":"Duty to give notice of proposed introduction or disconnection of electricity","content":"### sec.19 Duty to give notice of proposed introduction or disconnection of electricity\n\nBefore an electricity supply exceeding 75kW capacity is introduced to, or permanently disconnected from, a mine, the site senior executive for the mine must notify an inspector of the proposed introduction or disconnection.\ns 19 amd 2019 SL No. 140 s 21 sch 1","sortOrder":39},{"sectionNumber":"ch.2-pt.4-div.3","sectionType":"division","heading":"Operating electrical equipment","content":"## Operating electrical equipment","sortOrder":40},{"sectionNumber":"sec.20","sectionType":"section","heading":"Electrical plans and data","content":"### sec.20 Electrical plans and data\n\nThe site senior executive for a mine must ensure the following are kept at the mine for the safe operation of each electrical installation at the mine—\nup-to-date plans identifying and showing the location of electrical installations at the mine, including buried electrical services;\nelectrical safety data including equipment ratings and protection settings for circuit protection devices.\nIn this section—\nprotection 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.\ns 20 amd 2019 SL No. 140 s 21 sch 1\n(sec.20-ssec.1) The site senior executive for a mine must ensure the following are kept at the mine for the safe operation of each electrical installation at the mine— up-to-date plans identifying and showing the location of electrical installations at the mine, including buried electrical services; electrical safety data including equipment ratings and protection settings for circuit protection devices.\n(sec.20-ssec.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.\n- (a) up-to-date plans identifying and showing the location of electrical installations at the mine, including buried electrical services;\n- (b) electrical safety data including equipment ratings and protection settings for circuit protection devices.","sortOrder":41},{"sectionNumber":"sec.21","sectionType":"section","heading":"Working on electrical equipment that has explosion-protection","content":"### sec.21 Working on electrical equipment that has explosion-protection\n\nA person must not carry out work on electrical equipment that has explosion-protection, unless the person has the competencies to carry out the work.\nIn this section—\nexplosion-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.\n(sec.21-ssec.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.\n(sec.21-ssec.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.","sortOrder":42},{"sectionNumber":"ch.2-pt.4-div.4","sectionType":"division","heading":"Control and protection for electrical equipment","content":"## Control and protection for electrical equipment","sortOrder":43},{"sectionNumber":"sec.22","sectionType":"section","heading":"General","content":"### sec.22 General\n\nThe operator or site senior executive must ensure—\nswitchgear used at the mine allows for reliable circuit interruption, under fault conditions, at all points in the mine’s electrical distribution system; and\neach electrical circuit at the mine is protected against overload, short circuit and earth fault under all operating conditions to effectively—\ninterrupt the electricity supply; and\nisolate faults.\n- (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\n- (b) each electrical circuit at the mine is protected against overload, short circuit and earth fault under all operating conditions to effectively— (i) interrupt the electricity supply; and (ii) isolate faults.\n- (i) interrupt the electricity supply; and\n- (ii) isolate faults.\n- (i) interrupt the electricity supply; and\n- (ii) isolate faults.","sortOrder":44},{"sectionNumber":"sec.23","sectionType":"section","heading":"Interrupting electricity supply to particular plant","content":"### sec.23 Interrupting electricity supply to particular plant\n\nThe 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—\na stacker, reclaimer, dredge, floating treatment plant and underground electrical installation;\nother 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.\n- (a) a stacker, reclaimer, dredge, floating treatment plant and underground electrical installation;\n- (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.","sortOrder":45},{"sectionNumber":"sec.24","sectionType":"section","heading":"Automatic control","content":"### sec.24 Automatic control\n\nThe operator or site senior executive must ensure—\neach automatic, programmable or computerised electrical control system at the mine operates safely under all operating conditions, including power supply instability or failure; and\nthe 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) .\n- (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\n- (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) .","sortOrder":46},{"sectionNumber":"sec.25","sectionType":"section","heading":"Earthing","content":"### sec.25 Earthing\n\nThe 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—\nreliable operation of electrical protective systems and devices; and\nadequate protection against contact with conductive parts that have become live under fault conditions.\n- (a) reliable operation of electrical protective systems and devices; and\n- (b) adequate protection against contact with conductive parts that have become live under fault conditions.","sortOrder":47},{"sectionNumber":"sec.26","sectionType":"section","heading":"Earth leakage protection","content":"### sec.26 Earth leakage protection\n\nThe operator or site senior executive must ensure the mine has earth leakage protection for each electrical circuit exceeding extra low voltage that—\nis in an underground mine; or\nis in a portable, transportable or mobile apparatus; or\nhas an outlet for, or supplies electricity to, a trailing cable or flexible lead.\nSubsection (1) does not apply to the following circuits—\nan electrical circuit—\nisolated from earth; or\nthat uses the earth to carry all or part of the normal current of a circuit; or\nfor which continuity of supply is necessary to maintain safety;\na control or lighting circuit of less than 120V a.c.\n(sec.26-ssec.1) The operator or site senior executive must ensure the mine has earth leakage protection for each electrical circuit exceeding extra low voltage that— is in an underground mine; or is in a portable, transportable or mobile apparatus; or has an outlet for, or supplies electricity to, a trailing cable or flexible lead.\n(sec.26-ssec.2) Subsection (1) does not apply to the following circuits— an electrical circuit— isolated from earth; or that uses the earth to carry all or part of the normal current of a circuit; or for which continuity of supply is necessary to maintain safety; a control or lighting circuit of less than 120V a.c.\n- (a) is in an underground mine; or\n- (b) is in a portable, transportable or mobile apparatus; or\n- (c) has an outlet for, or supplies electricity to, a trailing cable or flexible lead.\n- (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;\n- (i) isolated from earth; or\n- (ii) that uses the earth to carry all or part of the normal current of a circuit; or\n- (iii) for which continuity of supply is necessary to maintain safety;\n- (b) a control or lighting circuit of less than 120V a.c.\n- (i) isolated from earth; or\n- (ii) that uses the earth to carry all or part of the normal current of a circuit; or\n- (iii) for which continuity of supply is necessary to maintain safety;","sortOrder":48},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Basic safety principle","content":"### sec.26A Basic safety principle\n\nA 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—\nisolated and proved to be de-energised; and\nif the equipment is a high voltage conductor—earthed.\ns 26A amd 2026 SL No. 27 s 7\n- (a) isolated and proved to be de-energised; and\n- (b) if the equipment is a high voltage conductor—earthed.","sortOrder":49},{"sectionNumber":"sec.27","sectionType":"section","heading":"Isolation facilities","content":"### sec.27 Isolation facilities\n\nThe 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.\nThe operator or site senior executive must also ensure the isolator is—\nclearly marked or labelled as the isolator for the plant; and\ncompatible with the mine’s isolation and lock-out procedures.\n(sec.27-ssec.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.\n(sec.27-ssec.2) The operator or site senior executive must also ensure the isolator is— clearly marked or labelled as the isolator for the plant; and compatible with the mine’s isolation and lock-out procedures.\n- (a) clearly marked or labelled as the isolator for the plant; and\n- (b) compatible with the mine’s isolation and lock-out procedures.","sortOrder":50},{"sectionNumber":"sec.28","sectionType":"section","heading":"Protection for transportable and mobile equipment","content":"### sec.28 Protection for transportable and mobile equipment\n\nThis 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—\nno joining plugs or sockets; and\nearth leakage protection with a rated tripping current of not more than 30mA; and\nindividually screened power conductors.\nThe site senior executive for the mine must ensure the equipment has earth continuity protection to—\nisolate the electricity supply to the equipment immediately after the earthing circuit is broken or the cable is disconnected or decoupled; and\nprevent a person inadvertently contacting live parts of the equipment.\ns 28 amd 2019 SL No. 140 s 21 sch 1\n(sec.28-ssec.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— no joining plugs or sockets; and earth leakage protection with a rated tripping current of not more than 30mA; and individually screened power conductors.\n(sec.28-ssec.2) The site senior executive for the mine must ensure the equipment has earth continuity protection to— isolate the electricity supply to the equipment immediately after the earthing circuit is broken or the cable is disconnected or decoupled; and prevent a person inadvertently contacting live parts of the equipment.\n- (a) no joining plugs or sockets; and\n- (b) earth leakage protection with a rated tripping current of not more than 30mA; and\n- (c) individually screened power conductors.\n- (a) isolate the electricity supply to the equipment immediately after the earthing circuit is broken or the cable is disconnected or decoupled; and\n- (b) prevent a person inadvertently contacting live parts of the equipment.","sortOrder":51},{"sectionNumber":"sec.29","sectionType":"section","heading":"Protection from live parts of electrical equipment","content":"### sec.29 Protection from live parts of electrical equipment\n\nThe operator or site senior executive must ensure electrical equipment exceeding extra low voltage used at the mine has a device or feature for preventing a person inadvertently contacting live parts of the equipment.\nan enclosure, shield, insulation, interlocking device or automatic disconnection device","sortOrder":52},{"sectionNumber":"sec.30","sectionType":"section","heading":"Prospective touch voltage","content":"### sec.30 Prospective touch voltage\n\nThe 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.\nIn this section—\nprospective 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.\n(sec.30-ssec.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.\n(sec.30-ssec.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.","sortOrder":53},{"sectionNumber":"sec.31","sectionType":"section","heading":"Voltage rise","content":"### sec.31 Voltage rise\n\nThe 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.","sortOrder":54},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Emergencies","content":"# Emergencies","sortOrder":55},{"sectionNumber":"sec.32","sectionType":"section","heading":"Risk management for emergencies","content":"### sec.32 Risk management for emergencies\n\nThe site senior executive for a mine must ensure the risk management process mentioned in part 2 , division 2 is carried out for reasonably foreseeable emergencies at the mine to decide the resources, facilities and procedures necessary to—\nprepare the mine for managing and controlling the hazards causing the emergencies; and\ndetect the emergencies; and\nrespond appropriately to the emergencies.\nThe resources, facilities and procedures considered in the risk management process must deal with the following matters—\ncoordinating control of emergencies;\ngiving notice, information and warnings about emergencies;\nthe immediate availability of trained rescue persons or emergency services;\nlocating, and accounting for, persons;\ncontrolling or re-establishing control of the hazard causing the emergency;\nisolating the area of the incident, including, for example, by cutting off the supply of energy to the area;\nemergency egress and evacuation, including refuges;\nfirst aid and persons trained in giving first aid;\nliaising with, and using, local or state emergency services;\nbackup services and facilities for the emergency.\ns 32 amd 2019 SL No. 140 s 21 sch 1\n(sec.32-ssec.1) The site senior executive for a mine must ensure the risk management process mentioned in part 2 , division 2 is carried out for reasonably foreseeable emergencies at the mine to decide the resources, facilities and procedures necessary to— prepare the mine for managing and controlling the hazards causing the emergencies; and detect the emergencies; and respond appropriately to the emergencies.\n(sec.32-ssec.2) The resources, facilities and procedures considered in the risk management process must deal with the following matters— coordinating control of emergencies; giving notice, information and warnings about emergencies; the immediate availability of trained rescue persons or emergency services; locating, and accounting for, persons; controlling or re-establishing control of the hazard causing the emergency; isolating the area of the incident, including, for example, by cutting off the supply of energy to the area; emergency egress and evacuation, including refuges; first aid and persons trained in giving first aid; liaising with, and using, local or state emergency services; backup services and facilities for the emergency.\n- (a) prepare the mine for managing and controlling the hazards causing the emergencies; and\n- (b) detect the emergencies; and\n- (c) respond appropriately to the emergencies.\n- (a) coordinating control of emergencies;\n- (b) giving notice, information and warnings about emergencies;\n- (c) the immediate availability of trained rescue persons or emergency services;\n- (d) locating, and accounting for, persons;\n- (e) controlling or re-establishing control of the hazard causing the emergency;\n- (f) isolating the area of the incident, including, for example, by cutting off the supply of energy to the area;\n- (g) emergency egress and evacuation, including refuges;\n- (h) first aid and persons trained in giving first aid;\n- (i) liaising with, and using, local or state emergency services;\n- (j) backup services and facilities for the emergency.","sortOrder":56},{"sectionNumber":"sec.33","sectionType":"section","heading":"Emergency preparedness—general","content":"### sec.33 Emergency preparedness—general\n\nThe site senior executive for a mine must ensure the mine has the resources and facilities decided as necessary under section 32 for the mine’s preparedness for reasonably foreseeable emergencies.\ns 33 amd 2019 SL No. 140 s 21 sch 1","sortOrder":57},{"sectionNumber":"sec.35","sectionType":"section","heading":"Emergency response plan","content":"### sec.35 Emergency response plan\n\nA 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 .\nThe 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 .\nThe 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.\nSee 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.\n(sec.35-ssec.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 .\n(sec.35-ssec.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 .\n(sec.35-ssec.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. 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.","sortOrder":58},{"sectionNumber":"sec.36","sectionType":"section","heading":"Evacuation","content":"### sec.36 Evacuation\n\nThis section applies to a mine if resources, facilities or procedures for evacuating persons are decided as necessary for the mine under section 32 .\nThe site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations—\na normal way of access;\nsigned escape ways independent of the normal way of access;\nassembly areas;\nequipment and training for self-rescue;\nresources, facilities and procedures for tracing persons involved in an incident at the mine;\na way of knowing the names and approximate location of all persons underground.\nIf an emergency happens at the mine and creates, or is likely to create, an unacceptable level of risk, the site senior executive for the mine must ensure—\npersons who are, or may be, harmed or affected as a result of the emergency are evacuated from the area of unacceptable risk; and\npersons, other than those required to handle the emergency, are prevented from entering the area.\ns 36 amd 2019 SL No. 140 s 21 sch 1\n(sec.36-ssec.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 .\n(sec.36-ssec.2) The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations— a normal way of access; signed escape ways independent of the normal way of access; assembly areas; equipment and training for self-rescue; resources, facilities and procedures for tracing persons involved in an incident at the mine; a way of knowing the names and approximate location of all persons underground.\n(sec.36-ssec.3) If an emergency happens at the mine and creates, or is likely to create, an unacceptable level of risk, the site senior executive for the mine must ensure— persons who are, or may be, harmed or affected as a result of the emergency are evacuated from the area of unacceptable risk; and persons, other than those required to handle the emergency, are prevented from entering the area.\n- (a) a normal way of access;\n- (b) signed escape ways independent of the normal way of access;\n- (c) assembly areas;\n- (d) equipment and training for self-rescue;\n- (e) resources, facilities and procedures for tracing persons involved in an incident at the mine;\n- (f) a way of knowing the names and approximate location of all persons underground.\n- (a) persons who are, or may be, harmed or affected as a result of the emergency are evacuated from the area of unacceptable risk; and\n- (b) persons, other than those required to handle the emergency, are prevented from entering the area.","sortOrder":59},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Escapeways from underground","content":"### sec.36A Escapeways from underground\n\nThe underground mine manager or, if there is no underground mine manager, the site senior executive for a mine, must ensure that, before stoping operations start at the mine, the mine has at least 2 trafficable egresses (the escapeways ), complying with subsection (2) , accessible from all stoping operations to the surface.\nThe escapeways must—\nbe located strategically to manage risk; and\nallow for the passage of rescue persons and rescue equipment, including stretchers; and\nbe separated in a way that an event happening in 1 of the escapeways would not prevent persons escaping through the other escapeway.\nThe underground mine manager or, if there is no underground mine manager, the site senior executive for the mine, must ensure each of the escapeways is—\nmaintained in a safe, accessible and usable condition; and\nadequately marked or signposted, having regard to the potential for reduced visibility in an emergency.\ns 36A amd 2019 SL No. 140 s 21 sch 1\n(sec.36A-ssec.1) The underground mine manager or, if there is no underground mine manager, the site senior executive for a mine, must ensure that, before stoping operations start at the mine, the mine has at least 2 trafficable egresses (the escapeways ), complying with subsection (2) , accessible from all stoping operations to the surface.\n(sec.36A-ssec.2) The escapeways must— be located strategically to manage risk; and allow for the passage of rescue persons and rescue equipment, including stretchers; and be separated in a way that an event happening in 1 of the escapeways would not prevent persons escaping through the other escapeway.\n(sec.36A-ssec.5) The underground mine manager or, if there is no underground mine manager, the site senior executive for the mine, must ensure each of the escapeways is— maintained in a safe, accessible and usable condition; and adequately marked or signposted, having regard to the potential for reduced visibility in an emergency.\n- (a) be located strategically to manage risk; and\n- (b) allow for the passage of rescue persons and rescue equipment, including stretchers; and\n- (c) be separated in a way that an event happening in 1 of the escapeways would not prevent persons escaping through the other escapeway.\n- (a) maintained in a safe, accessible and usable condition; and\n- (b) adequately marked or signposted, having regard to the potential for reduced visibility in an emergency.","sortOrder":60},{"sectionNumber":"sec.37","sectionType":"section","heading":"Refuges","content":"### sec.37 Refuges\n\nThis section applies to a mine if refuges for emergencies are decided as necessary for the mine under section 32 .\nThe site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations—\nfresh air bases;\nself-contained refuge chambers;\nsecure areas where persons can be protected against the hazard causing the incident.\nA person must seek refuge until rescued if—\nan emergency happens at a mine and creates, or is likely to create, an unacceptable level of risk for the person; and\nthe person can not be evacuated promptly from the area of unacceptable risk.\ns 37 amd 2019 SL No. 140 s 21 sch 1\n(sec.37-ssec.1) This section applies to a mine if refuges for emergencies are decided as necessary for the mine under section 32 .\n(sec.37-ssec.2) The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations— fresh air bases; self-contained refuge chambers; secure areas where persons can be protected against the hazard causing the incident.\n(sec.37-ssec.3) A person must seek refuge until rescued if— an emergency happens at a mine and creates, or is likely to create, an unacceptable level of risk for the person; and the person can not be evacuated promptly from the area of unacceptable risk.\n- (a) fresh air bases;\n- (b) self-contained refuge chambers;\n- (c) secure areas where persons can be protected against the hazard causing the incident.\n- (a) an emergency happens at a mine and creates, or is likely to create, an unacceptable level of risk for the person; and\n- (b) the person can not be evacuated promptly from the area of unacceptable risk.","sortOrder":61},{"sectionNumber":"sec.38","sectionType":"section","heading":"Rescue","content":"### sec.38 Rescue\n\nThis section applies to a mine if facilities or procedures for rescuing persons in emergencies are decided as necessary for the mine under section 32 .\nThe site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations—\nfacilities or procedures for—\npersons, and using equipment, on-site; and\nliaising with, and using, local or state emergency services;\nif the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services—\nthe availability of suitably trained site-based persons and suitable rescue equipment; and\nfacilities and procedures for liaising with, and using, persons and equipment from other operations and agencies for carrying out a rescue.\nThe site senior executive must ensure reasonable action is taken to rescue persons from an area of unacceptable risk, or a refuge, at the mine.\nIn 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.\ns 38 amd 2019 SL No. 140 s 21 sch 1\n(sec.38-ssec.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 .\n(sec.38-ssec.2) The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations— facilities or procedures for— persons, and using equipment, on-site; and liaising with, and using, local or state emergency services; if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services— the availability of suitably trained site-based persons and suitable rescue equipment; and facilities and procedures for liaising with, and using, persons and equipment from other operations and agencies for carrying out a rescue.\n(sec.38-ssec.3) The site senior executive must ensure reasonable action is taken to rescue persons from an area of unacceptable risk, or a refuge, at the mine.\n(sec.38-ssec.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.\n- (a) facilities or procedures for— (i) persons, and using equipment, on-site; and (ii) liaising with, and using, local or state emergency services;\n- (i) persons, and using equipment, on-site; and\n- (ii) liaising with, and using, local or state emergency services;\n- (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.\n- (i) the availability of suitably trained site-based persons and suitable rescue equipment; and\n- (ii) facilities and procedures for liaising with, and using, persons and equipment from other operations and agencies for carrying out a rescue.\n- (i) persons, and using equipment, on-site; and\n- (ii) liaising with, and using, local or state emergency services;\n- (i) the availability of suitably trained site-based persons and suitable rescue equipment; and\n- (ii) facilities and procedures for liaising with, and using, persons and equipment from other operations and agencies for carrying out a rescue.","sortOrder":62},{"sectionNumber":"sec.39","sectionType":"section","heading":"Resources for first aid and medical treatment","content":"### sec.39 Resources for first aid and medical treatment\n\nThis 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 .\nThe 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—\nadequate supplies of first aid and trauma kits;\nbasic life support training for workers;\nequipment appropriate for controlling the on-site hazards identified by the risk management process;\nfacilities and procedures for liaising with, and using, local and state emergency services;\nif the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services—\nthe availability of suitably trained site-based personnel and suitable first aid and medical equipment; and\nfacilities and procedures for evacuating persons from the site for medical treatment.\ns 39 amd 2019 SL No. 140 s 21 sch 1 amdt 8 (amdt could not be given effect)\n(sec.39-ssec.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 .\n(sec.39-ssec.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— adequate supplies of first aid and trauma kits; basic life support training for workers; equipment appropriate for controlling the on-site hazards identified by the risk management process; facilities and procedures for liaising with, and using, local and state emergency services; if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services— the availability of suitably trained site-based personnel and suitable first aid and medical equipment; and facilities and procedures for evacuating persons from the site for medical treatment.\n- (a) adequate supplies of first aid and trauma kits;\n- (b) basic life support training for workers;\n- (c) equipment appropriate for controlling the on-site hazards identified by the risk management process;\n- (d) facilities and procedures for liaising with, and using, local and state emergency services;\n- (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.\n- (i) the availability of suitably trained site-based personnel and suitable first aid and medical equipment; and\n- (ii) facilities and procedures for evacuating persons from the site for medical treatment.\n- (i) the availability of suitably trained site-based personnel and suitable first aid and medical equipment; and\n- (ii) facilities and procedures for evacuating persons from the site for medical treatment.","sortOrder":63},{"sectionNumber":"sec.40","sectionType":"section","heading":"Maintaining and improving emergency response capability","content":"### sec.40 Maintaining and improving emergency response capability\n\nThe site senior executive for a mine must ensure the mine’s emergency response facilities and equipment are inspected regularly and maintained in a fully operational condition.\nThe site senior executive for a mine must also ensure the mine’s emergency response plan is—\ntested 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\namended, if necessary, to achieve an acceptable level of risk.\ns 40 amd 2019 SL No. 140 s 21 sch 1\n(sec.40-ssec.1) The site senior executive for a mine must ensure the mine’s emergency response facilities and equipment are inspected regularly and maintained in a fully operational condition.\n(sec.40-ssec.2) The site senior executive for a mine must also ensure the mine’s emergency response plan is— 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 amended, if necessary, to achieve an acceptable level of risk.\n- (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\n- (b) amended, if necessary, to achieve an acceptable level of risk.","sortOrder":64},{"sectionNumber":"sec.41","sectionType":"section","heading":"Mine rescue plan","content":"### sec.41 Mine rescue plan\n\nThe site senior executive for a mine must ensure the mine has a current rescue plan showing the mine’s emergency facilities, including relevant services reticulation and communication arrangements.\nFor an underground mine, the plan must also show the following things—\nthe direction and quantity of the ventilating airflow;\nthe location of ventilation controls.\nIn 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.\ns 41 amd 2019 SL No. 140 s 21 sch 1\n(sec.41-ssec.1) The site senior executive for a mine must ensure the mine has a current rescue plan showing the mine’s emergency facilities, including relevant services reticulation and communication arrangements.\n(sec.41-ssec.2) For an underground mine, the plan must also show the following things— the direction and quantity of the ventilating airflow; the location of ventilation controls.\n(sec.41-ssec.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.\n- (a) the direction and quantity of the ventilating airflow;\n- (b) the location of ventilation controls.","sortOrder":65},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Facilities and processes","content":"# Facilities and processes","sortOrder":66},{"sectionNumber":"sec.42","sectionType":"section","heading":"Dredging","content":"### sec.42 Dredging\n\nIf a dredge is used at a mine, the site senior executive for the mine must ensure the mine has a written procedure for the following things—\nways of preventing—\nthe dredge capsizing or sinking; and\npersons falling overboard;\nemergency rescue procedures for an event mentioned in paragraph (a) .\ns 42 amd 2019 SL No. 140 s 21 sch 1\n- (a) ways of preventing— (i) the dredge capsizing or sinking; and (ii) persons falling overboard;\n- (i) the dredge capsizing or sinking; and\n- (ii) persons falling overboard;\n- (b) emergency rescue procedures for an event mentioned in paragraph (a) .\n- (i) the dredge capsizing or sinking; and\n- (ii) persons falling overboard;","sortOrder":67},{"sectionNumber":"sec.43","sectionType":"section","heading":"Excavations","content":"### sec.43 Excavations\n\nIf an excavation exists on a mine site, the site senior executive for the mine must ensure appropriate facilities are provided to minimise the risk to persons from falling into the excavation.\na fence, barricade, bund wall or signage\nIn this section—\nexcavation includes a shaft, stope, pass, winze, mine or quarry face, trench, costean and pit.\ns 43 amd 2019 SL No. 140 s 21 sch 1\n(sec.43-ssec.1) If an excavation exists on a mine site, the site senior executive for the mine must ensure appropriate facilities are provided to minimise the risk to persons from falling into the excavation. a fence, barricade, bund wall or signage\n(sec.43-ssec.2) In this section— excavation includes a shaft, stope, pass, winze, mine or quarry face, trench, costean and pit.","sortOrder":68},{"sectionNumber":"sec.44","sectionType":"section","heading":"Ground control","content":"### sec.44 Ground control\n\nA 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.\nThe person must have regard to the following matters in deciding the appropriate measures—\nlocal geological structure and rock properties and their influence on rock stability;\nthe size and geometry of the mine’s openings;\nthe presence of previously excavated or abandoned underground workings;\nwater inflow, drainage patterns, groundwater regimes and mine dewatering procedures and their influence on rock stability over time;\nthe analysis and interpretation of relevant geotechnical data, including the monitoring of openings and excavations.\nThe measures must include the following things—\nthe minimisation of rock damage, from blasting, at the excavation perimeter;\nthe use of appropriate equipment and procedures for scaling;\nthe proper design, installation and quality control of rock support;\nthe timing of ground support to take account of rock conditions and behaviour.\n(sec.44-ssec.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.\n(sec.44-ssec.2) The person must have regard to the following matters in deciding the appropriate measures— local geological structure and rock properties and their influence on rock stability; the size and geometry of the mine’s openings; the presence of previously excavated or abandoned underground workings; water inflow, drainage patterns, groundwater regimes and mine dewatering procedures and their influence on rock stability over time; the analysis and interpretation of relevant geotechnical data, including the monitoring of openings and excavations.\n(sec.44-ssec.3) The measures must include the following things— the minimisation of rock damage, from blasting, at the excavation perimeter; the use of appropriate equipment and procedures for scaling; the proper design, installation and quality control of rock support; the timing of ground support to take account of rock conditions and behaviour.\n- (a) local geological structure and rock properties and their influence on rock stability;\n- (b) the size and geometry of the mine’s openings;\n- (c) the presence of previously excavated or abandoned underground workings;\n- (d) water inflow, drainage patterns, groundwater regimes and mine dewatering procedures and their influence on rock stability over time;\n- (e) the analysis and interpretation of relevant geotechnical data, including the monitoring of openings and excavations.\n- (a) the minimisation of rock damage, from blasting, at the excavation perimeter;\n- (b) the use of appropriate equipment and procedures for scaling;\n- (c) the proper design, installation and quality control of rock support;\n- (d) the timing of ground support to take account of rock conditions and behaviour.","sortOrder":69},{"sectionNumber":"sec.45","sectionType":"section","heading":"Mine layout, design and construction","content":"### sec.45 Mine layout, design and construction\n\nA 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—\nrelevant geological, geotechnical, meteorological and topographical data;\nother relevant information, including information about the following things—\naccess and travel-ways;\naccommodation;\nextraction processes and facilities;\nfixed emergency facilities;\nground control;\nhazardous chemicals at the mine;\nnoise and dust;\nstockpiles, dumps, tailings dams;\ntreatment processes and facilities;\nunderground and surface water;\nvehicle interaction;\nventilation.\ns 45 amd 2019 SL No. 140 s 21 sch 1\n- (a) relevant geological, geotechnical, meteorological and topographical data;\n- (b) other relevant information, including information about the following things— (i) access and travel-ways; (ii) accommodation; (iii) extraction processes and facilities; (iv) fixed emergency facilities; (v) ground control; (vi) hazardous chemicals at the mine; (vii) noise and dust; (viii) stockpiles, dumps, tailings dams; (ix) treatment processes and facilities; (x) underground and surface water; (xi) vehicle interaction; (xii) ventilation.\n- (i) access and travel-ways;\n- (ii) accommodation;\n- (iii) extraction processes and facilities;\n- (iv) fixed emergency facilities;\n- (v) ground control;\n- (vi) hazardous chemicals at the mine;\n- (vii) noise and dust;\n- (viii) stockpiles, dumps, tailings dams;\n- (ix) treatment processes and facilities;\n- (x) underground and surface water;\n- (xi) vehicle interaction;\n- (xii) ventilation.\n- (i) access and travel-ways;\n- (ii) accommodation;\n- (iii) extraction processes and facilities;\n- (iv) fixed emergency facilities;\n- (v) ground control;\n- (vi) hazardous chemicals at the mine;\n- (vii) noise and dust;\n- (viii) stockpiles, dumps, tailings dams;\n- (ix) treatment processes and facilities;\n- (x) underground and surface water;\n- (xi) vehicle interaction;\n- (xii) ventilation.","sortOrder":70},{"sectionNumber":"sec.46","sectionType":"section","heading":"Mine roads","content":"### sec.46 Mine roads\n\nA 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.\nThe specification must have regard to the particular conditions at the mine, including the following matters—\nthe characteristics of the mine vehicles;\nthe types of materials used for road construction;\nthe mine’s operations.\n(sec.46-ssec.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.\n(sec.46-ssec.2) The specification must have regard to the particular conditions at the mine, including the following matters— the characteristics of the mine vehicles; the types of materials used for road construction; the mine’s operations.\n- (a) the characteristics of the mine vehicles;\n- (b) the types of materials used for road construction;\n- (c) the mine’s operations.","sortOrder":71},{"sectionNumber":"sec.47","sectionType":"section","heading":"Rail haulage","content":"### sec.47 Rail haulage\n\nIf rail mounted locomotive haulage is used at a mine, the site senior executive for the mine must ensure the mine has a written procedure for its safe operation.\ns 47 amd 2019 SL No. 140 s 21 sch 1","sortOrder":72},{"sectionNumber":"sec.48","sectionType":"section","heading":"Ventilation","content":"### sec.48 Ventilation\n\nA 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.","sortOrder":73},{"sectionNumber":"sec.49","sectionType":"section","heading":"Working at heights","content":"### sec.49 Working at heights\n\nThe site senior executive for a mine must ensure that, when a person works at a height of more than 2.4m, appropriate facilities are provided to minimise the risk to persons from falling.\na fence, barricade, scaffold, hand rail, bund wall, safety harness, safety restraint or fall arrest equipment\ns 49 amd 2019 SL No. 140 s 21 sch 1","sortOrder":74},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Hazardous chemicals and dangerous goods","content":"# Hazardous chemicals and dangerous goods","sortOrder":75},{"sectionNumber":"ch.2-pt.7-div.1","sectionType":"division","heading":"Provisions applying to all hazardous chemicals and dangerous goods","content":"## Provisions applying to all hazardous chemicals and dangerous goods","sortOrder":76},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Definitions for division","content":"### sec.49A Definitions for division\n\nIn this division—\nADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, approved by the Transport and Infrastructure Council.\nThe ADG Code is accessible at www.ntc.gov.au.\ndangerous goods see section 51 .\nGHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under schedule 2A .\nThe schedule 2A tables replace some tables in the GHS.\nhazardous chemical see section 50 .\nresearch chemical means a substance or mixture that—\nis manufactured in a laboratory for genuine research; and\nis not for use or supply for a purpose other than analysis or genuine research.\nsafety data sheet means—\nfor a hazardous chemical that is not a research chemical, waste product or sample for analysis, or for dangerous goods—a document that complies with schedule 2B , section 1 ; or\nfor a hazardous chemical that is a research chemical, waste product or sample for analysis—a document that complies with schedule 2B , section 2 .\nTransport and Infrastructure Council means the council of Commonwealth, New Zealand and State Ministers, established on 11 June 1993 and known as the Transport and Infrastructure Council, but constituted so that it consists of only 1 Minister representing each of the Commonwealth and the States.\nThe Transport and Infrastructure Council was previously known as the Australian Transport Council.\ns 49A ins 2019 SL No. 140 s 14\n- (a) is manufactured in a laboratory for genuine research; and\n- (b) is not for use or supply for a purpose other than analysis or genuine research.\n- (a) for a hazardous chemical that is not a research chemical, waste product or sample for analysis, or for dangerous goods—a document that complies with schedule 2B , section 1 ; or\n- (b) for a hazardous chemical that is a research chemical, waste product or sample for analysis—a document that complies with schedule 2B , section 2 .","sortOrder":77},{"sectionNumber":"sec.50","sectionType":"section","heading":"Meaning of hazardous chemical","content":"### sec.50 Meaning of hazardous chemical\n\nA hazardous chemical is a substance, mixture or article that satisfies the criteria for a hazard class in the GHS (including a classification mentioned in schedule 2A ), but does not include a substance, mixture or article that satisfies the criteria solely for 1 of the following hazard classes—\nacute toxicity—oral—category 5;\nacute toxicity—dermal—category 5;\nacute toxicity—inhalation—category 5;\nskin corrosion/irritation—category 3;\nserious eye damage/eye irritation—category 2B;\naspiration hazard—category 2;\nflammable gas—category 2;\nacute hazard to the aquatic environment—category 1, 2 or 3;\nchronic hazard to the aquatic environment—category 1, 2, 3 or 4;\nhazardous to the ozone layer.\nThe schedule 2A tables replace some tables in the GHS.\ns 50 sub 2019 SL No. 140 s 14\n- (a) acute toxicity—oral—category 5;\n- (b) acute toxicity—dermal—category 5;\n- (c) acute toxicity—inhalation—category 5;\n- (d) skin corrosion/irritation—category 3;\n- (e) serious eye damage/eye irritation—category 2B;\n- (f) aspiration hazard—category 2;\n- (g) flammable gas—category 2;\n- (h) acute hazard to the aquatic environment—category 1, 2 or 3;\n- (i) chronic hazard to the aquatic environment—category 1, 2, 3 or 4;\n- (j) hazardous to the ozone layer.","sortOrder":78},{"sectionNumber":"sec.51","sectionType":"section","heading":"Meaning of dangerous goods","content":"### sec.51 Meaning of dangerous goods\n\nDangerous goods means anything defined under the ADG Code as—\ndangerous goods; or\ngoods too dangerous to be transported.\ns 51 sub 2019 SL No. 140 s 14\n- (a) dangerous goods; or\n- (b) goods too dangerous to be transported.","sortOrder":79},{"sectionNumber":"sec.52","sectionType":"section","heading":"Register of hazardous chemicals and dangerous goods","content":"### sec.52 Register of hazardous chemicals and dangerous goods\n\nThe site senior executive for a mine must ensure the following things are recorded in a register at the mine—\na hazardous chemical used, handled, stored or produced at the mine;\ndangerous goods used, handled, stored or produced at the mine;\nthe current safety data sheet for a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .\nThe site senior executive must ensure the register is readily accessible by each worker required to use, handle, store or produce a hazardous chemical, or dangerous goods, at the mine.\ns 52 sub 2019 SL No. 140 s 14\n(sec.52-ssec.1) The site senior executive for a mine must ensure the following things are recorded in a register at the mine— a hazardous chemical used, handled, stored or produced at the mine; dangerous goods used, handled, stored or produced at the mine; the current safety data sheet for a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .\n(sec.52-ssec.2) The site senior executive must ensure the register is readily accessible by each worker required to use, handle, store or produce a hazardous chemical, or dangerous goods, at the mine.\n- (a) a hazardous chemical used, handled, stored or produced at the mine;\n- (b) dangerous goods used, handled, stored or produced at the mine;\n- (c) the current safety data sheet for a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .","sortOrder":80},{"sectionNumber":"sec.52A","sectionType":"section","heading":"Manufacturers, importers and suppliers must mark or label substances","content":"### sec.52A Manufacturers, importers and suppliers must mark or label substances\n\nThis section applies to a manufacturer, importer or supplier of a substance for use at a mine as mentioned in section 43 (2) (a) of the Act .\nWithout limiting section 43 (2) (a) of the Act , the manufacturer, importer or supplier must ensure the substance is correctly marked or labelled when the substance is provided for use at the mine.\nA substance is correctly marked or labelled if the mark or label complies with applicable requirements relating to the mark or label stated in—\nthe GHS; or\na guideline; or\nthe ADG Code.\ns 52A ins 2019 SL No. 140 s 14\n(sec.52A-ssec.1) This section applies to a manufacturer, importer or supplier of a substance for use at a mine as mentioned in section 43 (2) (a) of the Act .\n(sec.52A-ssec.2) Without limiting section 43 (2) (a) of the Act , the manufacturer, importer or supplier must ensure the substance is correctly marked or labelled when the substance is provided for use at the mine.\n(sec.52A-ssec.3) A substance is correctly marked or labelled if the mark or label complies with applicable requirements relating to the mark or label stated in— the GHS; or a guideline; or the ADG Code.\n- (a) the GHS; or\n- (b) a guideline; or\n- (c) the ADG Code.","sortOrder":81},{"sectionNumber":"sec.53","sectionType":"section","heading":"Labelling and giving information about hazardous chemicals and dangerous goods","content":"### sec.53 Labelling and giving information about hazardous chemicals and dangerous goods\n\nThe site senior executive for a mine must ensure the following things are correctly marked or labelled—\na hazardous chemical used, handled, stored or produced at the mine;\ndangerous goods used, handled, stored or produced at the mine;\nany thing containing, or being used to transport, a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .\nA hazardous chemical, dangerous goods, or a thing mentioned in subsection (1) (c) is correctly marked or labelled if a mark or label—\nwarns persons of the presence of the chemical or goods; and\nidentifies the chemical or goods; and\nto the extent necessary for managing risk, provides basic information about using, handling, storing, producing or transporting the chemical or goods.\nIf it is not practicable to mark or label a hazardous chemical mentioned in subsection (1) (a) , or dangerous goods mentioned in subsection (1) (b) , the site senior executive must ensure a notice that gives the warning, identification and basic information mentioned in subsection (2) (c) is placed in a conspicuous place as near as practicable to the chemical or goods.\nAlso, the site senior executive must ensure a mark, label or notice under this section complies with applicable requirements relating to the mark, label or notice stated in—\nthe GHS; or\na guideline; or\nthe ADG Code; or\nAS 1345.\nThis section does not apply in relation to a mineral or quarry material.\nIn this section—\nAS 1345 means the Australian Standard for the identification of the contents of piping, conduits and ducts as in force from time to time under that designation (regardless of the edition or year of publication of the standard).\nquarry material see the Forestry Act 1959 , schedule 3 .\ns 53 sub 2019 SL No. 140 s 14\n(sec.53-ssec.1) The site senior executive for a mine must ensure the following things are correctly marked or labelled— a hazardous chemical used, handled, stored or produced at the mine; dangerous goods used, handled, stored or produced at the mine; any thing containing, or being used to transport, a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .\n(sec.53-ssec.2) A hazardous chemical, dangerous goods, or a thing mentioned in subsection (1) (c) is correctly marked or labelled if a mark or label— warns persons of the presence of the chemical or goods; and identifies the chemical or goods; and to the extent necessary for managing risk, provides basic information about using, handling, storing, producing or transporting the chemical or goods.\n(sec.53-ssec.3) If it is not practicable to mark or label a hazardous chemical mentioned in subsection (1) (a) , or dangerous goods mentioned in subsection (1) (b) , the site senior executive must ensure a notice that gives the warning, identification and basic information mentioned in subsection (2) (c) is placed in a conspicuous place as near as practicable to the chemical or goods.\n(sec.53-ssec.4) Also, the site senior executive must ensure a mark, label or notice under this section complies with applicable requirements relating to the mark, label or notice stated in— the GHS; or a guideline; or the ADG Code; or AS 1345.\n(sec.53-ssec.5) This section does not apply in relation to a mineral or quarry material.\n(sec.53-ssec.6) In this section— AS 1345 means the Australian Standard for the identification of the contents of piping, conduits and ducts as in force from time to time under that designation (regardless of the edition or year of publication of the standard). quarry material see the Forestry Act 1959 , schedule 3 .\n- (a) a hazardous chemical used, handled, stored or produced at the mine;\n- (b) dangerous goods used, handled, stored or produced at the mine;\n- (c) any thing containing, or being used to transport, a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .\n- (a) warns persons of the presence of the chemical or goods; and\n- (b) identifies the chemical or goods; and\n- (c) to the extent necessary for managing risk, provides basic information about using, handling, storing, producing or transporting the chemical or goods.\n- (a) the GHS; or\n- (b) a guideline; or\n- (c) the ADG Code; or\n- (d) AS 1345.","sortOrder":82},{"sectionNumber":"sec.54","sectionType":"section","heading":"Selecting hazardous chemicals and dangerous goods","content":"### sec.54 Selecting hazardous chemicals and dangerous goods\n\nThe site senior executive for a mine must ensure a hazardous chemical, or dangerous goods, selected for use at the mine does not create an unacceptable level of risk to a person when used, handled or stored under standard work instructions.\ns 54 sub 2019 SL No. 140 s 14","sortOrder":83},{"sectionNumber":"sec.55","sectionType":"section","heading":"Standard work instructions for using, handling and storing hazardous chemicals and dangerous goods","content":"### sec.55 Standard work instructions for using, handling and storing hazardous chemicals and dangerous goods\n\nThe site senior executive for a mine must ensure the mine has standard work instructions for using, handling or storing a hazardous chemical, or dangerous goods, at the mine.\nIn developing a standard work instruction under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.\ns 55 sub 2019 SL No. 140 s 14\n(sec.55-ssec.1) The site senior executive for a mine must ensure the mine has standard work instructions for using, handling or storing a hazardous chemical, or dangerous goods, at the mine.\n(sec.55-ssec.2) In developing a standard work instruction under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.","sortOrder":84},{"sectionNumber":"sec.56","sectionType":"section","heading":"Handling or storing hazardous chemicals and dangerous goods","content":"### sec.56 Handling or storing hazardous chemicals and dangerous goods\n\nThis section applies to a person who has an obligation under the Act to manage risk at a mine in relation to handling or storing a hazardous chemical or dangerous goods.\nThe person must ensure the chemical or goods are handled or stored at the mine in a way that is appropriate to the nature of the chemical or goods, so the chemical or goods are—\nprotected against damage and deterioration; and\nsecured to prevent loss, misuse and theft; and\nfor a liquid—bunded to contain spillage.\nIn managing the risk mentioned in subsection (2) , the person must have regard to—\nthe hazardous properties of the chemical or goods; and\nany chemical or physical reaction between the chemical or goods and another substance or mixture, including a substance that may be generated by the reaction and that could be hazardous; and\nthe nature of the work to be carried out with the chemical or goods; and\nany structure, plant or system of work—\nthat is used in the use, handling, storage or production of the chemical or goods; or\nthat could interact with the chemical or goods at the mine.\ns 56 sub 2019 SL No. 140 s 14\n(sec.56-ssec.1) This section applies to a person who has an obligation under the Act to manage risk at a mine in relation to handling or storing a hazardous chemical or dangerous goods.\n(sec.56-ssec.2) The person must ensure the chemical or goods are handled or stored at the mine in a way that is appropriate to the nature of the chemical or goods, so the chemical or goods are— protected against damage and deterioration; and secured to prevent loss, misuse and theft; and for a liquid—bunded to contain spillage.\n(sec.56-ssec.3) In managing the risk mentioned in subsection (2) , the person must have regard to— the hazardous properties of the chemical or goods; and any chemical or physical reaction between the chemical or goods and another substance or mixture, including a substance that may be generated by the reaction and that could be hazardous; and the nature of the work to be carried out with the chemical or goods; and any structure, plant or system of work— that is used in the use, handling, storage or production of the chemical or goods; or that could interact with the chemical or goods at the mine.\n- (a) protected against damage and deterioration; and\n- (b) secured to prevent loss, misuse and theft; and\n- (c) for a liquid—bunded to contain spillage.\n- (a) the hazardous properties of the chemical or goods; and\n- (b) any chemical or physical reaction between the chemical or goods and another substance or mixture, including a substance that may be generated by the reaction and that could be hazardous; and\n- (c) the nature of the work to be carried out with the chemical or goods; and\n- (d) any structure, plant or system of work— (i) that is used in the use, handling, storage or production of the chemical or goods; or (ii) that could interact with the chemical or goods at the mine.\n- (i) that is used in the use, handling, storage or production of the chemical or goods; or\n- (ii) that could interact with the chemical or goods at the mine.\n- (i) that is used in the use, handling, storage or production of the chemical or goods; or\n- (ii) that could interact with the chemical or goods at the mine.","sortOrder":85},{"sectionNumber":"sec.57","sectionType":"section","heading":"Monitoring, and taking action about, hazardous chemicals and dangerous goods","content":"### sec.57 Monitoring, and taking action about, hazardous chemicals and dangerous goods\n\nThe site senior executive for a mine must ensure appropriate monitoring in relation to a hazardous chemical, or dangerous goods, at the mine is carried out to—\ncheck the location and amount of the chemical or goods on-site; and\ncheck for deterioration of the chemical or goods, or any packaging of the chemical or goods; and\nensure the chemical or goods are fit for intended use; and\ndetect leaks, spills and unintended emissions of the chemical or goods; and\ndetect misuse, theft or other loss of the chemicals or goods.\nThe monitoring must be carried out under any standard work instruction or other procedure that applies to the monitoring.\nThe site senior executive for the mine must ensure a hazardous chemical is, or dangerous goods are, disposed of under section 59 if the monitoring shows—\ndeterioration of the chemical or goods; or\nunfitness for use of the chemical or goods.\ns 57 sub 2019 SL No. 140 s 14\n(sec.57-ssec.1) The site senior executive for a mine must ensure appropriate monitoring in relation to a hazardous chemical, or dangerous goods, at the mine is carried out to— check the location and amount of the chemical or goods on-site; and check for deterioration of the chemical or goods, or any packaging of the chemical or goods; and ensure the chemical or goods are fit for intended use; and detect leaks, spills and unintended emissions of the chemical or goods; and detect misuse, theft or other loss of the chemicals or goods.\n(sec.57-ssec.2) The monitoring must be carried out under any standard work instruction or other procedure that applies to the monitoring.\n(sec.57-ssec.3) The site senior executive for the mine must ensure a hazardous chemical is, or dangerous goods are, disposed of under section 59 if the monitoring shows— deterioration of the chemical or goods; or unfitness for use of the chemical or goods.\n- (a) check the location and amount of the chemical or goods on-site; and\n- (b) check for deterioration of the chemical or goods, or any packaging of the chemical or goods; and\n- (c) ensure the chemical or goods are fit for intended use; and\n- (d) detect leaks, spills and unintended emissions of the chemical or goods; and\n- (e) detect misuse, theft or other loss of the chemicals or goods.\n- (a) deterioration of the chemical or goods; or\n- (b) unfitness for use of the chemical or goods.","sortOrder":86},{"sectionNumber":"sec.58","sectionType":"section","heading":"Standard work instruction for dealing with leaks and spills","content":"### sec.58 Standard work instruction for dealing with leaks and spills\n\nThe site senior executive for a mine must ensure the mine has a standard work instruction for dealing with leaks and spills of a hazardous chemical, or dangerous goods, at the mine.\nIn developing a standard work instruction under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.\ns 58 sub 2019 SL No. 140 s 14\n(sec.58-ssec.1) The site senior executive for a mine must ensure the mine has a standard work instruction for dealing with leaks and spills of a hazardous chemical, or dangerous goods, at the mine.\n(sec.58-ssec.2) In developing a standard work instruction under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.","sortOrder":87},{"sectionNumber":"sec.59","sectionType":"section","heading":"Disposal","content":"### sec.59 Disposal\n\nThis section applies to—\na hazardous chemical, or dangerous goods, at a mine if the chemical or goods are—\ndeteriorated; or\npast the use-by date; or\nno longer required for use at the mine, including, for example, because the mine is to be abandoned; and\na thing contaminated by a hazardous chemical, or dangerous goods, mentioned in paragraph (a) .\nThe site senior executive for the mine must ensure the chemical, goods or thing is disposed of—\nin accordance with—\nthe safety data sheet for the chemical or goods; or\ninformation provided, under section 43 (2) (a) of the Act , by the manufacturer, importer or supplier of the chemical or goods; and\nin 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.\nThe site senior executive for the mine must ensure the following things are shown on the plans of the mine workings under section 58 of the Act —\na permanent disposal facility for a hazardous chemical or dangerous goods;\nanother disposal area for a hazardous chemical or dangerous goods.\ns 59 sub 2019 SL No. 140 s 14\n(sec.59-ssec.1) This section applies to— a hazardous chemical, or dangerous goods, at a mine if the chemical or goods are— deteriorated; or past the use-by date; or no longer required for use at the mine, including, for example, because the mine is to be abandoned; and a thing contaminated by a hazardous chemical, or dangerous goods, mentioned in paragraph (a) .\n(sec.59-ssec.2) The site senior executive for the mine must ensure the chemical, goods or thing is disposed of— in accordance with— the safety data sheet for the chemical or goods; or information provided, under section 43 (2) (a) of the Act , by the manufacturer, importer or supplier of the chemical or goods; and 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.\n(sec.59-ssec.3) The site senior executive for the mine must ensure the following things are shown on the plans of the mine workings under section 58 of the Act — a permanent disposal facility for a hazardous chemical or dangerous goods; another disposal area for a hazardous chemical or dangerous goods.\n- (a) a hazardous chemical, or dangerous goods, at a mine if the chemical or goods are— (i) deteriorated; or (ii) past the use-by date; or (iii) no longer required for use at the mine, including, for example, because the mine is to be abandoned; and\n- (i) deteriorated; or\n- (ii) past the use-by date; or\n- (iii) no longer required for use at the mine, including, for example, because the mine is to be abandoned; and\n- (b) a thing contaminated by a hazardous chemical, or dangerous goods, mentioned in paragraph (a) .\n- (i) deteriorated; or\n- (ii) past the use-by date; or\n- (iii) no longer required for use at the mine, including, for example, because the mine is to be abandoned; and\n- (a) in accordance with— (i) the safety data sheet for the chemical or goods; or (ii) information provided, under section 43 (2) (a) of the Act , by the manufacturer, importer or supplier of the chemical or goods; and\n- (i) the safety data sheet for the chemical or goods; or\n- (ii) information provided, under section 43 (2) (a) of the Act , by the manufacturer, importer or supplier of the chemical or goods; and\n- (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.\n- (i) the safety data sheet for the chemical or goods; or\n- (ii) information provided, under section 43 (2) (a) of the Act , by the manufacturer, importer or supplier of the chemical or goods; and\n- (a) a permanent disposal facility for a hazardous chemical or dangerous goods;\n- (b) another disposal area for a hazardous chemical or dangerous goods.","sortOrder":88},{"sectionNumber":"sec.60","sectionType":"section","heading":"Meaning of major hazard facility","content":"### sec.60 Meaning of major hazard facility\n\nA mine is a major hazard facility if—\noperations carried on at the mine involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1 ; and\na hazardous materials emergency at the mine could pose an unacceptable level of risk to persons, property or the environment outside the mine.\nIn this section—\ncombustible liquid means a combustible liquid under the flammable and combustible liquids standard.\nflammable and combustible liquids standard means AS 1940 ‘The storage and handling of flammable and combustible liquids’, as in force from time to time.\nhazardous material —\nA hazardous material is a substance with potential to cause harm to persons, property or the environment because of 1 or more of the following—\nthe chemical properties of the substance;\nthe physical properties of the substance;\nthe biological properties of the substance.\nWithout limiting paragraph 1, hazardous material includes all dangerous goods, combustible liquids and chemicals.\nhazardous 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.\n(sec.60-ssec.1) A mine is a major hazard facility if— operations carried on at the mine involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1 ; and a hazardous materials emergency at the mine could pose an unacceptable level of risk to persons, property or the environment outside the mine.\n(sec.60-ssec.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 — 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— the chemical properties of the substance; the physical properties of the substance; the biological properties of the substance. 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.\n- (a) operations carried on at the mine involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1 ; and\n- (b) a hazardous materials emergency at the mine could pose an unacceptable level of risk to persons, property or the environment outside the mine.\n- 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.\n- (a) the chemical properties of the substance;\n- (b) the physical properties of the substance;\n- (c) the biological properties of the substance.\n- 2 Without limiting paragraph 1, hazardous material includes all dangerous goods, combustible liquids and chemicals.\n- (a) the chemical properties of the substance;\n- (b) the physical properties of the substance;\n- (c) the biological properties of the substance.","sortOrder":89},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Meaning of possible major hazard facility","content":"### sec.60A Meaning of possible major hazard facility\n\nA mine is a possible major hazard facility if relevant operations carried on, or intended to be carried on, at the mine involve or are likely to involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1 .\nIn this section—\nrelevant operations means operations other than the preparation and use of explosives at a blast site.\n(sec.60A-ssec.1) A mine is a possible major hazard facility if relevant operations carried on, or intended to be carried on, at the mine involve or are likely to involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1 .\n(sec.60A-ssec.2) In this section— relevant operations means operations other than the preparation and use of explosives at a blast site.","sortOrder":90},{"sectionNumber":"sec.60B","sectionType":"section","heading":"Notifying chief inspector if mine is a major hazard facility or a possible major hazard facility","content":"### sec.60B Notifying chief inspector if mine is a major hazard facility or a possible major hazard facility\n\nThe 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—\nin the approved form; and\nat least 6 months before the mine starts operations.\nMaximum penalty—200 penalty units.\nSubsection (1) is not a safety and health obligation for the Act .\n(sec.60B-ssec.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— in the approved form; and at least 6 months before the mine starts operations. Maximum penalty—200 penalty units.\n(sec.60B-ssec.3) Subsection (1) is not a safety and health obligation for the Act .\n- (a) in the approved form; and\n- (b) at least 6 months before the mine starts operations.","sortOrder":91},{"sectionNumber":"sec.60C","sectionType":"section","heading":"Notifying chief inspector of certain upgrades of mines","content":"### sec.60C Notifying chief inspector of certain upgrades of mines\n\nThis 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.\nThe site senior executive for the mine must notify the chief inspector about the mine—\nin the approved form; and\nat least 6 months before the mine starts operations as an upgraded mine.\nMaximum penalty—200 penalty units.\nSubsection (2) is not a safety and health obligation for the Act .\nIn this section—\nupgraded 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.\ns 60C amd 2019 SL No. 140 s 21 sch 1\n(sec.60C-ssec.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.\n(sec.60C-ssec.2) The site senior executive for the mine must notify the chief inspector about the mine— in the approved form; and at least 6 months before the mine starts operations as an upgraded mine. Maximum penalty—200 penalty units.\n(sec.60C-ssec.4) Subsection (2) is not a safety and health obligation for the Act .\n(sec.60C-ssec.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.\n- (a) in the approved form; and\n- (b) at least 6 months before the mine starts operations as an upgraded mine.","sortOrder":92},{"sectionNumber":"sec.60D","sectionType":"section","heading":"Notifying chief inspector of certain downgrades of mines","content":"### sec.60D Notifying chief inspector of certain downgrades of mines\n\nThis section applies to a mine if—\nunder section 60B or 60C , a notification (the original notice ) has been given about the mine; and\na 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.\nThe site senior executive for the mine may, in the approved form, notify the chief inspector about the change.\nDespite 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.\ns 60D amd 2019 SL No. 140 s 21 sch 1\n(sec.60D-ssec.1) This section applies to a mine if— under section 60B or 60C , a notification (the original notice ) has been given about the mine; and 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.\n(sec.60D-ssec.2) The site senior executive for the mine may, in the approved form, notify the chief inspector about the change.\n(sec.60D-ssec.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.\n- (a) under section 60B or 60C , a notification (the original notice ) has been given about the mine; and\n- (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.","sortOrder":93},{"sectionNumber":"sec.60E","sectionType":"section","heading":"Safety and health management system for mine that is a major hazard facility","content":"### sec.60E Safety and health management system for mine that is a major hazard facility\n\nThe site senior executive for a mine that is a major hazard facility must ensure the mine’s safety and health management system complies with—\nthe Act and this regulation; and\nthe national standard safety and health provisions—\nto the extent the provisions are consistent with the Act and this regulation; and\nas if a reference in the provisions—\nto the relevant public authority were a reference to the chief inspector of mines; and\nto 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\nto the safety management system were a reference to the safety and health management system.\nIn this section—\nnational standard safety and health provisions means the major hazard facilities standard, sections 6 to 13 .\n(sec.60E-ssec.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— the Act and this regulation; and the national standard safety and health provisions— to the extent the provisions are consistent with the Act and this regulation; and as if a reference in the provisions— to the relevant public authority were a reference to the chief inspector of mines; and 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 to the safety management system were a reference to the safety and health management system.\n(sec.60E-ssec.2) In this section— national standard safety and health provisions means the major hazard facilities standard, sections 6 to 13 .\n- (a) the Act and this regulation; and\n- (b) the national standard safety and health provisions— (i) to the extent the provisions are consistent with the Act and this regulation; and (ii) as if a reference in the provisions— (A) to the relevant public authority were a reference to the chief inspector of mines; and (B) to the operator, employer, occupier or person who has overall management and control of a major hazard facility were a reference to the site senior executive; and (C) to the safety management system were a reference to the safety and health management system.\n- (i) to the extent the provisions are consistent with the Act and this regulation; and\n- (ii) as if a reference in the provisions— (A) to the relevant public authority were a reference to the chief inspector of mines; and (B) to the operator, employer, occupier or person who has overall management and control of a major hazard facility were a reference to the site senior executive; and (C) to the safety management system were a reference to the safety and health management system.\n- (A) to the relevant public authority were a reference to the chief inspector of mines; and\n- (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\n- (C) to the safety management system were a reference to the safety and health management system.\n- (i) to the extent the provisions are consistent with the Act and this regulation; and\n- (ii) as if a reference in the provisions— (A) to the relevant public authority were a reference to the chief inspector of mines; and (B) to the operator, employer, occupier or person who has overall management and control of a major hazard facility were a reference to the site senior executive; and (C) to the safety management system were a reference to the safety and health management system.\n- (A) to the relevant public authority were a reference to the chief inspector of mines; and\n- (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\n- (C) to the safety management system were a reference to the safety and health management system.\n- (A) to the relevant public authority were a reference to the chief inspector of mines; and\n- (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\n- (C) to the safety management system were a reference to the safety and health management system.","sortOrder":94},{"sectionNumber":"sec.60F","sectionType":"section","heading":"Safety report to chief inspector","content":"### sec.60F Safety report to chief inspector\n\nThe 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) .\nThe safety report must—\ncomply with the major hazard facilities standard, section 7 ; and\nbe 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) .\n(sec.60F-ssec.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) .\n(sec.60F-ssec.2) The safety report must— comply with the major hazard facilities standard, section 7 ; and 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) .\n- (a) comply with the major hazard facilities standard, section 7 ; and\n- (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) .","sortOrder":95},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 om 2019 SL No. 140 s 15","sortOrder":96},{"sectionNumber":"sec.62","sectionType":"section","heading":"First aid measures and personal protective equipment","content":"### sec.62 First aid measures and personal protective equipment\n\nThe site senior executive for a mine must ensure the mine has the first aid measures, and personal protective equipment, recommended in the safety data sheet for each hazardous chemical, or dangerous goods, at the mine.\ns 62 sub 2019 SL No. 140 s 16","sortOrder":97},{"sectionNumber":"sec.63","sectionType":"section","heading":"Records","content":"### sec.63 Records\n\nThe site senior executive for a mine must ensure a record is kept at the mine of each of the following things relating to a hazardous chemical, or dangerous goods, at the mine—\nquantity and location on site;\ndate of receipt or production;\nuse, sale or disposal, if any;\ndeterioration or product failure, if any;\nleak, spill, unintended emission, misuse, theft or other loss, if any.\nThe site senior executive must ensure a record about the disposal of a hazardous chemical, or dangerous goods, on site—\nis kept at the mine until the mine’s operations stop; and\nafter the mine’s operations stop, is given to the CEO.\nThe site senior executive must ensure a record under subsection (1) about a matter other than a matter mentioned in subsection (2) is kept at the mine until the hazardous chemical, or dangerous goods, to which the record relates have been used, disposed of, or removed from site.\ns 63 sub 2019 SL No. 140 s 16\namd 2020 SL No. 69 s 24 sch 1\n(sec.63-ssec.1) The site senior executive for a mine must ensure a record is kept at the mine of each of the following things relating to a hazardous chemical, or dangerous goods, at the mine— quantity and location on site; date of receipt or production; use, sale or disposal, if any; deterioration or product failure, if any; leak, spill, unintended emission, misuse, theft or other loss, if any.\n(sec.63-ssec.2) The site senior executive must ensure a record about the disposal of a hazardous chemical, or dangerous goods, on site— is kept at the mine until the mine’s operations stop; and after the mine’s operations stop, is given to the CEO.\n(sec.63-ssec.3) The site senior executive must ensure a record under subsection (1) about a matter other than a matter mentioned in subsection (2) is kept at the mine until the hazardous chemical, or dangerous goods, to which the record relates have been used, disposed of, or removed from site.\n- (a) quantity and location on site;\n- (b) date of receipt or production;\n- (c) use, sale or disposal, if any;\n- (d) deterioration or product failure, if any;\n- (e) leak, spill, unintended emission, misuse, theft or other loss, if any.\n- (a) is kept at the mine until the mine’s operations stop; and\n- (b) after the mine’s operations stop, is given to the CEO.","sortOrder":98},{"sectionNumber":"ch.2-pt.7-div.2","sectionType":"division","heading":"Explosives","content":"## Explosives","sortOrder":99},{"sectionNumber":"sec.64","sectionType":"section","heading":"Persons who may handle explosives","content":"### sec.64 Persons who may handle explosives\n\nA person must not handle an explosive at a mine unless the person—\nis authorised in writing by the mine’s site senior executive or underground mine manager (the authorising person ) to carry out the handling activity; or\ncarries out the handling activity under the direct supervision of a person authorised under paragraph (a) .\nA person may be authorised under subsection (1) (a) only if—\nthe person holds a current shotfirer licence under the Explosives Act 1999 that is applicable to the mine’s operations; or\nthe authorising person is satisfied the person—\nhas the competency accepted by the committee as qualifying the person to carry out the handling activity; or\nhas satisfactorily completed a competency-based training program for carrying out the handling activity and is competent to carry it out.\nThe authorisation must state the handling activities the person is authorised to carry out.\nFor 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.\nIn this section—\nhandle , an explosive, includes manufacture, possess, store, transport, prepare for use, use, or dispose of, the explosive.\nhandling activity , for an explosive, includes the manufacture, possession, storage, transportation, preparation for use, use, or disposal, of the explosive.\n(sec.64-ssec.1) A person must not handle an explosive at a mine unless the person— 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 carries out the handling activity under the direct supervision of a person authorised under paragraph (a) .\n(sec.64-ssec.2) A person may be authorised under subsection (1) (a) only if— the person holds a current shotfirer licence under the Explosives Act 1999 that is applicable to the mine’s operations; or the authorising person is satisfied the person— has the competency accepted by the committee as qualifying the person to carry out the handling activity; or has satisfactorily completed a competency-based training program for carrying out the handling activity and is competent to carry it out.\n(sec.64-ssec.3) The authorisation must state the handling activities the person is authorised to carry out.\n(sec.64-ssec.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.\n(sec.64-ssec.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.\n- (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\n- (b) carries out the handling activity under the direct supervision of a person authorised under paragraph (a) .\n- (a) the person holds a current shotfirer licence under the Explosives Act 1999 that is applicable to the mine’s operations; or\n- (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.\n- (i) has the competency accepted by the committee as qualifying the person to carry out the handling activity; or\n- (ii) has satisfactorily completed a competency-based training program for carrying out the handling activity and is competent to carry it out.\n- (i) has the competency accepted by the committee as qualifying the person to carry out the handling activity; or\n- (ii) has satisfactorily completed a competency-based training program for carrying out the handling activity and is competent to carry it out.","sortOrder":100},{"sectionNumber":"sec.65","sectionType":"section","heading":"Selecting explosives","content":"### sec.65 Selecting explosives\n\nA 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—\nstable; and\nfit for their intended use; and\nas insensitive as reasonably practicable to shock, sparks, friction and the environment in which they will be stored, transported and used; and\nas far as reasonably practicable, simple to store, use, transport and control.\n- (a) stable; and\n- (b) fit for their intended use; and\n- (c) as insensitive as reasonably practicable to shock, sparks, friction and the environment in which they will be stored, transported and used; and\n- (d) as far as reasonably practicable, simple to store, use, transport and control.","sortOrder":101},{"sectionNumber":"sec.66","sectionType":"section","heading":"Warning about explosives","content":"### sec.66 Warning about explosives\n\nIf explosives are used at a mine, the site senior executive for the mine must ensure—\nsuitable signs are in place to warn of the explosives’ presence; and\nvehicles carrying explosives at the mine are easily identified other than by signs.\na flashing light of a distinctive colour\nThe 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.\ns 66 amd 2019 SL No. 140 s 21 sch 1\n(sec.66-ssec.1) If explosives are used at a mine, the site senior executive for the mine must ensure— suitable signs are in place to warn of the explosives’ presence; and vehicles carrying explosives at the mine are easily identified other than by signs. a flashing light of a distinctive colour\n(sec.66-ssec.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.\n- (a) suitable signs are in place to warn of the explosives’ presence; and\n- (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","sortOrder":102},{"sectionNumber":"sec.67","sectionType":"section","heading":"Storing, transporting, using and disposing of explosives","content":"### sec.67 Storing, transporting, using and disposing of explosives\n\nA mine’s safety and health management system must provide for—\nthe safe and secure storage and transport of explosives at the mine; and\nthe safe use and disposal of the explosives.\nHowever, if the mine is not required to have a safety and health management system under the Act , the site senior executive for the mine must ensure the mine has a procedure or standard work instruction for the matters mentioned in subsection (1) (a) and (b) .\ns 67 amd 2019 SL No. 140 s 21 sch 1\n(sec.67-ssec.1) A mine’s safety and health management system must provide for— the safe and secure storage and transport of explosives at the mine; and the safe use and disposal of the explosives.\n(sec.67-ssec.2) However, if the mine is not required to have a safety and health management system under the Act , the site senior executive for the mine must ensure the mine has a procedure or standard work instruction for the matters mentioned in subsection (1) (a) and (b) .\n- (a) the safe and secure storage and transport of explosives at the mine; and\n- (b) the safe use and disposal of the explosives.","sortOrder":103},{"sectionNumber":"sec.68","sectionType":"section","heading":"Mine vehicles and equipment used for manufacturing, storing and transporting explosives","content":"### sec.68 Mine vehicles and equipment used for manufacturing, storing and transporting explosives\n\nThe site senior executive for a mine must ensure mine vehicles and equipment used to manufacture, store or transport explosives at the mine are equipped, maintained and inspected to manage the risk of fire or explosion.\nThe site senior executive for a mine must also ensure mine vehicles and equipment used to manufacture, store or transport explosives at the mine are—\nin sound mechanical condition and repair; and\ndesigned, maintained and used in a way that protects the explosives against friction, heat, incompatible materials, pressure, shock, sparks and extraneous electricity; and\ndesigned and maintained to provide adequate segregation of detonators from other explosives during manufacture, storage or transport.\nThe site senior executive for a mine must also ensure that, before a mine vehicle or equipment that has been used to manufacture, store or transport explosives at the mine is repaired on-site or sent off-site for repair, the vehicle or equipment is—\nthoroughly cleaned; and\ninspected by a person who has the necessary competence; and\ncertified to be free of explosive residues.\nIn this section—\nAustralian 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.\nmine vehicle means a vehicle at a mine, other than—\na road vehicle or vehicle as defined under the ADG Code; or\na special vehicle or vehicle as defined under the Australian explosives code.\ns 68 amd 2019 SL No. 140 s 21 sch 1\n(sec.68-ssec.1) The site senior executive for a mine must ensure mine vehicles and equipment used to manufacture, store or transport explosives at the mine are equipped, maintained and inspected to manage the risk of fire or explosion.\n(sec.68-ssec.2) The site senior executive for a mine must also ensure mine vehicles and equipment used to manufacture, store or transport explosives at the mine are— in sound mechanical condition and repair; and designed, maintained and used in a way that protects the explosives against friction, heat, incompatible materials, pressure, shock, sparks and extraneous electricity; and designed and maintained to provide adequate segregation of detonators from other explosives during manufacture, storage or transport.\n(sec.68-ssec.3) The site senior executive for a mine must also ensure that, before a mine vehicle or equipment that has been used to manufacture, store or transport explosives at the mine is repaired on-site or sent off-site for repair, the vehicle or equipment is— thoroughly cleaned; and inspected by a person who has the necessary competence; and certified to be free of explosive residues.\n(sec.68-ssec.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 road vehicle or vehicle as defined under the ADG Code; or a special vehicle or vehicle as defined under the Australian explosives code.\n- (a) in sound mechanical condition and repair; and\n- (b) designed, maintained and used in a way that protects the explosives against friction, heat, incompatible materials, pressure, shock, sparks and extraneous electricity; and\n- (c) designed and maintained to provide adequate segregation of detonators from other explosives during manufacture, storage or transport.\n- (a) thoroughly cleaned; and\n- (b) inspected by a person who has the necessary competence; and\n- (c) certified to be free of explosive residues.\n- (a) a road vehicle or vehicle as defined under the ADG Code; or\n- (b) a special vehicle or vehicle as defined under the Australian explosives code.","sortOrder":104},{"sectionNumber":"sec.69","sectionType":"section","heading":"Identifying interaction hazards before explosives are used","content":"### sec.69 Identifying interaction hazards before explosives are used\n\nThe site senior executive for a mine must ensure that, before explosives are used at the mine, a risk management process is carried out to identify the hazards that may arise or interact from the use.\nWithout limiting subsection (1) , the process must consider the following matters—\nground at elevated temperature;\nradiation;\nreactive ground;\nlightning;\nextraneous electricity;\nsympathetic detonation;\nthe triggering of secondary dust or gas explosions;\nunstable ground;\nenergy originating from friction, impact, static and heat;\nunusual applications.\nclearing an accretion in a smelter\nSection 10 applies to the risk management process if the mine is required to have a safety and health management system under the Act .\ns 69 amd 2019 SL No. 140 s 21 sch 1\n(sec.69-ssec.1) The site senior executive for a mine must ensure that, before explosives are used at the mine, a risk management process is carried out to identify the hazards that may arise or interact from the use.\n(sec.69-ssec.2) Without limiting subsection (1) , the process must consider the following matters— ground at elevated temperature; radiation; reactive ground; lightning; extraneous electricity; sympathetic detonation; the triggering of secondary dust or gas explosions; unstable ground; energy originating from friction, impact, static and heat; unusual applications. clearing an accretion in a smelter\n(sec.69-ssec.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 .\n- (a) ground at elevated temperature;\n- (b) radiation;\n- (c) reactive ground;\n- (d) lightning;\n- (e) extraneous electricity;\n- (f) sympathetic detonation;\n- (g) the triggering of secondary dust or gas explosions;\n- (h) unstable ground;\n- (i) energy originating from friction, impact, static and heat;\n- (j) unusual applications. Example of an unusual application— clearing an accretion in a smelter","sortOrder":105},{"sectionNumber":"sec.70","sectionType":"section","heading":"Blasting procedures","content":"### sec.70 Blasting procedures\n\nIf blasting is carried out at a mine, the site senior executive for the mine must ensure the mine has written procedures for the blasting.\nThe procedures must provide for the following matters—\nensuring equipment used for charging and firing is maintained in a good operating condition;\ncleaning blast holes before charging;\nblast times;\nwarning and guarding persons against entering an unsafe area during a blast;\nremoving persons who may be injured by a blast to a safe place before firing takes place;\nthe ability for each person involved in firing the blast to reach a safe position, by walking at normal walking pace, before the blasting happens;\nfiring a blast from a position that is safe from the effects of the blast;\ndeciding when it is safe to re-enter the blasted area;\nexamining the blasted area and blast hole remnants safely;\ncommunicating, from 1 shift to another, information about charging and blasted locations.\nThe procedures must provide for the following additional matters, as are appropriate, having regard to the nature, size and complexity of the blasting—\nkeeping air blast, air overpressure, dust generation, flyrock, ground vibration and noise within acceptable limits;\nkeeping the effect on ground stability to as low as practicable;\nkeeping blast times within worker and community expectations for blasting;\nfinalising blast design and firing sequence;\nrecording the results of blast monitoring at the mine, including the monitoring of ground vibration.\ns 70 amd 2019 SL No. 140 s 21 sch 1\n(sec.70-ssec.1) If blasting is carried out at a mine, the site senior executive for the mine must ensure the mine has written procedures for the blasting.\n(sec.70-ssec.2) The procedures must provide for the following matters— ensuring equipment used for charging and firing is maintained in a good operating condition; cleaning blast holes before charging; blast times; warning and guarding persons against entering an unsafe area during a blast; removing persons who may be injured by a blast to a safe place before firing takes place; 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; firing a blast from a position that is safe from the effects of the blast; deciding when it is safe to re-enter the blasted area; examining the blasted area and blast hole remnants safely; communicating, from 1 shift to another, information about charging and blasted locations.\n(sec.70-ssec.3) The procedures must provide for the following additional matters, as are appropriate, having regard to the nature, size and complexity of the blasting— keeping air blast, air overpressure, dust generation, flyrock, ground vibration and noise within acceptable limits; keeping the effect on ground stability to as low as practicable; keeping blast times within worker and community expectations for blasting; finalising blast design and firing sequence; recording the results of blast monitoring at the mine, including the monitoring of ground vibration.\n- (a) ensuring equipment used for charging and firing is maintained in a good operating condition;\n- (b) cleaning blast holes before charging;\n- (c) blast times;\n- (d) warning and guarding persons against entering an unsafe area during a blast;\n- (e) removing persons who may be injured by a blast to a safe place before firing takes place;\n- (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;\n- (g) firing a blast from a position that is safe from the effects of the blast;\n- (h) deciding when it is safe to re-enter the blasted area;\n- (i) examining the blasted area and blast hole remnants safely;\n- (j) communicating, from 1 shift to another, information about charging and blasted locations.\n- (a) keeping air blast, air overpressure, dust generation, flyrock, ground vibration and noise within acceptable limits;\n- (b) keeping the effect on ground stability to as low as practicable;\n- (c) keeping blast times within worker and community expectations for blasting;\n- (d) finalising blast design and firing sequence;\n- (e) recording the results of blast monitoring at the mine, including the monitoring of ground vibration.","sortOrder":106},{"sectionNumber":"sec.71","sectionType":"section","heading":"Blasting in hot material","content":"### sec.71 Blasting in hot material\n\nThis section applies if blasting is carried out at a mine in material that is at least 55ºC or in known, or potential, reactive ground.\nground containing sulphides that oxidise easily\nBefore the blasting is carried out, the site senior executive for the mine must ensure the mine has a written procedure or standard work instruction to ensure—\nheat-induced initiation does not happen before firing; or\neach person involved in loading or firing the blast has time to reach a safe place before heat-induced initiation happens.\ns 71 amd 2019 SL No. 140 s 21 sch 1\n(sec.71-ssec.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. ground containing sulphides that oxidise easily\n(sec.71-ssec.2) Before the blasting is carried out, the site senior executive for the mine must ensure the mine has a written procedure or standard work instruction to ensure— heat-induced initiation does not happen before firing; or each person involved in loading or firing the blast has time to reach a safe place before heat-induced initiation happens.\n- (a) heat-induced initiation does not happen before firing; or\n- (b) each person involved in loading or firing the blast has time to reach a safe place before heat-induced initiation happens.","sortOrder":107},{"sectionNumber":"sec.72","sectionType":"section","heading":"Misfires","content":"### sec.72 Misfires\n\nThe site senior executive for a mine must ensure the mine has a written procedure or standard work instruction for the earliest practicable—\ndetection, recording, dealing with and treatment of misfires at the mine; and\nwarning of the misfire and presence of explosives.\ns 72 amd 2019 SL No. 140 s 21 sch 1\n- (a) detection, recording, dealing with and treatment of misfires at the mine; and\n- (b) warning of the misfire and presence of explosives.","sortOrder":108},{"sectionNumber":"sec.73","sectionType":"section","heading":"Disposing of explosives","content":"### sec.73 Disposing of explosives\n\nThe site senior executive for a mine must ensure the disposal of explosives on the surface of the mine complies with AS 2187.\nThe site senior executive for a mine must also ensure explosives disposed of underground at the mine are disposed of other than by burning or burying.\nBefore operations cease at the mine, the site senior executive must ensure all explosives at the mine are—\nlocated and accounted for; and\neither removed from site or disposed of under subsection (1) or (2) .\nFor 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.\ns 73 amd 2019 SL No. 140 s 21 sch 1\n(sec.73-ssec.1) The site senior executive for a mine must ensure the disposal of explosives on the surface of the mine complies with AS 2187.\n(sec.73-ssec.2) The site senior executive for a mine must also ensure explosives disposed of underground at the mine are disposed of other than by burning or burying.\n(sec.73-ssec.3) Before operations cease at the mine, the site senior executive must ensure all explosives at the mine are— located and accounted for; and either removed from site or disposed of under subsection (1) or (2) .\n(sec.73-ssec.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.\n- (a) located and accounted for; and\n- (b) either removed from site or disposed of under subsection (1) or (2) .","sortOrder":109},{"sectionNumber":"sec.74","sectionType":"section","heading":"Underground storage","content":"### sec.74 Underground storage\n\nThe underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure explosives stored underground at the mine are stored in an underground magazine or underground temporary storage.\nThe person must also ensure—\nthe quantity of explosives stored is as low as reasonably practicable for the operations in which they are to be used; and\nblasting agents and detonator sensitive explosives are stored in areas segregated from each other; and\ndetonators are segregated from other explosives; and\nonly things associated with storing the explosives are stored in the underground storage.\nThis 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.\ns 74 amd 2019 SL No. 140 s 21 sch 1\n(sec.74-ssec.1) The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure explosives stored underground at the mine are stored in an underground magazine or underground temporary storage.\n(sec.74-ssec.2) The person must also ensure— the quantity of explosives stored is as low as reasonably practicable for the operations in which they are to be used; and blasting agents and detonator sensitive explosives are stored in areas segregated from each other; and detonators are segregated from other explosives; and only things associated with storing the explosives are stored in the underground storage.\n(sec.74-ssec.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.\n- (a) the quantity of explosives stored is as low as reasonably practicable for the operations in which they are to be used; and\n- (b) blasting agents and detonator sensitive explosives are stored in areas segregated from each other; and\n- (c) detonators are segregated from other explosives; and\n- (d) only things associated with storing the explosives are stored in the underground storage.","sortOrder":110},{"sectionNumber":"sec.75","sectionType":"section","heading":"Underground storage location","content":"### sec.75 Underground storage location\n\nThe underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure an underground magazine at the mine is located away from the following things at the mine—\nmajor access routes;\nemergency escape routes or emergency refuges;\nhigh occupancy areas;\nother hazardous chemicals;\nmajor service facilities;\nknown micro-seismic areas.\ns 75 amd 2019 SL No. 140 s 21 sch 1\n- (a) major access routes;\n- (b) emergency escape routes or emergency refuges;\n- (c) high occupancy areas;\n- (d) other hazardous chemicals;\n- (e) major service facilities;\n- (f) known micro-seismic areas.","sortOrder":111},{"sectionNumber":"sec.76","sectionType":"section","heading":"Underground magazine design","content":"### sec.76 Underground magazine design\n\nThe underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure each underground magazine at the mine is designed and maintained to ensure—\nexplosives in the magazine are—\nprotected against friction, impact, static and heat; and\nadequately ventilated to keep them cool and dry; and\nsecured against theft; and\ndetonators in the magazine are adequately segregated from other explosives; and\nwhen a person is present in the magazine, the atmospheric contaminants in the magazine do not exceed the general exposure limits for the contaminants; and\nequipment used for moving or storing explosives can be manoeuvred safely in the magazine.\ns 76 amd 2019 SL No. 140 s 21 sch 1\n- (a) explosives in the magazine are— (i) protected against friction, impact, static and heat; and (ii) adequately ventilated to keep them cool and dry; and (iii) secured against theft; and\n- (i) protected against friction, impact, static and heat; and\n- (ii) adequately ventilated to keep them cool and dry; and\n- (iii) secured against theft; and\n- (b) detonators in the magazine are adequately segregated from other explosives; and\n- (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\n- (d) equipment used for moving or storing explosives can be manoeuvred safely in the magazine.\n- (i) protected against friction, impact, static and heat; and\n- (ii) adequately ventilated to keep them cool and dry; and\n- (iii) secured against theft; and","sortOrder":112},{"sectionNumber":"sec.77","sectionType":"section","heading":"Underground temporary storage","content":"### sec.77 Underground temporary storage\n\nThe underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure an underground temporary storage area at the mine is located near where the explosives stored in the area are to be used.\nThe person must also ensure the underground temporary storage area is maintained and operated to ensure—\nexplosives in the storage area—\ndo not exceed the quantity needed for the operations in which they are to be used; and\nare protected against accidental impact; and\ndetonators in the storage area are—\nstored in a locked containers; and\nadequately segregated from other explosives; and\ncontainers in which explosives are stored are—\nconstructed to protect the explosives against impact, squeezing and theft; and\ncleaned of residual explosives before being reused; and\nexplosives are removed from the storage area and the storage area closed when the blasting operations for which the explosives were stored stop.\ns 77 amd 2019 SL No. 140 s 21 sch 1\n(sec.77-ssec.1) The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure an underground temporary storage area at the mine is located near where the explosives stored in the area are to be used.\n(sec.77-ssec.2) The person must also ensure the underground temporary storage area is maintained and operated to ensure— explosives in the storage area— do not exceed the quantity needed for the operations in which they are to be used; and are protected against accidental impact; and detonators in the storage area are— stored in a locked containers; and adequately segregated from other explosives; and containers in which explosives are stored are— constructed to protect the explosives against impact, squeezing and theft; and cleaned of residual explosives before being reused; and explosives are removed from the storage area and the storage area closed when the blasting operations for which the explosives were stored stop.\n- (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\n- (i) do not exceed the quantity needed for the operations in which they are to be used; and\n- (ii) are protected against accidental impact; and\n- (b) detonators in the storage area are— (i) stored in a locked containers; and (ii) adequately segregated from other explosives; and\n- (i) stored in a locked containers; and\n- (ii) adequately segregated from other explosives; and\n- (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\n- (i) constructed to protect the explosives against impact, squeezing and theft; and\n- (ii) cleaned of residual explosives before being reused; and\n- (d) explosives are removed from the storage area and the storage area closed when the blasting operations for which the explosives were stored stop.\n- (i) do not exceed the quantity needed for the operations in which they are to be used; and\n- (ii) are protected against accidental impact; and\n- (i) stored in a locked containers; and\n- (ii) adequately segregated from other explosives; and\n- (i) constructed to protect the explosives against impact, squeezing and theft; and\n- (ii) cleaned of residual explosives before being reused; and","sortOrder":113},{"sectionNumber":"sec.78","sectionType":"section","heading":"Record of underground storages","content":"### sec.78 Record of underground storages\n\nThe underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure an up-to-date record of the number and location of underground magazines and underground temporary storages is—\nkept at the mine; and\nmade available to an inspector at the inspector’s request.\ns 78 amd 2019 SL No. 140 s 21 sch 1\n- (a) kept at the mine; and\n- (b) made available to an inspector at the inspector’s request.","sortOrder":114},{"sectionNumber":"sec.79","sectionType":"section","heading":"Theft or other loss of explosives","content":"### sec.79 Theft or other loss of explosives\n\nThe site senior executive for a mine must ensure the mine has a system or written procedure for—\ndetecting theft or other loss of an explosive during any part of its life cycle; and\nreporting the theft or loss under section 195 of the Act .\nThe site senior executive must ensure the system or procedure provides for recording the following information about the theft or loss—\nthe type of explosive stolen or lost;\nthe date and time of the theft or loss;\nany identifying characteristic of the explosive.\ns 79 amd 2019 SL No. 140 s 21 sch 1\n(sec.79-ssec.1) The site senior executive for a mine must ensure the mine has a system or written procedure for— detecting theft or other loss of an explosive during any part of its life cycle; and reporting the theft or loss under section 195 of the Act .\n(sec.79-ssec.2) The site senior executive must ensure the system or procedure provides for recording the following information about the theft or loss— the type of explosive stolen or lost; the date and time of the theft or loss; any identifying characteristic of the explosive.\n- (a) detecting theft or other loss of an explosive during any part of its life cycle; and\n- (b) reporting the theft or loss under section 195 of the Act .\n- (a) the type of explosive stolen or lost;\n- (b) the date and time of the theft or loss;\n- (c) any identifying characteristic of the explosive.","sortOrder":115},{"sectionNumber":"sec.79A","sectionType":"section","heading":"Accountability for explosives","content":"### sec.79A Accountability for explosives\n\nA 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—\nif the person takes the explosives from storage at the mine, the person must—\ndeliver the explosives to a person authorised to receive them, and account for them on delivery; or\nuse the explosives, and account for their use;\nif 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;\nif the person uses the explosives, the person must—\naccount for the explosives; and\nreturn all explosives that are surplus to what is required to their storage location, and account for the explosives;\nthe person must account for the explosives if the explosives are destroyed or disposed of.\nIf 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 .\nIn this section—\naccount for , in relation to explosives, means—\naccurately detail, through appropriate record keeping, what happens to the explosives; and\nprovide enough information for detecting theft or other loss under the system or written procedure established under section 79 .\n(sec.79A-ssec.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— if the person takes the explosives from storage at the mine, the person must— deliver the explosives to a person authorised to receive them, and account for them on delivery; or use the explosives, and account for their use; 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; if the person uses the explosives, the person must— account for the explosives; and return all explosives that are surplus to what is required to their storage location, and account for the explosives; the person must account for the explosives if the explosives are destroyed or disposed of.\n(sec.79A-ssec.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 .\n(sec.79A-ssec.3) In this section— account for , in relation to explosives, means— accurately detail, through appropriate record keeping, what happens to the explosives; and provide enough information for detecting theft or other loss under the system or written procedure established under section 79 .\n- (a) if the person takes the explosives from storage at the mine, the person must— (i) deliver the explosives to a person authorised to receive them, and account for them on delivery; or (ii) use the explosives, and account for their use;\n- (i) deliver the explosives to a person authorised to receive them, and account for them on delivery; or\n- (ii) use the explosives, and account for their use;\n- (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;\n- (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;\n- (i) account for the explosives; and\n- (ii) return all explosives that are surplus to what is required to their storage location, and account for the explosives;\n- (d) the person must account for the explosives if the explosives are destroyed or disposed of.\n- (i) deliver the explosives to a person authorised to receive them, and account for them on delivery; or\n- (ii) use the explosives, and account for their use;\n- (i) account for the explosives; and\n- (ii) return all explosives that are surplus to what is required to their storage location, and account for the explosives;\n- (a) accurately detail, through appropriate record keeping, what happens to the explosives; and\n- (b) provide enough information for detecting theft or other loss under the system or written procedure established under section 79 .","sortOrder":116},{"sectionNumber":"ch.2-pt.8","sectionType":"part","heading":"Mine plans","content":"# Mine plans","sortOrder":117},{"sectionNumber":"sec.80","sectionType":"section","heading":"Survey grid system","content":"### sec.80 Survey grid system\n\nThe site senior executive for a mine must ensure—\na datum station is established near the mine for mine surveys and referenced to GDA and AHD; and\nif 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.\ns 80 amd 2019 SL No. 140 s 21 sch 1\n- (a) a datum station is established near the mine for mine surveys and referenced to GDA and AHD; and\n- (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.","sortOrder":118},{"sectionNumber":"sec.81","sectionType":"section","heading":"Protecting survey data against loss, damage or unauthorised access","content":"### sec.81 Protecting survey data against loss, damage or unauthorised access\n\nThe site senior executive for a mine must ensure the mine’s current survey data is kept in a secure way to protect the data against loss, damage or unauthorised access.\ns 81 amd 2019 SL No. 140 s 21 sch 1","sortOrder":119},{"sectionNumber":"sec.82","sectionType":"section","heading":"Plans of mine workings","content":"### sec.82 Plans of mine workings\n\nThe site senior executive for a mine must ensure survey plans of the mine workings include the following matters if they may affect the safety and health of a person in the workings—\nthe location of natural and artificial features;\nsurface drill holes.\nThe 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.\ns 82 amd 2019 SL No. 140 s 21 sch 1\n(sec.82-ssec.1) The site senior executive for a mine must ensure survey plans of the mine workings include the following matters if they may affect the safety and health of a person in the workings— the location of natural and artificial features; surface drill holes.\n(sec.82-ssec.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.\n- (a) the location of natural and artificial features;\n- (b) surface drill holes.","sortOrder":120},{"sectionNumber":"sec.83","sectionType":"section","heading":"Plans of operations undertaken at abandoned mine","content":"### sec.83 Plans of operations undertaken at abandoned mine\n\nThis 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.\nThe person must ensure the plans are in the format and of the quality required by the chief inspector.\nthe quality of paper or ink used for the plans\n(sec.83-ssec.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.\n(sec.83-ssec.2) The person must ensure the plans are in the format and of the quality required by the chief inspector. the quality of paper or ink used for the plans","sortOrder":121},{"sectionNumber":"ch.2-pt.9","sectionType":"part","heading":"Persons on site","content":"# Persons on site","sortOrder":122},{"sectionNumber":"ch.2-pt.9-div.1","sectionType":"division","heading":"Fitness","content":"## Fitness","sortOrder":123},{"sectionNumber":"sec.84","sectionType":"section","heading":"Alcohol and drugs","content":"### sec.84 Alcohol and drugs\n\nA 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.\nA person must not consume alcohol at a mine other than in—\nan accommodation facility; or\na recreation area designated, in writing, by the site senior executive for the mine for the purpose under a written procedure for designating the area.\ns 84 amd 2019 SL No. 140 s 21 sch 1\n(sec.84-ssec.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.\n(sec.84-ssec.2) A person must not consume alcohol at a mine other than in— an accommodation facility; or a recreation area designated, in writing, by the site senior executive for the mine for the purpose under a written procedure for designating the area.\n- (a) an accommodation facility; or\n- (b) a recreation area designated, in writing, by the site senior executive for the mine for the purpose under a written procedure for designating the area.","sortOrder":124},{"sectionNumber":"sec.85","sectionType":"section","heading":"Fitness of workers","content":"### sec.85 Fitness of workers\n\nThe site senior executive for a mine must ensure a worker at the mine does not carry out work at the mine unless the worker’s fitness level has been decided under section 87 as adequate for the work.\ns 85 amd 2019 SL No. 140 s 21 sch 1","sortOrder":125},{"sectionNumber":"sec.86","sectionType":"section","heading":"Worker’s self-assessment of fitness level","content":"### sec.86 Worker’s self-assessment of fitness level\n\nEach 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.","sortOrder":126},{"sectionNumber":"sec.87","sectionType":"section","heading":"Assessing workers to decide fitness level","content":"### sec.87 Assessing workers to decide fitness level\n\nThe site senior executive for a mine must ensure—\neach 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\na record of the assessment (a fitness assessment record ) is kept.\nThe assessment must be carried out in an appropriate way, including, for example, by a medical examination, having regard to the nature of the work.\nThe assessment must be carried out—\nbefore the worker first starts work at the mine; and\nwhenever the worker’s duties change; and\nperiodically, as necessary, to assess—\nchanges in the worker’s fitness for the work; or\nthe adequacy of the worker’s fitness level for the work.\nIf 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.\nThe appropriate doctor must give—\nthe site senior executive a fitness assessment report; and\nthe worker a copy and explanation of the report.\nThe worker’s employer must pay for the assessment and fitness assessment report.\nMaximum penalty—30 penalty units.\nSubsection (5) is not a safety and health obligation for the Act .\ns 87 amd 2019 SL No. 140 s 21 sch 1\n(sec.87-ssec.1) The site senior executive for a mine must ensure— 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 a record of the assessment (a fitness assessment record ) is kept.\n(sec.87-ssec.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.\n(sec.87-ssec.3) The assessment must be carried out— before the worker first starts work at the mine; and whenever the worker’s duties change; and periodically, as necessary, to assess— changes in the worker’s fitness for the work; or the adequacy of the worker’s fitness level for the work.\n(sec.87-ssec.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.\n(sec.87-ssec.4A) The appropriate doctor must give— the site senior executive a fitness assessment report; and the worker a copy and explanation of the report.\n(sec.87-ssec.5) The worker’s employer must pay for the assessment and fitness assessment report. Maximum penalty—30 penalty units.\n(sec.87-ssec.6) Subsection (5) is not a safety and health obligation for the Act .\n- (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\n- (b) a record of the assessment (a fitness assessment record ) is kept.\n- (a) before the worker first starts work at the mine; and\n- (b) whenever the worker’s duties change; and\n- (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.\n- (i) changes in the worker’s fitness for the work; or\n- (ii) the adequacy of the worker’s fitness level for the work.\n- (i) changes in the worker’s fitness for the work; or\n- (ii) the adequacy of the worker’s fitness level for the work.\n- (a) the site senior executive a fitness assessment report; and\n- (b) the worker a copy and explanation of the report.","sortOrder":127},{"sectionNumber":"sec.88","sectionType":"section","heading":"Fitness of visitors","content":"### sec.88 Fitness of visitors\n\nThe site senior executive for a mine must ensure a visitor does not enter an operating area at the mine unless, having regard to conditions prevailing in the area, the visitor’s fitness level is adequate to visit the area.\nThe site senior executive for a mine must also ensure—\nthe 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\na record of the assessment (also a fitness assessment record ), including, for example, a copy of the questionnaire, is kept.\ns 88 amd 2019 SL No. 140 s 21 sch 1\n(sec.88-ssec.1) The site senior executive for a mine must ensure a visitor does not enter an operating area at the mine unless, having regard to conditions prevailing in the area, the visitor’s fitness level is adequate to visit the area.\n(sec.88-ssec.2) The site senior executive for a mine must also ensure— 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 a record of the assessment (also a fitness assessment record ), including, for example, a copy of the questionnaire, is kept.\n- (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\n- (b) a record of the assessment (also a fitness assessment record ), including, for example, a copy of the questionnaire, is kept.","sortOrder":128},{"sectionNumber":"sec.89","sectionType":"section","heading":"Work hours and rest breaks","content":"### sec.89 Work hours and rest breaks\n\nA 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.","sortOrder":129},{"sectionNumber":"sec.90","sectionType":"section","heading":"Amenities for workers’ fitness and health","content":"### sec.90 Amenities for workers’ fitness and health\n\nThe site senior executive for a mine must ensure the mine has appropriate amenities for use by workers to maintain their fitness and health.\nWithout limiting subsection (1) , the amenities must include the following things, as appropriate, having regard to the nature of the mine’s operations—\nfood storage and consumption facilities;\nsupplies of cool drinking water;\nwashing and bathing facilities;\ntoilet facilities;\nrefuse disposal.\nAlso, if a worker remains on site between shifts, the amenities must include the following things—\nfacilities for rest, sleep and recreation;\nfood;\nprovision for washing clothes;\nan appropriate and effective communication system.\nThe site senior executive must also ensure the amenities are—\nwithin a reasonable distance of each workplace at the mine; and\nkept in a hygienic condition.\ns 90 amd 2019 SL No. 140 s 21 sch 1\n(sec.90-ssec.1) The site senior executive for a mine must ensure the mine has appropriate amenities for use by workers to maintain their fitness and health.\n(sec.90-ssec.2) Without limiting subsection (1) , the amenities must include the following things, as appropriate, having regard to the nature of the mine’s operations— food storage and consumption facilities; supplies of cool drinking water; washing and bathing facilities; toilet facilities; refuse disposal.\n(sec.90-ssec.3) Also, if a worker remains on site between shifts, the amenities must include the following things— facilities for rest, sleep and recreation; food; provision for washing clothes; an appropriate and effective communication system.\n(sec.90-ssec.4) The site senior executive must also ensure the amenities are— within a reasonable distance of each workplace at the mine; and kept in a hygienic condition.\n- (a) food storage and consumption facilities;\n- (b) supplies of cool drinking water;\n- (c) washing and bathing facilities;\n- (d) toilet facilities;\n- (e) refuse disposal.\n- (a) facilities for rest, sleep and recreation;\n- (b) food;\n- (c) provision for washing clothes;\n- (d) an appropriate and effective communication system.\n- (a) within a reasonable distance of each workplace at the mine; and\n- (b) kept in a hygienic condition.","sortOrder":130},{"sectionNumber":"ch.2-pt.9-div.2","sectionType":"division","heading":"Training and assessment","content":"## Training and assessment","sortOrder":131},{"sectionNumber":"sec.91","sectionType":"section","heading":"Induction training and assessment","content":"### sec.91 Induction training and assessment\n\nThe site senior executive for a mine must ensure each worker at the mine, and each operational ROC worker for 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 or for the mine—\nthe nature and layout of the mine’s operations;\nthe mine’s organisational structure and communication procedures;\nthe mine’s site procedures and practices;\nthe risk management process mentioned in part 2 , division 2 ;\nemergency procedures and basic first aid;\nthe Act and this regulation.\ns 91 amd 2019 SL No. 140 s 21 sch 1 ; 2024 SL No. 167 s 56\n- (a) the nature and layout of the mine’s operations;\n- (b) the mine’s organisational structure and communication procedures;\n- (c) the mine’s site procedures and practices;\n- (d) the risk management process mentioned in part 2 , division 2 ;\n- (e) emergency procedures and basic first aid;\n- (f) the Act and this regulation.","sortOrder":132},{"sectionNumber":"sec.92","sectionType":"section","heading":"Persons who have not completed induction training","content":"### sec.92 Persons who have not completed induction training\n\nThe site senior executive for a mine must ensure a person who has not completed induction training under section 91 is—\nsupervised by a worker who has completed the induction training when the person is in a workplace at the mine; and\ngiven sufficient information on, and instruction in, the following matters to enable the person to respond appropriately in an emergency situation—\nthe mine’s work practices and emergency procedures;\nthe use of protective and emergency equipment; and\nmade aware of the person’s safety and health obligations under section 36 of the Act .\ns 92 amd 2019 SL No. 140 s 21 sch 1\n- (a) supervised by a worker who has completed the induction training when the person is in a workplace at the mine; and\n- (b) given sufficient information on, and instruction in, the following matters to enable the person to respond appropriately in an emergency situation— (i) the mine’s work practices and emergency procedures; (ii) the use of protective and emergency equipment; and\n- (i) the mine’s work practices and emergency procedures;\n- (ii) the use of protective and emergency equipment; and\n- (c) made aware of the person’s safety and health obligations under section 36 of the Act .\n- (i) the mine’s work practices and emergency procedures;\n- (ii) the use of protective and emergency equipment; and","sortOrder":133},{"sectionNumber":"sec.93","sectionType":"section","heading":"Training","content":"### sec.93 Training\n\nThe site senior executive for a mine must ensure each worker at the mine, and each operational ROC worker for the mine, is trained, if necessary, and periodically assessed, to ensure the worker has—\nadequate 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 or for the mine; and\nadequate skill to carry out the processes, handle the materials and operate the plant; and\nadequate ability to access and understand the procedures and standard work instructions for the worker’s duties.\nThe safety and health management system includes obligations relating to critical control management—see section 55 (5) (e) of the Act .\nThe training must be carried out in an appropriate way, including, for example, by formal training courses or informal on-the-job instruction.\nThe assessment must be carried out in an appropriate way, including, for example, by examination, test or proof of relevant prior learning.\nThe site senior executive for a mine must also ensure a person being trained or assessed does not carry out work at the mine unless the person is adequately supervised to prevent creating an unacceptable level of risk.\nSubsection (4) does not apply to work carried out by the person in an emergency.\ns 93 amd 2019 SL No. 140 s 21 sch 1 ; 2024 SL No. 167 s 57\n(sec.93-ssec.1) The site senior executive for a mine must ensure each worker at the mine, and each operational ROC worker for the mine, is trained, if necessary, and periodically assessed, to ensure the worker has— 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 or for the mine; and adequate skill to carry out the processes, handle the materials and operate the plant; and adequate ability to access and understand the procedures and standard work instructions for the worker’s duties. The safety and health management system includes obligations relating to critical control management—see section 55 (5) (e) of the Act .\n(sec.93-ssec.2) The training must be carried out in an appropriate way, including, for example, by formal training courses or informal on-the-job instruction.\n(sec.93-ssec.3) The assessment must be carried out in an appropriate way, including, for example, by examination, test or proof of relevant prior learning.\n(sec.93-ssec.4) The site senior executive for a mine must also ensure a person being trained or assessed does not carry out work at the mine unless the person is adequately supervised to prevent creating an unacceptable level of risk.\n(sec.93-ssec.5) Subsection (4) does not apply to work carried out by the person in an emergency.\n- (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 or for the mine; and\n- (b) adequate skill to carry out the processes, handle the materials and operate the plant; and\n- (c) adequate ability to access and understand the procedures and standard work instructions for the worker’s duties.","sortOrder":134},{"sectionNumber":"sec.94","sectionType":"section","heading":"Record of training","content":"### sec.94 Record of training\n\nThe site senior executive for a mine must ensure a record is kept, in the mine record, of the training given to, and assessment of, each worker under this division.\ns 94 amd 2019 SL No. 140 s 21 sch 1 ; 2024 SL No. 167 s 58","sortOrder":135},{"sectionNumber":"ch.2-pt.9-div.3","sectionType":"division","heading":"Carrying out tasks","content":"## Carrying out tasks","sortOrder":136},{"sectionNumber":"sec.95","sectionType":"section","heading":"Time and resources for carrying out tasks","content":"### sec.95 Time and resources for carrying out tasks\n\nThe site senior executive for a mine must ensure time is allocated, and the mine’s resources are distributed, to enable each worker at the mine to carry out the worker’s tasks without creating an unacceptable level of risk.\nWithout 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.\nIn this section—\nresources includes the following things—\naccess and transport;\ncommunication methods;\nfacilities, materials and plant;\nconsumable items, spare parts and personal protective equipment\nleadership, guidance and training;\nprocedures, including procedures for coordinating activities, and standard work instructions and other relevant information.\ns 95 amd 2019 SL No. 140 s 21 sch 1 ; 2024 SL No. 167 s 59\n(sec.95-ssec.1) The site senior executive for a mine must ensure time is allocated, and the mine’s resources are distributed, to enable each worker at the mine to carry out the worker’s tasks without creating an unacceptable level of risk.\n(sec.95-ssec.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.\n(sec.95-ssec.3) In this section— resources includes the following things— access and transport; communication methods; facilities, materials and plant; consumable items, spare parts and personal protective equipment leadership, guidance and training; procedures, including procedures for coordinating activities, and standard work instructions and other relevant information.\n- (a) access and transport;\n- (b) communication methods;\n- (c) facilities, materials and plant; Examples— consumable items, spare parts and personal protective equipment\n- (d) leadership, guidance and training;\n- (e) procedures, including procedures for coordinating activities, and standard work instructions and other relevant information.","sortOrder":137},{"sectionNumber":"sec.95A","sectionType":"section","heading":"Supervisor’s responsibilities","content":"### sec.95A Supervisor’s responsibilities\n\nA supervisor for a mine has the following responsibilities—\nensuring each worker for whom the supervisor has responsibilities is given the supervision and help mentioned in sections 95 (2) and 96 ;\nobserving each worker for whom the supervisor has responsibilities perform tasks;\ncarrying out inspections of workplaces at the mine as required under the mine’s safety and health management system;\nrecording reports of, and findings and recommendations resulting from, inspections mentioned in paragraph (c) in the mine record;\nimplementing and monitoring hazard controls and risk controls as required under the mine’s safety and health management system.\ns 95A ins 2024 SL No. 167 s 60\n- (a) ensuring each worker for whom the supervisor has responsibilities is given the supervision and help mentioned in sections 95 (2) and 96 ;\n- (b) observing each worker for whom the supervisor has responsibilities perform tasks;\n- (c) carrying out inspections of workplaces at the mine as required under the mine’s safety and health management system;\n- (d) recording reports of, and findings and recommendations resulting from, inspections mentioned in paragraph (c) in the mine record;\n- (e) implementing and monitoring hazard controls and risk controls as required under the mine’s safety and health management system.","sortOrder":138},{"sectionNumber":"sec.96","sectionType":"section","heading":"Supervising workers","content":"### sec.96 Supervising workers\n\nWithout limiting section 95 (2) , the site senior executive for a mine must ensure the mine’s activities and workers are supervised to the extent necessary to ensure each worker—\nis not likely to be exposed to conditions beyond the worker’s capabilities; and\nis 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\nhas the resources necessary to carry out the worker’s tasks without being exposed to an unacceptable level of risk; and\nis working within the limits of the worker’s fitness and competence; and\ncomplies with the worker’s safety and health obligations.\nThe supervision must include communication, including direct contact, at appropriate intervals by the worker’s supervisor.\ns 96 amd 2019 SL No. 140 s 21 sch 1\n(sec.96-ssec.1) Without limiting section 95 (2) , the site senior executive for a mine must ensure the mine’s activities and workers are supervised to the extent necessary to ensure each worker— is not likely to be exposed to conditions beyond the worker’s capabilities; and 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 has the resources necessary to carry out the worker’s tasks without being exposed to an unacceptable level of risk; and is working within the limits of the worker’s fitness and competence; and complies with the worker’s safety and health obligations.\n(sec.96-ssec.2) The supervision must include communication, including direct contact, at appropriate intervals by the worker’s supervisor.\n- (a) is not likely to be exposed to conditions beyond the worker’s capabilities; and\n- (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\n- (c) has the resources necessary to carry out the worker’s tasks without being exposed to an unacceptable level of risk; and\n- (d) is working within the limits of the worker’s fitness and competence; and\n- (e) complies with the worker’s safety and health obligations.","sortOrder":139},{"sectionNumber":"sec.97","sectionType":"section","heading":"Communicating with workers working alone underground","content":"### sec.97 Communicating with workers working alone underground\n\nThis 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.\nThe site senior executive for the mine must ensure the worker is communicated with at intervals of not more than 2 hours.\nThis section does not apply at a mine where only 1 person works.\ns 97 amd 2019 SL No. 140 s 21 sch 1\n(sec.97-ssec.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.\n(sec.97-ssec.2) The site senior executive for the mine must ensure the worker is communicated with at intervals of not more than 2 hours.\n(sec.97-ssec.3) This section does not apply at a mine where only 1 person works.","sortOrder":140},{"sectionNumber":"sec.98","sectionType":"section","heading":"Checking work quality","content":"### sec.98 Checking work quality\n\nThis 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.\nThe 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.\nx-raying a weld in a pressure vessel or checking design calculations\n(sec.98-ssec.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.\n(sec.98-ssec.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. x-raying a weld in a pressure vessel or checking design calculations","sortOrder":141},{"sectionNumber":"ch.2-pt.9-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":142},{"sectionNumber":"sec.99","sectionType":"section","heading":"Entering a workplace","content":"### sec.99 Entering a workplace\n\nEach 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—\nthe normal activities in the workplace; and\nany incident or emergency likely to occur.\n- (a) the normal activities in the workplace; and\n- (b) any incident or emergency likely to occur.","sortOrder":143},{"sectionNumber":"ch.2-pt.10","sectionType":"part","heading":"Plant generally","content":"# Plant generally","sortOrder":144},{"sectionNumber":"ch.2-pt.10-div.1","sectionType":"division","heading":"Selection and design","content":"## Selection and design","sortOrder":145},{"sectionNumber":"sec.100","sectionType":"section","heading":"Selection and design","content":"### sec.100 Selection and design\n\nA 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—\nthe plant—\nis fit for its intended use and use in its intended work environment, including, for example, a hazardous area; and\nis ergonomically compatible with persons operating or maintaining the plant; and\nhas appropriate provision for safe access, egress and maintenance; and\nif it is necessary for managing risk from the plant and it is reasonably practicable, the plant—\nfails to safety; and\ndoes not fail catastrophically or by common mode or cascade failure; and\nincorporates appropriate engineering controls to protect the plant operator and other persons; and\nguards on moving parts, rollover protection, falling object protection, noise insulation or seatbelts\nincorporates appropriate backup systems to ensure plant remains under control if its primary system fails; and\na vehicle’s parking brake to backup its service brake\nis designed so its condition and performance can be monitored and incipient failures detected.\nIn this section—\nhazardous 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.\nelectrical equipment, naked flames, sparks from grinding and welding operations, and hot surfaces\n(sec.100-ssec.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— the plant— is fit for its intended use and use in its intended work environment, including, for example, a hazardous area; and is ergonomically compatible with persons operating or maintaining the plant; and has appropriate provision for safe access, egress and maintenance; and if it is necessary for managing risk from the plant and it is reasonably practicable, the plant— fails to safety; and does not fail catastrophically or by common mode or cascade failure; and incorporates appropriate engineering controls to protect the plant operator and other persons; and guards on moving parts, rollover protection, falling object protection, noise insulation or seatbelts incorporates appropriate backup systems to ensure plant remains under control if its primary system fails; and a vehicle’s parking brake to backup its service brake is designed so its condition and performance can be monitored and incipient failures detected.\n(sec.100-ssec.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. electrical equipment, naked flames, sparks from grinding and welding operations, and hot surfaces\n- (a) the plant— (i) is fit for its intended use and use in its intended work environment, including, for example, a hazardous area; and (ii) is ergonomically compatible with persons operating or maintaining the plant; and (iii) has appropriate provision for safe access, egress and maintenance; and\n- (i) is fit for its intended use and use in its intended work environment, including, for example, a hazardous area; and\n- (ii) is ergonomically compatible with persons operating or maintaining the plant; and\n- (iii) has appropriate provision for safe access, egress and maintenance; and\n- (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.\n- (i) fails to safety; and\n- (ii) does not fail catastrophically or by common mode or cascade failure; and\n- (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\n- (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\n- (v) is designed so its condition and performance can be monitored and incipient failures detected.\n- (i) is fit for its intended use and use in its intended work environment, including, for example, a hazardous area; and\n- (ii) is ergonomically compatible with persons operating or maintaining the plant; and\n- (iii) has appropriate provision for safe access, egress and maintenance; and\n- (i) fails to safety; and\n- (ii) does not fail catastrophically or by common mode or cascade failure; and\n- (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\n- (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\n- (v) is designed so its condition and performance can be monitored and incipient failures detected.","sortOrder":146},{"sectionNumber":"sec.101","sectionType":"section","heading":"Instrumentation and warning devices","content":"### sec.101 Instrumentation and warning devices\n\nA 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—\ninstrumentation to enable monitoring of the plant’s operation and condition; and\nwarning devices to warn persons near the plant of its start-up, operation or failure.\n- (a) instrumentation to enable monitoring of the plant’s operation and condition; and\n- (b) warning devices to warn persons near the plant of its start-up, operation or failure.","sortOrder":147},{"sectionNumber":"sec.102","sectionType":"section","heading":"Plant controls and control systems","content":"### sec.102 Plant controls and control systems\n\nA 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—\nthe controls—\nhave a standard method of operation or are marked or labelled to state their method of operation; and\nare easily identifiable, including, for example, by a label, as the controls for the plant, or part of plant, they control; and\nthe control systems provide for—\neffective communication between persons involved in the plant’s operation or maintenance; and\nshutting the plant down or otherwise bringing the plant to a safe state in an emergency.\nThe person must also ensure—\na remote control system is capable of being disabled at the plant; and\nan automatic control system is capable of being disabled at the plant and overridden manually.\nIf, 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—\na remote control system for the plant shuts the plant down safely if communication with the system is lost; and\nan automatic control system for the plant shuts the plant down safely if the control system fails; and\nthe control systems shut the plant down or otherwise bring the plant to a safe state if—\nthe plant operates outside its design parameters; or\nan engineering control for the plant fails.\n(sec.102-ssec.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— the controls— have a standard method of operation or are marked or labelled to state their method of operation; and are easily identifiable, including, for example, by a label, as the controls for the plant, or part of plant, they control; and the control systems provide for— effective communication between persons involved in the plant’s operation or maintenance; and shutting the plant down or otherwise bringing the plant to a safe state in an emergency.\n(sec.102-ssec.2) The person must also ensure— a remote control system is capable of being disabled at the plant; and an automatic control system is capable of being disabled at the plant and overridden manually.\n(sec.102-ssec.3) If, having regard to the nature and level of risk from plant used at the mine, it is necessary for managing the risk, the person must also ensure— a remote control system for the plant shuts the plant down safely if communication with the system is lost; and an automatic control system for the plant shuts the plant down safely if the control system fails; and the control systems shut the plant down or otherwise bring the plant to a safe state if— the plant operates outside its design parameters; or an engineering control for the plant fails.\n- (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\n- (i) have a standard method of operation or are marked or labelled to state their method of operation; and\n- (ii) are easily identifiable, including, for example, by a label, as the controls for the plant, or part of plant, they control; and\n- (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.\n- (i) effective communication between persons involved in the plant’s operation or maintenance; and\n- (ii) shutting the plant down or otherwise bringing the plant to a safe state in an emergency.\n- (i) have a standard method of operation or are marked or labelled to state their method of operation; and\n- (ii) are easily identifiable, including, for example, by a label, as the controls for the plant, or part of plant, they control; and\n- (i) effective communication between persons involved in the plant’s operation or maintenance; and\n- (ii) shutting the plant down or otherwise bringing the plant to a safe state in an emergency.\n- (a) a remote control system is capable of being disabled at the plant; and\n- (b) an automatic control system is capable of being disabled at the plant and overridden manually.\n- (a) a remote control system for the plant shuts the plant down safely if communication with the system is lost; and\n- (b) an automatic control system for the plant shuts the plant down safely if the control system fails; and\n- (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.\n- (i) the plant operates outside its design parameters; or\n- (ii) an engineering control for the plant fails.\n- (i) the plant operates outside its design parameters; or\n- (ii) an engineering control for the plant fails.","sortOrder":148},{"sectionNumber":"sec.103","sectionType":"section","heading":"Isolation facility","content":"### sec.103 Isolation facility\n\nIf, having regard to the nature and level of risk from plant used at a mine, it is necessary for managing the risk, the site senior executive for the mine must ensure the plant has a facility for—\npreventing its operation; or\npreventing or controlling the release of its stored energy; or\nisolating its energy supply.\nThe site senior executive must ensure the facility is capable of being locked-out and tagged or otherwise secured.\ns 103 amd 2019 SL No. 140 s 21 sch 1\n(sec.103-ssec.1) If, having regard to the nature and level of risk from plant used at a mine, it is necessary for managing the risk, the site senior executive for the mine must ensure the plant has a facility for— preventing its operation; or preventing or controlling the release of its stored energy; or isolating its energy supply.\n(sec.103-ssec.2) The site senior executive must ensure the facility is capable of being locked-out and tagged or otherwise secured.\n- (a) preventing its operation; or\n- (b) preventing or controlling the release of its stored energy; or\n- (c) isolating its energy supply.","sortOrder":149},{"sectionNumber":"ch.2-pt.10-div.2","sectionType":"division","heading":"Other provisions about plant","content":"## Other provisions about plant","sortOrder":150},{"sectionNumber":"sec.104","sectionType":"section","heading":"Manufacture, construction, storage, transport and installation","content":"### sec.104 Manufacture, construction, storage, transport and installation\n\nThe operator or site senior executive for a mine must ensure plant used, or intended for use, at the mine is manufactured, constructed, stored, transported and installed in accordance with any applicable specifications and instructions.\nFor fixed plant, the operator or site senior executive must also ensure—\nthe plant is installed in a location and environment that is compatible with the plant and its use; and\nthe mine layout incorporates appropriate facilities and adequate space for—\naccess to and egress from the plant during emergencies; and\nthe plant’s operation, monitoring, servicing and maintenance.\ns 104 amd 2019 SL No. 140 s 21 sch 1\n(sec.104-ssec.1) The operator or site senior executive for a mine must ensure plant used, or intended for use, at the mine is manufactured, constructed, stored, transported and installed in accordance with any applicable specifications and instructions.\n(sec.104-ssec.2) For fixed plant, the operator or site senior executive must also ensure— the plant is installed in a location and environment that is compatible with the plant and its use; and the mine layout incorporates appropriate facilities and adequate space for— access to and egress from the plant during emergencies; and the plant’s operation, monitoring, servicing and maintenance.\n- (a) the plant is installed in a location and environment that is compatible with the plant and its use; and\n- (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.\n- (i) access to and egress from the plant during emergencies; and\n- (ii) the plant’s operation, monitoring, servicing and maintenance.\n- (i) access to and egress from the plant during emergencies; and\n- (ii) the plant’s operation, monitoring, servicing and maintenance.","sortOrder":151},{"sectionNumber":"sec.105","sectionType":"section","heading":"Commissioning","content":"### sec.105 Commissioning\n\nThe operator or site senior executive for a mine must ensure plant is commissioned in its operating environment at the mine before the plant is used to ensure the following matters—\nits integration into the operating environment and associated systems;\nthe plant performs within its specifications, if any, held at the mine under section 112 ;\nhazard controls for the plant are adequate and operating within the specifications mentioned in paragraph (b) ;\nmine workers who are required to operate the plant are competent to operate the plant safely.\nThe operator or site senior executive must ensure—\nthe commissioning is carried out in accordance with the manufacturer’s instructions; and\nadequate precautions are taken to protect the safety and health of persons if—\nthe plant fails during commissioning; or\nit is necessary to commission the plant without all hazard controls for the plant operating effectively.\ns 105 amd 2019 SL No. 140 s 21 sch 1\n(sec.105-ssec.1) The operator or site senior executive for a mine must ensure plant is commissioned in its operating environment at the mine before the plant is used to ensure the following matters— its integration into the operating environment and associated systems; the plant performs within its specifications, if any, held at the mine under section 112 ; hazard controls for the plant are adequate and operating within the specifications mentioned in paragraph (b) ; mine workers who are required to operate the plant are competent to operate the plant safely.\n(sec.105-ssec.2) The operator or site senior executive must ensure— the commissioning is carried out in accordance with the manufacturer’s instructions; and adequate precautions are taken to protect the safety and health of persons if— the plant fails during commissioning; or it is necessary to commission the plant without all hazard controls for the plant operating effectively.\n- (a) its integration into the operating environment and associated systems;\n- (b) the plant performs within its specifications, if any, held at the mine under section 112 ;\n- (c) hazard controls for the plant are adequate and operating within the specifications mentioned in paragraph (b) ;\n- (d) mine workers who are required to operate the plant are competent to operate the plant safely.\n- (a) the commissioning is carried out in accordance with the manufacturer’s instructions; and\n- (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.\n- (i) the plant fails during commissioning; or\n- (ii) it is necessary to commission the plant without all hazard controls for the plant operating effectively.\n- (i) the plant fails during commissioning; or\n- (ii) it is necessary to commission the plant without all hazard controls for the plant operating effectively.","sortOrder":152},{"sectionNumber":"sec.106","sectionType":"section","heading":"Operating plant","content":"### sec.106 Operating plant\n\nA 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—\nin a way that creates an unacceptable level of risk; or\nif inspections, tests or monitoring show the plant is unfit for use; or\nif the plant is locked-out and tagged.\n- (a) in a way that creates an unacceptable level of risk; or\n- (b) if inspections, tests or monitoring show the plant is unfit for use; or\n- (c) if the plant is locked-out and tagged.","sortOrder":153},{"sectionNumber":"sec.107","sectionType":"section","heading":"Isolating, locking-out and tagging plant","content":"### sec.107 Isolating, locking-out and tagging plant\n\nA mine’s safety and health management system must provide for the following matters—\nisolating plant, including effectively isolating plant to control the risk from a release of energy;\ntaking plant out of service;\ntesting plant or its energy source for zero potential;\nreturning plant to service.\nThe 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) .\nIf 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.\n(sec.107-ssec.1) A mine’s safety and health management system must provide for the following matters— isolating plant, including effectively isolating plant to control the risk from a release of energy; taking plant out of service; testing plant or its energy source for zero potential; returning plant to service.\n(sec.107-ssec.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) .\n(sec.107-ssec.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.\n- (a) isolating plant, including effectively isolating plant to control the risk from a release of energy;\n- (b) taking plant out of service;\n- (c) testing plant or its energy source for zero potential;\n- (d) returning plant to service.","sortOrder":154},{"sectionNumber":"sec.108","sectionType":"section","heading":"Monitoring","content":"### sec.108 Monitoring\n\nA 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—\ndetect any deterioration causing an unacceptable level of risk; and\ndecide if the plant is likely to operate without causing an unacceptable level of risk until the plant is next monitored; and\nprovide information for preventive maintenance.\nThe person must ensure the monitoring is carried out—\nduring the plant’s use at scheduled intervals or continuously, or after scheduled periods of use; and\notherwise as necessary.\n(sec.108-ssec.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— detect any deterioration causing an unacceptable level of risk; and decide if the plant is likely to operate without causing an unacceptable level of risk until the plant is next monitored; and provide information for preventive maintenance.\n(sec.108-ssec.2) The person must ensure the monitoring is carried out— during the plant’s use at scheduled intervals or continuously, or after scheduled periods of use; and otherwise as necessary.\n- (a) detect any deterioration causing an unacceptable level of risk; and\n- (b) decide if the plant is likely to operate without causing an unacceptable level of risk until the plant is next monitored; and\n- (c) provide information for preventive maintenance.\n- (a) during the plant’s use at scheduled intervals or continuously, or after scheduled periods of use; and\n- (b) otherwise as necessary.","sortOrder":155},{"sectionNumber":"sec.109","sectionType":"section","heading":"Service and maintenance","content":"### sec.109 Service and maintenance\n\nThe operator or site senior executive for a mine must ensure plant in use at the mine is serviced and maintained so the plant—\nis capable of performing its intended functions; and\nis within the condition and performance limits of its specifications.\nIf 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.\nIf 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.\ns 109 amd 2019 SL No. 140 s 21 sch 1\n(sec.109-ssec.1) The operator or site senior executive for a mine must ensure plant in use at the mine is serviced and maintained so the plant— is capable of performing its intended functions; and is within the condition and performance limits of its specifications.\n(sec.109-ssec.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.\n(sec.109-ssec.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.\n- (a) is capable of performing its intended functions; and\n- (b) is within the condition and performance limits of its specifications.","sortOrder":156},{"sectionNumber":"sec.110","sectionType":"section","heading":"Repair or modification","content":"### sec.110 Repair or modification\n\nIf plant at a mine is repaired or modified in a way that could affect the plant’s fitness for use for its intended purpose, the site senior executive for the mine must ensure sections 100 to 105 are complied with.\ns 110 amd 2019 SL No. 140 s 21 sch 1","sortOrder":157},{"sectionNumber":"sec.111","sectionType":"section","heading":"Dismantling or demolition","content":"### sec.111 Dismantling or demolition\n\nThe site senior executive for a mine must ensure—\nas far as reasonably practicable, sources of energy and hazardous chemicals are removed from plant before the plant is dismantled or demolished; and\nthe dismantling or demolition is carried out in accordance with any relevant instructions for the plant’s safe dismantling or demolition.\ns 111 amd 2019 SL No. 140 s 21 sch 1\n- (a) as far as reasonably practicable, sources of energy and hazardous chemicals are removed from plant before the plant is dismantled or demolished; and\n- (b) the dismantling or demolition is carried out in accordance with any relevant instructions for the plant’s safe dismantling or demolition.","sortOrder":158},{"sectionNumber":"ch.2-pt.10-div.3","sectionType":"division","heading":"Information and records","content":"## Information and records","sortOrder":159},{"sectionNumber":"sec.112","sectionType":"section","heading":"Specifications, instructions and other information about plant","content":"### sec.112 Specifications, instructions and other information about plant\n\nIf, having regard to the nature and level of risk from plant used at a mine, it is necessary for managing the risk, the site senior executive for the mine must ensure—\nthe mine has written specifications for the plant and instructions for its use; and\na copy of the specifications is available to, and readily accessible by, each worker required to use the plant at the mine; and\na 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.\nThe specifications must include the following matters, as appropriate, having regard to the nature and level of risk from the plant—\nthe plant’s intended use and environment;\nits design envelope, including limits for its normal and abnormal use and life;\nits condition and performance limits;\nhazards associated with the plant and its materials;\nits failure modes;\nits safeguards and protective systems;\ndesign drawings and calculations, and specifications for its materials and parts;\nthe knowledge and competency requirements for persons installing, commissioning, operating, monitoring, servicing, maintaining and disposing of the plant.\nThe 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—\ntransport, storage and installation;\ncommissioning;\noperation;\nmonitoring;\nservicing and maintenance;\ndismantling and demolition.\nAlso, 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.\ns 112 amd 2019 SL No. 140 s 21 sch 1\n(sec.112-ssec.1) If, having regard to the nature and level of risk from plant used at a mine, it is necessary for managing the risk, the site senior executive for the mine must ensure— the mine has written specifications for the plant and instructions for its use; and a copy of the specifications is available to, and readily accessible by, each worker required to use the plant at the mine; and 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.\n(sec.112-ssec.2) The specifications must include the following matters, as appropriate, having regard to the nature and level of risk from the plant— the plant’s intended use and environment; its design envelope, including limits for its normal and abnormal use and life; its condition and performance limits; hazards associated with the plant and its materials; its failure modes; its safeguards and protective systems; design drawings and calculations, and specifications for its materials and parts; the knowledge and competency requirements for persons installing, commissioning, operating, monitoring, servicing, maintaining and disposing of the plant.\n(sec.112-ssec.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— transport, storage and installation; commissioning; operation; monitoring; servicing and maintenance; dismantling and demolition.\n(sec.112-ssec.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.\n- (a) the mine has written specifications for the plant and instructions for its use; and\n- (b) a copy of the specifications is available to, and readily accessible by, each worker required to use the plant at the mine; and\n- (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.\n- (a) the plant’s intended use and environment;\n- (b) its design envelope, including limits for its normal and abnormal use and life;\n- (c) its condition and performance limits;\n- (d) hazards associated with the plant and its materials;\n- (e) its failure modes;\n- (f) its safeguards and protective systems;\n- (g) design drawings and calculations, and specifications for its materials and parts;\n- (h) the knowledge and competency requirements for persons installing, commissioning, operating, monitoring, servicing, maintaining and disposing of the plant.\n- (a) transport, storage and installation;\n- (b) commissioning;\n- (c) operation;\n- (d) monitoring;\n- (e) servicing and maintenance;\n- (f) dismantling and demolition.","sortOrder":160},{"sectionNumber":"sec.113","sectionType":"section","heading":"Records","content":"### sec.113 Records\n\nIf, having regard to the nature and level of risk from plant used at a mine, it is necessary for managing the risk, the site senior executive for the mine must ensure a record is kept at the mine about—\nthe plant’s—\nmanufacture, construction, storage, transport, and installation; and\ncommissioning; and\nuse; and\nservicing and maintenance; and\nrepair and modification; and\ninspection, testing and monitoring, and any action taken as a result of the inspection, testing and monitoring; and\nincidents, damage and operation happening outside the plant’s design envelope.\nFor 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.\nThe site senior executive must ensure the records are—\nkept for the life of the plant or until its earlier permanent decommissioning or disposal; and\navailable to, and readily accessible by, each worker using the plant at the mine.\ns 113 amd 2019 SL No. 140 s 21 sch 1\n(sec.113-ssec.1) If, having regard to the nature and level of risk from plant used at a mine, it is necessary for managing the risk, the site senior executive for the mine must ensure a record is kept at the mine about— the plant’s— manufacture, construction, storage, transport, and installation; and commissioning; and use; and servicing and maintenance; and repair and modification; and inspection, testing and monitoring, and any action taken as a result of the inspection, testing and monitoring; and incidents, damage and operation happening outside the plant’s design envelope.\n(sec.113-ssec.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.\n(sec.113-ssec.3) The site senior executive must ensure the records are— kept for the life of the plant or until its earlier permanent decommissioning or disposal; and available to, and readily accessible by, each worker using the plant at the mine.\n- (a) the plant’s— (i) manufacture, construction, storage, transport, and installation; and (ii) commissioning; and (iii) use; and (iv) servicing and maintenance; and (v) repair and modification; and (vi) inspection, testing and monitoring, and any action taken as a result of the inspection, testing and monitoring; and\n- (i) manufacture, construction, storage, transport, and installation; and\n- (ii) commissioning; and\n- (iii) use; and\n- (iv) servicing and maintenance; and\n- (v) repair and modification; and\n- (vi) inspection, testing and monitoring, and any action taken as a result of the inspection, testing and monitoring; and\n- (b) incidents, damage and operation happening outside the plant’s design envelope.\n- (i) manufacture, construction, storage, transport, and installation; and\n- (ii) commissioning; and\n- (iii) use; and\n- (iv) servicing and maintenance; and\n- (v) repair and modification; and\n- (vi) inspection, testing and monitoring, and any action taken as a result of the inspection, testing and monitoring; and\n- (a) kept for the life of the plant or until its earlier permanent decommissioning or disposal; and\n- (b) available to, and readily accessible by, each worker using the plant at the mine.","sortOrder":161},{"sectionNumber":"ch.2-pt.11","sectionType":"part","heading":"Procedures and standard work instructions","content":"# Procedures and standard work instructions","sortOrder":162},{"sectionNumber":"sec.114","sectionType":"section","heading":"Procedures and standard work instructions for particular operations","content":"### sec.114 Procedures and standard work instructions for particular operations\n\nThis 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—\nuniform and consistent in their performance or results; or\ncompatible with other operations at the mine.\nThe site senior executive for the mine must ensure the mine has a written procedure or standard work instruction for carrying out the operations.\ns 114 amd 2019 SL No. 140 s 21 sch 1\n(sec.114-ssec.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— uniform and consistent in their performance or results; or compatible with other operations at the mine.\n(sec.114-ssec.2) The site senior executive for the mine must ensure the mine has a written procedure or standard work instruction for carrying out the operations.\n- (a) uniform and consistent in their performance or results; or\n- (b) compatible with other operations at the mine.","sortOrder":163},{"sectionNumber":"sec.115","sectionType":"section","heading":"Accessing current procedures and standard work instructions","content":"### sec.115 Accessing current procedures and standard work instructions\n\nThe site senior executive for a mine must ensure—\nthe issue and availability of the mine’s written procedures and standard work instructions are controlled to ensure only current versions are in use; and\neach worker at the mine, and each operational ROC worker for the mine, is aware of the current written procedures and standard work instructions for the part of the mine’s operations in which, or for which, the worker works; and\ncopies of the current procedures and instructions are available to each worker to whom the procedures and instructions apply.\ns 115 amd 2019 SL No. 140 s 21 sch 1 ; 2024 SL No. 167 s 61\n- (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\n- (b) each worker at the mine, and each operational ROC worker for the mine, is aware of the current written procedures and standard work instructions for the part of the mine’s operations in which, or for which, the worker works; and\n- (c) copies of the current procedures and instructions are available to each worker to whom the procedures and instructions apply.","sortOrder":164},{"sectionNumber":"sec.116","sectionType":"section","heading":"Written procedures","content":"### sec.116 Written procedures\n\nThe site senior executive for a mine must ensure each written procedure for an activity carried out at the mine includes the following information—\nthe procedure’s purpose;\nthe activity to which the procedure applies;\nthe responsibilities of persons involved in the activity;\na description of how the activity must be carried out;\na reference to relevant standard work instructions and other relevant written procedures;\nan appropriate identification, including the procedure’s version number and date of issue.\ns 116 amd 2019 SL No. 140 s 21 sch 1\n- (a) the procedure’s purpose;\n- (b) the activity to which the procedure applies;\n- (c) the responsibilities of persons involved in the activity;\n- (d) a description of how the activity must be carried out;\n- (e) a reference to relevant standard work instructions and other relevant written procedures;\n- (f) an appropriate identification, including the procedure’s version number and date of issue.","sortOrder":165},{"sectionNumber":"sec.117","sectionType":"section","heading":"Standard work instructions","content":"### sec.117 Standard work instructions\n\nThe site senior executive for a mine must ensure each standard work instruction for a task at the mine is—\nin a form suitable for use at the site where the task is carried out; and\neasily understandable by persons carrying out the task; and\nas brief and concise as is reasonable.\nThe site senior executive must ensure the standard work instruction includes the following information—\nthe purpose of the task;\na description of how the task must be carried out;\na reference to relevant written procedures and other relevant standard work instructions;\nan appropriate identification, including the instruction’s version number and date of issue.\ns 117 amd 2019 SL No. 140 s 21 sch 1\n(sec.117-ssec.1) The site senior executive for a mine must ensure each standard work instruction for a task at the mine is— in a form suitable for use at the site where the task is carried out; and easily understandable by persons carrying out the task; and as brief and concise as is reasonable.\n(sec.117-ssec.2) The site senior executive must ensure the standard work instruction includes the following information— the purpose of the task; a description of how the task must be carried out; a reference to relevant written procedures and other relevant standard work instructions; an appropriate identification, including the instruction’s version number and date of issue.\n- (a) in a form suitable for use at the site where the task is carried out; and\n- (b) easily understandable by persons carrying out the task; and\n- (c) as brief and concise as is reasonable.\n- (a) the purpose of the task;\n- (b) a description of how the task must be carried out;\n- (c) a reference to relevant written procedures and other relevant standard work instructions;\n- (d) an appropriate identification, including the instruction’s version number and date of issue.","sortOrder":166},{"sectionNumber":"ch.2-pt.12","sectionType":"part","heading":"Records generally","content":"# Records generally","sortOrder":167},{"sectionNumber":"sec.118","sectionType":"section","heading":"Way records must be kept","content":"### sec.118 Way records must be kept\n\nThe site senior executive for a mine must ensure records required to be kept at the mine under the Act are kept in an appropriate way, having regard to the nature and extent of the mine’s operations.\ns 118 amd 2019 SL No. 140 s 21 sch 1","sortOrder":168},{"sectionNumber":"sec.119","sectionType":"section","heading":"Period for which particular records must be kept","content":"### sec.119 Period for which particular records must be kept\n\nThe site senior executive for a mine must ensure the following records about a worker are kept at least until the worker ceases to be employed, or carry out work, at the mine—\neach health assessment record and health assessment report;\neach fitness assessment record and fitness assessment report;\neach personal exposure limit set under section 133 .\nThe site senior executive for a mine must also ensure the following records about a visitor are kept at least until the visitor leaves the mine—\neach health assessment record;\neach fitness assessment record.\ns 119 amd 2019 SL No. 140 s 21 sch 1\n(sec.119-ssec.1) The site senior executive for a mine must ensure the following records about a worker are kept at least until the worker ceases to be employed, or carry out work, at the mine— each health assessment record and health assessment report; each fitness assessment record and fitness assessment report; each personal exposure limit set under section 133 .\n(sec.119-ssec.2) The site senior executive for a mine must also ensure the following records about a visitor are kept at least until the visitor leaves the mine— each health assessment record; each fitness assessment record.\n- (a) each health assessment record and health assessment report;\n- (b) each fitness assessment record and fitness assessment report;\n- (c) each personal exposure limit set under section 133 .\n- (a) each health assessment record;\n- (b) each fitness assessment record.","sortOrder":169},{"sectionNumber":"sec.120","sectionType":"section","heading":"Confidentiality of worker’s medical record","content":"### sec.120 Confidentiality of worker’s medical record\n\nA site senior executive for a mine may only obtain a worker’s medical record with the worker’s written consent.\nMaximum penalty—30 penalty units.\nThe site senior executive must not disclose the contents of the worker’s medical record to another person other than—\nthe worker; or\na person with the worker’s written consent; or\nthe worker’s representative at the workplace\nthe chief inspector to the extent the contents of the worker’s medical record are part of a notification under schedule 2E , sections 23 (2) , 24 (3) or 26 (4) ; or\na person under section 195AA of the Act .\nMaximum penalty—30 penalty units.\nSubsections (1) and (2) are not safety and health obligations for the Act .\ns 120 amd 2019 SL No. 140 s 21 sch 1 amdt 1 (amdt could not be given effect); 2023 SL No. 71 s 7 ; 2024 SL No. 167 s 62\n(sec.120-ssec.1) A site senior executive for a mine may only obtain a worker’s medical record with the worker’s written consent. Maximum penalty—30 penalty units.\n(sec.120-ssec.2) The site senior executive must not disclose the contents of the worker’s medical record to another person other than— the worker; or a person with the worker’s written consent; or the worker’s representative at the workplace the chief inspector to the extent the contents of the worker’s medical record are part of a notification under schedule 2E , sections 23 (2) , 24 (3) or 26 (4) ; or a person under section 195AA of the Act . Maximum penalty—30 penalty units.\n(sec.120-ssec.3) Subsections (1) and (2) are not safety and health obligations for the Act .\n- (a) the worker; or\n- (b) a person with the worker’s written consent; or Example of a person who may have the worker’s written consent— the worker’s representative at the workplace\n- (c) the chief inspector to the extent the contents of the worker’s medical record are part of a notification under schedule 2E , sections 23 (2) , 24 (3) or 26 (4) ; or\n- (d) a person under section 195AA of the Act .","sortOrder":170},{"sectionNumber":"ch.2-pt.13","sectionType":"part","heading":"Winding operations","content":"# Winding operations","sortOrder":171},{"sectionNumber":"ch.2-pt.13-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":172},{"sectionNumber":"sec.121","sectionType":"section","heading":"Application of part","content":"### sec.121 Application of part\n\nThis part applies only to winding operations in which a winder of at least 30kW capacity is used.","sortOrder":173},{"sectionNumber":"ch.2-pt.13-div.2","sectionType":"division","heading":"Controlling winding operations","content":"## Controlling winding operations","sortOrder":174},{"sectionNumber":"sec.122","sectionType":"section","heading":"Appointment of persons to control winding operations","content":"### sec.122 Appointment of persons to control winding operations\n\nThe site senior executive for a mine must appoint, in writing, 1 or more persons to control winding operations at the mine.\ns 122 amd 2019 SL No. 140 s 21 sch 1","sortOrder":175},{"sectionNumber":"sec.123","sectionType":"section","heading":"Acknowledgement of appointment","content":"### sec.123 Acknowledgement of appointment\n\nA person appointed to control winding operations at a mine must acknowledge the appointment by notice given to the site senior executive for the mine.\nFor section 59 (1) (e) of the Act , the notice is prescribed as a matter that must be included in the mine record.\ns 123 amd 2019 SL No. 140 s 21 sch 1\n(sec.123-ssec.1) A person appointed to control winding operations at a mine must acknowledge the appointment by notice given to the site senior executive for the mine.\n(sec.123-ssec.2) For section 59 (1) (e) of the Act , the notice is prescribed as a matter that must be included in the mine record.","sortOrder":176},{"sectionNumber":"ch.2-pt.13-div.3","sectionType":"division","heading":"Safety provisions for winding equipment","content":"## Safety provisions for winding equipment","sortOrder":177},{"sectionNumber":"sec.124","sectionType":"section","heading":"Control measures to protect against persons and things falling into shafts","content":"### sec.124 Control measures to protect against persons and things falling into shafts\n\nThe site senior executive for a mine must ensure control measures are in place at the mine to—\nprevent persons, rock, material and other things from falling down a shaft, winze or raise used in winding operations at the mine; and\nprotect, as far as reasonably practicable, persons in the shaft, winze or raise against falling rock, material and other things.\ns 124 amd 2019 SL No. 140 s 21 sch 1\n- (a) prevent persons, rock, material and other things from falling down a shaft, winze or raise used in winding operations at the mine; and\n- (b) protect, as far as reasonably practicable, persons in the shaft, winze or raise against falling rock, material and other things.","sortOrder":178},{"sectionNumber":"sec.125","sectionType":"section","heading":"Conveyances","content":"### sec.125 Conveyances\n\nThe site senior executive for a mine must ensure a conveyance used in winding operations at the mine—\nis not unintentionally obstructed in its passage in the shaft during the operations; and\nis prevented from colliding with other things in the shaft during the operations; and\nhas ways of preventing persons, rock, material and other things from unintentionally protruding from, or moving in, the conveyance.\ns 125 amd 2019 SL No. 140 s 21 sch 1\n- (a) is not unintentionally obstructed in its passage in the shaft during the operations; and\n- (b) is prevented from colliding with other things in the shaft during the operations; and\n- (c) has ways of preventing persons, rock, material and other things from unintentionally protruding from, or moving in, the conveyance.","sortOrder":179},{"sectionNumber":"sec.126","sectionType":"section","heading":"Winders","content":"### sec.126 Winders\n\nThe site senior executive for a mine must ensure a winder used at the mine has ways of—\npreventing overwind, overspeed and uncontrolled movement of a conveyance; and\nstopping the winder if—\nfor a drum winder—slack rope happens; or\nfor a friction winder—excessive rope slip happens.\nThe site senior executive must ensure the winder has a backup system for preventing overwind and overspeed of a conveyance.\nThe site senior executive for a mine must also ensure a winder operating automatically is capable of being stopped from each of the following places—\nin the conveyance;\nat the brace level;\nat each plat;\nat each skip loading pocket and skip dump;\nat each place where ropes are changed.\ns 126 amd 2019 SL No. 140 s 21 sch 1\n(sec.126-ssec.1) The site senior executive for a mine must ensure a winder used at the mine has ways of— preventing overwind, overspeed and uncontrolled movement of a conveyance; and stopping the winder if— for a drum winder—slack rope happens; or for a friction winder—excessive rope slip happens.\n(sec.126-ssec.2) The site senior executive must ensure the winder has a backup system for preventing overwind and overspeed of a conveyance.\n(sec.126-ssec.3) The site senior executive for a mine must also ensure a winder operating automatically is capable of being stopped from each of the following places— in the conveyance; at the brace level; at each plat; at each skip loading pocket and skip dump; at each place where ropes are changed.\n- (a) preventing overwind, overspeed and uncontrolled movement of a conveyance; and\n- (b) stopping the winder if— (i) for a drum winder—slack rope happens; or (ii) for a friction winder—excessive rope slip happens.\n- (i) for a drum winder—slack rope happens; or\n- (ii) for a friction winder—excessive rope slip happens.\n- (i) for a drum winder—slack rope happens; or\n- (ii) for a friction winder—excessive rope slip happens.\n- (a) in the conveyance;\n- (b) at the brace level;\n- (c) at each plat;\n- (d) at each skip loading pocket and skip dump;\n- (e) at each place where ropes are changed.","sortOrder":180},{"sectionNumber":"sec.127","sectionType":"section","heading":"Other safety provisions for winding equipment","content":"### sec.127 Other safety provisions for winding equipment\n\nThe site senior executive for a mine must ensure winding equipment used at the mine includes—\nas far as reasonably practicable, arrestors or other devices to mitigate the effects of an overwind; and\nways for persons to escape from a stalled conveyance.\nThe site senior executive must also ensure each rope used for winding—\nhas an appropriate safety factor, having regard to the operation for which the rope is used; and\nis regularly tested to ensure its safe performance.\ns 127 amd 2019 SL No. 140 s 21 sch 1\n(sec.127-ssec.1) The site senior executive for a mine must ensure winding equipment used at the mine includes— as far as reasonably practicable, arrestors or other devices to mitigate the effects of an overwind; and ways for persons to escape from a stalled conveyance.\n(sec.127-ssec.2) The site senior executive must also ensure each rope used for winding— has an appropriate safety factor, having regard to the operation for which the rope is used; and is regularly tested to ensure its safe performance.\n- (a) as far as reasonably practicable, arrestors or other devices to mitigate the effects of an overwind; and\n- (b) ways for persons to escape from a stalled conveyance.\n- (a) has an appropriate safety factor, having regard to the operation for which the rope is used; and\n- (b) is regularly tested to ensure its safe performance.","sortOrder":181},{"sectionNumber":"ch.2-pt.13-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":182},{"sectionNumber":"sec.128","sectionType":"section","heading":"Monitoring and maintaining winding equipment","content":"### sec.128 Monitoring and maintaining winding equipment\n\nThe site senior executive for a mine must ensure the mine has written procedures for monitoring and maintaining winding equipment in use at the mine.\ns 128 amd 2019 SL No. 140 s 21 sch 1","sortOrder":183},{"sectionNumber":"sec.129","sectionType":"section","heading":"Testing winding equipment after particular events","content":"### sec.129 Testing winding equipment after particular events\n\nThis section applies if a following event happens at a mine—\nwinding equipment is repaired to an extent that may affect the equipment’s safe operation;\na rope used in winding operations is recapped;\nthe winder is stopped for more than 8 consecutive hours;\na seismic event that may affect the safety of winding operations.\nThe site senior executive for the mine must ensure a person is not carried in a conveyance, other than a stage, in the winding operations until—\nthe conveyance has made 1 trip up and down the shaft through its normal working range at full operating speed; and\nthe winding equipment has been found to operate safely.\ns 129 amd 2019 SL No. 140 s 21 sch 1\n(sec.129-ssec.1) This section applies if a following event happens at a mine— winding equipment is repaired to an extent that may affect the equipment’s safe operation; a rope used in winding operations is recapped; the winder is stopped for more than 8 consecutive hours; a seismic event that may affect the safety of winding operations.\n(sec.129-ssec.2) The site senior executive for the mine must ensure a person is not carried in a conveyance, other than a stage, in the winding operations until— the conveyance has made 1 trip up and down the shaft through its normal working range at full operating speed; and the winding equipment has been found to operate safely.\n- (a) winding equipment is repaired to an extent that may affect the equipment’s safe operation;\n- (b) a rope used in winding operations is recapped;\n- (c) the winder is stopped for more than 8 consecutive hours;\n- (d) a seismic event that may affect the safety of winding operations.\n- (a) the conveyance has made 1 trip up and down the shaft through its normal working range at full operating speed; and\n- (b) the winding equipment has been found to operate safely.","sortOrder":184},{"sectionNumber":"sec.130","sectionType":"section","heading":"Signalling and communication","content":"### sec.130 Signalling and communication\n\nThe site senior executive for a mine must ensure the mine has a system for effective communication between persons involved in operating, monitoring or using winding equipment at the mine.\nIf the communication system involves the use of a signals code, the site senior executive must ensure—\neach person involved in winding operations at the mine is familiar with the code; and\na copy of the code is displayed—\nin view of the winder driver; and\nat each entrance to the shaft.\ns 130 amd 2019 SL No. 140 s 21 sch 1\n(sec.130-ssec.1) The site senior executive for a mine must ensure the mine has a system for effective communication between persons involved in operating, monitoring or using winding equipment at the mine.\n(sec.130-ssec.2) If the communication system involves the use of a signals code, the site senior executive must ensure— each person involved in winding operations at the mine is familiar with the code; and a copy of the code is displayed— in view of the winder driver; and at each entrance to the shaft.\n- (a) each person involved in winding operations at the mine is familiar with the code; and\n- (b) a copy of the code is displayed— (i) in view of the winder driver; and (ii) at each entrance to the shaft.\n- (i) in view of the winder driver; and\n- (ii) at each entrance to the shaft.\n- (i) in view of the winder driver; and\n- (ii) at each entrance to the shaft.","sortOrder":185},{"sectionNumber":"ch.2-pt.14","sectionType":"part","heading":"Work environment","content":"# Work environment","sortOrder":186},{"sectionNumber":"ch.2-pt.14-div.1","sectionType":"division","heading":"Managing risk from exposure to hazards generally","content":"## Managing risk from exposure to hazards generally","sortOrder":187},{"sectionNumber":"sec.131","sectionType":"section","heading":"Health assessment of workers","content":"### sec.131 Health assessment of workers\n\nThis 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.\nThe site senior executive for the mine must ensure—\nthe 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\na record of the assessment (a health assessment record ) is kept.\nThe assessment must be carried out in an appropriate way, including, for example, by a medical examination, having regard to the nature of the hazard.\nThe assessment must be carried out—\nbefore the worker is exposed to the hazard at the mine; and\nperiodically, as necessary, to assess changes in the worker’s ability to tolerate the hazard.\nIf 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.\nThe appropriate doctor must give—\nthe site senior executive a health assessment report; and\nthe worker a copy and explanation of the report.\nThe worker’s employer must pay for the worker’s assessment and the health assessment reports.\nMaximum penalty—30 penalty units.\nSubsection (6) is not a safety and health obligation for the Act .\ns 131 amd 2019 SL No. 140 s 21 sch 1\n(sec.131-ssec.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.\n(sec.131-ssec.2) The site senior executive for the mine must ensure— 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 a record of the assessment (a health assessment record ) is kept.\n(sec.131-ssec.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.\n(sec.131-ssec.4) The assessment must be carried out— before the worker is exposed to the hazard at the mine; and periodically, as necessary, to assess changes in the worker’s ability to tolerate the hazard.\n(sec.131-ssec.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.\n(sec.131-ssec.5A) The appropriate doctor must give— the site senior executive a health assessment report; and the worker a copy and explanation of the report.\n(sec.131-ssec.6) The worker’s employer must pay for the worker’s assessment and the health assessment reports. Maximum penalty—30 penalty units.\n(sec.131-ssec.7) Subsection (6) is not a safety and health obligation for the Act .\n- (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\n- (b) a record of the assessment (a health assessment record ) is kept.\n- (a) before the worker is exposed to the hazard at the mine; and\n- (b) periodically, as necessary, to assess changes in the worker’s ability to tolerate the hazard.\n- (a) the site senior executive a health assessment report; and\n- (b) the worker a copy and explanation of the report.","sortOrder":188},{"sectionNumber":"sec.132","sectionType":"section","heading":"Health assessment of visitors","content":"### sec.132 Health assessment of visitors\n\nThe site senior executive for a mine must ensure—\nthe 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\na record of the assessment (also a health assessment record ), including, for example, a copy of the questionnaire, is kept.\ns 132 amd 2019 SL No. 140 s 21 sch 1\n- (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\n- (b) a record of the assessment (also a health assessment record ), including, for example, a copy of the questionnaire, is kept.","sortOrder":189},{"sectionNumber":"sec.133","sectionType":"section","heading":"Exposure limits for workers","content":"### sec.133 Exposure limits for workers\n\nThis section applies if an assessment of a worker’s health under section 131 shows the worker has an unacceptable level of risk from a hazard at a lower level of exposure than the general exposure limit for the hazard, including, for example, because a personal factor of the worker impairs the worker’s ability to tolerate the hazard.\nfitness, diet, pregnancy, physical disability, allergy or phobia\nThe site senior executive for the mine must ensure a personal exposure limit is set for the worker for the hazard to reduce the risk to an acceptable level.\ns 133 amd 2019 SL No. 140 s 21 sch 1\n(sec.133-ssec.1) This section applies if an assessment of a worker’s health under section 131 shows the worker has an unacceptable level of risk from a hazard at a lower level of exposure than the general exposure limit for the hazard, including, for example, because a personal factor of the worker impairs the worker’s ability to tolerate the hazard. fitness, diet, pregnancy, physical disability, allergy or phobia\n(sec.133-ssec.2) The site senior executive for the mine must ensure a personal exposure limit is set for the worker for the hazard to reduce the risk to an acceptable level.","sortOrder":190},{"sectionNumber":"sec.134","sectionType":"section","heading":"Adjusting exposure limits for hazards for workers","content":"### sec.134 Adjusting exposure limits for hazards for workers\n\nThis 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—\nthe worker’s work cycle does not conform to the standard work cycle used in establishing the general exposure limit for the hazard;\nthe worker’s work cycle decreases the rate at which the worker recovers from adverse effects of the hazard;\nthe effects of a hazard on the worker may increase if the worker does heavy strenuous work or works under adverse climatic conditions.\nThe site senior executive for the mine must ensure the exposure limit applying to the worker for the hazard is adjusted to account for the circumstances mentioned in subsection (1) .\nIf the national standard for the hazard or the airborne contaminants guide 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.\nIf 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.\nIn this section—\nstandard work cycle , generally, means a work cycle consisting of—\na shift of not longer than 8 hours a day; and\nnot more than 5 shifts a week; and\nat least 16 hours between consecutive shifts.\ns 134 amd 2019 SL No. 140 s 21 sch 1 ; 2023 SL No. 71 s 8\n(sec.134-ssec.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— the worker’s work cycle does not conform to the standard work cycle used in establishing the general exposure limit for the hazard; the worker’s work cycle decreases the rate at which the worker recovers from adverse effects of the hazard; the effects of a hazard on the worker may increase if the worker does heavy strenuous work or works under adverse climatic conditions.\n(sec.134-ssec.2) The site senior executive for the mine must ensure the exposure limit applying to the worker for the hazard is adjusted to account for the circumstances mentioned in subsection (1) .\n(sec.134-ssec.3) If the national standard for the hazard or the airborne contaminants guide 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.\n(sec.134-ssec.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.\n(sec.134-ssec.5) In this section— standard work cycle , generally, means a work cycle consisting of— a shift of not longer than 8 hours a day; and not more than 5 shifts a week; and at least 16 hours between consecutive shifts.\n- (a) the worker’s work cycle does not conform to the standard work cycle used in establishing the general exposure limit for the hazard;\n- (b) the worker’s work cycle decreases the rate at which the worker recovers from adverse effects of the hazard;\n- (c) the effects of a hazard on the worker may increase if the worker does heavy strenuous work or works under adverse climatic conditions.\n- (a) a shift of not longer than 8 hours a day; and\n- (b) not more than 5 shifts a week; and\n- (c) at least 16 hours between consecutive shifts.","sortOrder":191},{"sectionNumber":"sec.135","sectionType":"section","heading":"Limiting workers’ exposure","content":"### sec.135 Limiting workers’ exposure\n\nThe site senior executive for a mine must ensure a worker’s exposure to a hazard at the mine—\ndoes not exceed the exposure limit applying to the worker for the hazard; and\nis as low as reasonably achievable.\nThis section does not apply to the worker’s exposure to the hazard during an emergency evacuation.\ns 135 amd 2019 SL No. 140 s 21 sch 1\n(sec.135-ssec.1) The site senior executive for a mine must ensure a worker’s exposure to a hazard at the mine— does not exceed the exposure limit applying to the worker for the hazard; and is as low as reasonably achievable.\n(sec.135-ssec.2) This section does not apply to the worker’s exposure to the hazard during an emergency evacuation.\n- (a) does not exceed the exposure limit applying to the worker for the hazard; and\n- (b) is as low as reasonably achievable.","sortOrder":192},{"sectionNumber":"sec.136","sectionType":"section","heading":"Monitoring workers’ exposure","content":"### sec.136 Monitoring workers’ exposure\n\nThis section applies to a hazard at a mine—\nthat has the potential to exceed the exposure limit applying to a worker for the hazard; or\nfor which the level of risk may vary.\nThe site senior executive for the mine must ensure the worker’s exposure to the hazard is monitored, and the monitoring results are analysed, regularly.\nIf 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.\nfor inhalable dust—AS 3640 ‘Workplace atmospheres—Method for sampling and gravimetric determination of inhalable dust’\nfor respirable dust—AS 2985 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’\ns 136 amd 2019 SL No. 140 s 21 sch 1 ; 2023 SL No. 71 s 9\n(sec.136-ssec.1) This section applies to a hazard at a mine— that has the potential to exceed the exposure limit applying to a worker for the hazard; or for which the level of risk may vary.\n(sec.136-ssec.2) The site senior executive for the mine must ensure the worker’s exposure to the hazard is monitored, and the monitoring results are analysed, regularly.\n(sec.136-ssec.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. for inhalable dust—AS 3640 ‘Workplace atmospheres—Method for sampling and gravimetric determination of inhalable dust’ for respirable dust—AS 2985 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’\n- (a) that has the potential to exceed the exposure limit applying to a worker for the hazard; or\n- (b) for which the level of risk may vary.\n- 1 for inhalable dust—AS 3640 ‘Workplace atmospheres—Method for sampling and gravimetric determination of inhalable dust’\n- 2 for respirable dust—AS 2985 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’","sortOrder":193},{"sectionNumber":"sec.137","sectionType":"section","heading":"Tampering with monitoring samples and results","content":"### sec.137 Tampering with monitoring samples and results\n\nA 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.","sortOrder":194},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns 138 amd 2019 SL No. 140 s 21 sch 1 ; 2020 SL No. 69 s 24 sch 1\nom 2020 SL No. 108 s 11","sortOrder":195},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\ns 139 amd 2019 SL No. 140 s 21 sch 1\nom 2023 SL No. 71 s 10","sortOrder":196},{"sectionNumber":"sec.140","sectionType":"section","heading":"Using personal protective equipment","content":"### sec.140 Using personal protective equipment\n\nThis 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.\nThe site senior executive for the mine must ensure—\nthe person is given suitable and effective personal protective equipment; and\nthe person is competent in using the equipment; and\nthe person’s work load and work cycles are reduced to allow for the increased physical load of the equipment.\nA 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.\ns 140 amd 2019 SL No. 140 s 21 sch 1\n(sec.140-ssec.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.\n(sec.140-ssec.2) The site senior executive for the mine must ensure— the person is given suitable and effective personal protective equipment; and the person is competent in using the equipment; and the person’s work load and work cycles are reduced to allow for the increased physical load of the equipment.\n(sec.140-ssec.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.\n- (a) the person is given suitable and effective personal protective equipment; and\n- (b) the person is competent in using the equipment; and\n- (c) the person’s work load and work cycles are reduced to allow for the increased physical load of the equipment.","sortOrder":197},{"sectionNumber":"ch.2-pt.14-div.2","sectionType":"division","heading":"Managing risk from exposure to particular hazards","content":"## Managing risk from exposure to particular hazards","sortOrder":198},{"sectionNumber":"sec.141","sectionType":"section","heading":"Asbestos material installed in buildings and plant","content":"### sec.141 Asbestos material installed in buildings and plant\n\nThis section applies if asbestos material is installed in a building or plant at a mine.\nThe site senior executive for the mine must ensure a standard work instruction or procedure is established—\nto prevent the exposure of persons to the asbestos material; or\nif the exposure can not be prevented, to minimise the exposure.\nThe standard work instruction or procedure must include—\nthe steps that must be taken to restrict access to, and prevent disturbance of, the asbestos material; and\nwork practices in the vicinity of the asbestos material; and\nrequirements 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.\nIf 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.\nIf the asbestos material is to be removed, the site senior executive must ensure an asbestos removalist removes the asbestos material under NOHSC’s document called ‘Code of Practice for the Safe Removal of Asbestos [NOHSC:2002]’.\ns 141 amd 2019 SL No. 140 s 21 sch 1\n(sec.141-ssec.1) This section applies if asbestos material is installed in a building or plant at a mine.\n(sec.141-ssec.2) The site senior executive for the mine must ensure a standard work instruction or procedure is established— to prevent the exposure of persons to the asbestos material; or if the exposure can not be prevented, to minimise the exposure.\n(sec.141-ssec.3) The standard work instruction or procedure must include— the steps that must be taken to restrict access to, and prevent disturbance of, the asbestos material; and work practices in the vicinity of the asbestos material; and 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.\n(sec.141-ssec.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.\n(sec.141-ssec.5) If the asbestos material is to be removed, the site senior executive must ensure an asbestos removalist removes the asbestos material under NOHSC’s document called ‘Code of Practice for the Safe Removal of Asbestos [NOHSC:2002]’.\n- (a) to prevent the exposure of persons to the asbestos material; or\n- (b) if the exposure can not be prevented, to minimise the exposure.\n- (a) the steps that must be taken to restrict access to, and prevent disturbance of, the asbestos material; and\n- (b) work practices in the vicinity of the asbestos material; and\n- (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.","sortOrder":199},{"sectionNumber":"sec.142","sectionType":"section","heading":"Asbestos, other than asbestos material installed in buildings and plant","content":"### sec.142 Asbestos, other than asbestos material installed in buildings and plant\n\nThis section applies to asbestos occurring naturally at a mine.\nThe site senior executive for the mine must ensure—\naction is taken to prevent the exposure of persons to the asbestos; or\nif the exposure can not be prevented, action is taken to protect the health of persons at the mine from the effect of the asbestos.\nThe 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)]’.\ns 142 amd 2019 SL No. 140 s 21 sch 1\n(sec.142-ssec.1) This section applies to asbestos occurring naturally at a mine.\n(sec.142-ssec.2) The site senior executive for the mine must ensure— action is taken to prevent the exposure of persons to the asbestos; or 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.\n(sec.142-ssec.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)]’.\n- (a) action is taken to prevent the exposure of persons to the asbestos; or\n- (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.","sortOrder":200},{"sectionNumber":"sec.143","sectionType":"section","heading":"Heat","content":"### sec.143 Heat\n\nThe site senior executive for a mine must ensure the mine has a system for managing the risk to persons from heat in places at the mine where the wet bulb temperature exceeds 27ºC.\nThe 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.\nThe site senior executive for a mine must also ensure a person is not exposed to a wet bulb temperature exceeding 34ºC at the mine unless the person is—\nengaged in work to reduce the temperature and authorised by the person’s employer or supervisor to carry out the work; or\na mines rescue member carrying out training or emergency response under procedures documented in the system; or\nbeing evacuated in an emergency.\ns 143 amd 2019 SL No. 140 s 21 sch 1\n(sec.143-ssec.1) The site senior executive for a mine must ensure the mine has a system for managing the risk to persons from heat in places at the mine where the wet bulb temperature exceeds 27ºC.\n(sec.143-ssec.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.\n(sec.143-ssec.3) The site senior executive for a mine must also ensure a person is not exposed to a wet bulb temperature exceeding 34ºC at the mine unless the person is— engaged in work to reduce the temperature and authorised by the person’s employer or supervisor to carry out the work; or a mines rescue member carrying out training or emergency response under procedures documented in the system; or being evacuated in an emergency.\n- (a) engaged in work to reduce the temperature and authorised by the person’s employer or supervisor to carry out the work; or\n- (b) a mines rescue member carrying out training or emergency response under procedures documented in the system; or\n- (c) being evacuated in an emergency.","sortOrder":201},{"sectionNumber":"sec.144","sectionType":"section","heading":"Oxygen","content":"### sec.144 Oxygen\n\nThe site senior executive for a mine must ensure a person is not exposed to—\nan atmosphere in a confined space on the surface of the mine that has—\nan oxygen content of less than 19.5% by volume; or\nan oxygen content of more than 23.5% by volume; or\nan atmosphere in any other part of the mine that has an oxygen content of less than 18% by volume.\nIn this section—\nconfined space means a confined space as defined in AS 2865 ‘Confined Spaces’.\ns 144 amd 2019 SL No. 140 s 21 sch 1\n(sec.144-ssec.1) The site senior executive for a mine must ensure a person is not exposed to— an atmosphere in a confined space on the surface of the mine that has— an oxygen content of less than 19.5% by volume; or an oxygen content of more than 23.5% by volume; or an atmosphere in any other part of the mine that has an oxygen content of less than 18% by volume.\n(sec.144-ssec.2) In this section— confined space means a confined space as defined in AS 2865 ‘Confined Spaces’.\n- (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\n- (i) an oxygen content of less than 19.5% by volume; or\n- (ii) an oxygen content of more than 23.5% by volume; or\n- (b) an atmosphere in any other part of the mine that has an oxygen content of less than 18% by volume.\n- (i) an oxygen content of less than 19.5% by volume; or\n- (ii) an oxygen content of more than 23.5% by volume; or","sortOrder":202},{"sectionNumber":"sec.145","sectionType":"section","heading":"Radiation","content":"### sec.145 Radiation\n\nThis 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.\nThe site senior executive for the mine must ensure—\nthe mine has a system to provide for the safe management of the radiation; and\nthe system is complied with.\ns 145 amd 2019 SL No. 140 s 21 sch 1\n(sec.145-ssec.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.\n(sec.145-ssec.2) The site senior executive for the mine must ensure— the mine has a system to provide for the safe management of the radiation; and the system is complied with.\n- (a) the mine has a system to provide for the safe management of the radiation; and\n- (b) the system is complied with.","sortOrder":203},{"sectionNumber":"sec.145A","sectionType":"section","heading":"Application of subdivision","content":"### sec.145A Application of subdivision\n\nThis subdivision applies in relation to a mine at which a lead process is carried out.\ns 145A ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12","sortOrder":204},{"sectionNumber":"sec.145B","sectionType":"section","heading":"Giving information about health risks of lead process","content":"### sec.145B Giving information about health risks of lead process\n\nA site senior executive for a mine must give information about a lead process carried out at the mine to a worker at the mine before the worker is first exposed to the lead process.\nIf work is identified as a lead process after a worker is exposed to the work, the site senior executive must give information about the lead process to the worker as soon as practicable after the lead process is identified.\nThe information that must be given is—\ninformation about the health risks and toxic effects associated with exposure to lead; and\nthe need for, and details of, lead health surveillance and biological monitoring under schedule 2E , part 4 .\ns 145B ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12\n(sec.145B-ssec.1) A site senior executive for a mine must give information about a lead process carried out at the mine to a worker at the mine before the worker is first exposed to the lead process.\n(sec.145B-ssec.2) If work is identified as a lead process after a worker is exposed to the work, the site senior executive must give information about the lead process to the worker as soon as practicable after the lead process is identified.\n(sec.145B-ssec.3) The information that must be given is— information about the health risks and toxic effects associated with exposure to lead; and the need for, and details of, lead health surveillance and biological monitoring under schedule 2E , part 4 .\n- (a) information about the health risks and toxic effects associated with exposure to lead; and\n- (b) the need for, and details of, lead health surveillance and biological monitoring under schedule 2E , part 4 .","sortOrder":205},{"sectionNumber":"sec.145C","sectionType":"section","heading":"Containment of lead contamination","content":"### sec.145C Containment of lead contamination\n\nA site senior executive for a mine must ensure, in a way that achieves an acceptable level of risk, that contamination by lead is confined to lead process areas at the mine.\ns 145C ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12","sortOrder":206},{"sectionNumber":"sec.145D","sectionType":"section","heading":"Cleaning methods","content":"### sec.145D Cleaning methods\n\nA site senior executive for a mine must ensure, in a way that achieves an acceptable level of risk, that each lead process area at the mine is kept clean.\nThe site senior executive must ensure that the methods used to clean a lead process area at the mine—\ndo not create an unacceptable level of risk to the health of persons in the immediate vicinity of the area; and\ndo not have the potential to spread the contamination of lead.\ns 145D ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12\n(sec.145D-ssec.1) A site senior executive for a mine must ensure, in a way that achieves an acceptable level of risk, that each lead process area at the mine is kept clean.\n(sec.145D-ssec.2) The site senior executive must ensure that the methods used to clean a lead process area at the mine— do not create an unacceptable level of risk to the health of persons in the immediate vicinity of the area; and do not have the potential to spread the contamination of lead.\n- (a) do not create an unacceptable level of risk to the health of persons in the immediate vicinity of the area; and\n- (b) do not have the potential to spread the contamination of lead.","sortOrder":207},{"sectionNumber":"sec.145E","sectionType":"section","heading":"Prohibition on eating, drinking and smoking","content":"### sec.145E Prohibition on eating, drinking and smoking\n\nA site senior executive for a mine must take all reasonable steps to ensure that a worker does not eat, drink, chew gum or smoke, or carry materials used for smoking, in a lead process area at the mine.\nThe site senior executive must provide workers with an eating and drinking area that can not be contaminated with lead from a lead process carried out at the mine.\ns 145E ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12\n(sec.145E-ssec.1) A site senior executive for a mine must take all reasonable steps to ensure that a worker does not eat, drink, chew gum or smoke, or carry materials used for smoking, in a lead process area at the mine.\n(sec.145E-ssec.2) The site senior executive must provide workers with an eating and drinking area that can not be contaminated with lead from a lead process carried out at the mine.","sortOrder":208},{"sectionNumber":"sec.145F","sectionType":"section","heading":"Provision of changing and washing facilities","content":"### sec.145F Provision of changing and washing facilities\n\nA site senior executive for a mine must provide and maintain in good working order changing rooms and washing, showering and toilet facilities at the mine so as to—\nminimise secondary lead exposure from contaminated clothing; and\nminimise ingestion of lead; and\navoid the spread of lead contamination.\nThe site senior executive must ensure workers at the mine remove clothing and equipment that is or is likely to be contaminated with lead, and wash their hands and faces, before entering an eating or drinking area at the mine.\ns 145F ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12\n(sec.145F-ssec.1) A site senior executive for a mine must provide and maintain in good working order changing rooms and washing, showering and toilet facilities at the mine so as to— minimise secondary lead exposure from contaminated clothing; and minimise ingestion of lead; and avoid the spread of lead contamination.\n(sec.145F-ssec.2) The site senior executive must ensure workers at the mine remove clothing and equipment that is or is likely to be contaminated with lead, and wash their hands and faces, before entering an eating or drinking area at the mine.\n- (a) minimise secondary lead exposure from contaminated clothing; and\n- (b) minimise ingestion of lead; and\n- (c) avoid the spread of lead contamination.","sortOrder":209},{"sectionNumber":"sec.145G","sectionType":"section","heading":"Laundering, disposal and removal of personal protective equipment and other clothing","content":"### sec.145G Laundering, disposal and removal of personal protective equipment and other clothing\n\nA site senior executive for a mine must ensure that personal protective equipment that is likely to be contaminated with lead dust is not removed from a lead process area unless it is—\ndecontaminated; or\nin a sealed container.\nAlso, a site senior executive for a mine must ensure that personal protective equipment that is likely to be contaminated with lead dust is—\nif it is reasonably practicable to dispose of the equipment—disposed of, on the completion of work that is or is part of a lead process carried out at the mine, at a site equipped to accept lead-contaminated equipment; or\nif it is reasonably practicable to launder equipment that is clothing—laundered at a laundry, whether on-site or off-site, equipped to launder lead-contaminated clothing; or\nif it is not reasonably practicable to dispose of or launder the equipment—kept in a sealed container until it is re-used for work that is or is part of a lead process carried out at the mine.\nwork boots\nThe site senior executive must take all reasonable steps to ensure that clothing that is not personal protective equipment and is likely to be contaminated with lead dust is—\nif it is reasonably practicable to launder, dispose of or decontaminate the clothing on-site—laundered, disposed of or decontaminated on-site before being removed from the mine; or\notherwise—not removed from the mine unless it is in a sealed container and is to be—\nlaundered at a laundry equipped to launder lead-contaminated clothing; or\ndisposed of at a site equipped to accept lead-contaminated clothing.\nThe site senior executive must ensure that a sealed container mentioned in subsection (1) or (3) is decontaminated before being removed from the lead process area.\nSee also section 53 in relation to labelling containers containing a hazardous chemical or dangerous goods, including, for example, lead.\ns 145G ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12\n(sec.145G-ssec.1) A site senior executive for a mine must ensure that personal protective equipment that is likely to be contaminated with lead dust is not removed from a lead process area unless it is— decontaminated; or in a sealed container.\n(sec.145G-ssec.2) Also, a site senior executive for a mine must ensure that personal protective equipment that is likely to be contaminated with lead dust is— if it is reasonably practicable to dispose of the equipment—disposed of, on the completion of work that is or is part of a lead process carried out at the mine, at a site equipped to accept lead-contaminated equipment; or if it is reasonably practicable to launder equipment that is clothing—laundered at a laundry, whether on-site or off-site, equipped to launder lead-contaminated clothing; or if it is not reasonably practicable to dispose of or launder the equipment—kept in a sealed container until it is re-used for work that is or is part of a lead process carried out at the mine. work boots\n(sec.145G-ssec.3) The site senior executive must take all reasonable steps to ensure that clothing that is not personal protective equipment and is likely to be contaminated with lead dust is— if it is reasonably practicable to launder, dispose of or decontaminate the clothing on-site—laundered, disposed of or decontaminated on-site before being removed from the mine; or otherwise—not removed from the mine unless it is in a sealed container and is to be— laundered at a laundry equipped to launder lead-contaminated clothing; or disposed of at a site equipped to accept lead-contaminated clothing.\n(sec.145G-ssec.4) The site senior executive must ensure that a sealed container mentioned in subsection (1) or (3) is decontaminated before being removed from the lead process area. See also section 53 in relation to labelling containers containing a hazardous chemical or dangerous goods, including, for example, lead.\n- (a) decontaminated; or\n- (b) in a sealed container.\n- (a) if it is reasonably practicable to dispose of the equipment—disposed of, on the completion of work that is or is part of a lead process carried out at the mine, at a site equipped to accept lead-contaminated equipment; or\n- (b) if it is reasonably practicable to launder equipment that is clothing—laundered at a laundry, whether on-site or off-site, equipped to launder lead-contaminated clothing; or\n- (c) if it is not reasonably practicable to dispose of or launder the equipment—kept in a sealed container until it is re-used for work that is or is part of a lead process carried out at the mine. Example of personal protective equipment to which paragraph (c) may apply— work boots\n- (a) if it is reasonably practicable to launder, dispose of or decontaminate the clothing on-site—laundered, disposed of or decontaminated on-site before being removed from the mine; or\n- (b) otherwise—not removed from the mine unless it is in a sealed container and is to be— (i) laundered at a laundry equipped to launder lead-contaminated clothing; or (ii) disposed of at a site equipped to accept lead-contaminated clothing.\n- (i) laundered at a laundry equipped to launder lead-contaminated clothing; or\n- (ii) disposed of at a site equipped to accept lead-contaminated clothing.\n- (i) laundered at a laundry equipped to launder lead-contaminated clothing; or\n- (ii) disposed of at a site equipped to accept lead-contaminated clothing.","sortOrder":210},{"sectionNumber":"sec.145H","sectionType":"section","heading":"Review of measures to control health risks from exposure to lead","content":"### sec.145H Review of measures to control health risks from exposure to lead\n\nA site senior executive for a mine must ensure that any measures implemented to control health risks from exposure to lead at the mine are reviewed and, as necessary, revised in the following circumstances—\na worker is removed from carrying out a lead risk job at the mine under schedule 2E , section 24 ;\nthe site senior executive receives a copy of a health surveillance report for a worker under schedule 2E that contains—\ntest results that indicate the worker’s blood lead level has reached or exceeded the level mentioned in schedule 2E , section 24 (1) (a) for the worker; or\nadvice that test results indicate the worker has an injury or illness that may have been caused by carrying out the work in relation to which the health surveillance report was obtained; or\na recommendation that the site senior executive take remedial measures, including, for example, a recommendation that the worker be removed from carrying out a lead risk job at the mine;\n1 or more of the measures do not control the risk they were implemented to control to an acceptable level of risk;\nbefore a change at the mine that is likely to give rise to a new or different risk to health or safety that the measures may not effectively control;\na new relevant hazard or risk is identified;\nthe results of consultation by the site senior executive under the Act or this regulation indicate a review is necessary;\nat least once every 5 years.\nWithout limiting subsection (1) (d) , a change at the mine includes—\na change to the mine itself or any aspect of the work environment at the mine; and\na change to the mine’s operations or a process or a procedure at the mine.\ns 145H ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12\n(sec.145H-ssec.1) A site senior executive for a mine must ensure that any measures implemented to control health risks from exposure to lead at the mine are reviewed and, as necessary, revised in the following circumstances— a worker is removed from carrying out a lead risk job at the mine under schedule 2E , section 24 ; the site senior executive receives a copy of a health surveillance report for a worker under schedule 2E that contains— test results that indicate the worker’s blood lead level has reached or exceeded the level mentioned in schedule 2E , section 24 (1) (a) for the worker; or advice that test results indicate the worker has an injury or illness that may have been caused by carrying out the work in relation to which the health surveillance report was obtained; or a recommendation that the site senior executive take remedial measures, including, for example, a recommendation that the worker be removed from carrying out a lead risk job at the mine; 1 or more of the measures do not control the risk they were implemented to control to an acceptable level of risk; before a change at the mine that is likely to give rise to a new or different risk to health or safety that the measures may not effectively control; a new relevant hazard or risk is identified; the results of consultation by the site senior executive under the Act or this regulation indicate a review is necessary; at least once every 5 years.\n(sec.145H-ssec.2) Without limiting subsection (1) (d) , a change at the mine includes— a change to the mine itself or any aspect of the work environment at the mine; and a change to the mine’s operations or a process or a procedure at the mine.\n- (a) a worker is removed from carrying out a lead risk job at the mine under schedule 2E , section 24 ;\n- (b) the site senior executive receives a copy of a health surveillance report for a worker under schedule 2E that contains— (i) test results that indicate the worker’s blood lead level has reached or exceeded the level mentioned in schedule 2E , section 24 (1) (a) for the worker; or (ii) advice that test results indicate the worker has an injury or illness that may have been caused by carrying out the work in relation to which the health surveillance report was obtained; or (iii) a recommendation that the site senior executive take remedial measures, including, for example, a recommendation that the worker be removed from carrying out a lead risk job at the mine;\n- (i) test results that indicate the worker’s blood lead level has reached or exceeded the level mentioned in schedule 2E , section 24 (1) (a) for the worker; or\n- (ii) advice that test results indicate the worker has an injury or illness that may have been caused by carrying out the work in relation to which the health surveillance report was obtained; or\n- (iii) a recommendation that the site senior executive take remedial measures, including, for example, a recommendation that the worker be removed from carrying out a lead risk job at the mine;\n- (c) 1 or more of the measures do not control the risk they were implemented to control to an acceptable level of risk;\n- (d) before a change at the mine that is likely to give rise to a new or different risk to health or safety that the measures may not effectively control;\n- (e) a new relevant hazard or risk is identified;\n- (f) the results of consultation by the site senior executive under the Act or this regulation indicate a review is necessary;\n- (g) at least once every 5 years.\n- (i) test results that indicate the worker’s blood lead level has reached or exceeded the level mentioned in schedule 2E , section 24 (1) (a) for the worker; or\n- (ii) advice that test results indicate the worker has an injury or illness that may have been caused by carrying out the work in relation to which the health surveillance report was obtained; or\n- (iii) a recommendation that the site senior executive take remedial measures, including, for example, a recommendation that the worker be removed from carrying out a lead risk job at the mine;\n- (a) a change to the mine itself or any aspect of the work environment at the mine; and\n- (b) a change to the mine’s operations or a process or a procedure at the mine.","sortOrder":211},{"sectionNumber":"sec.145I","sectionType":"section","heading":"Identifying lead risk jobs","content":"### sec.145I Identifying lead risk jobs\n\nA site senior executive for a mine must assess each lead process carried out at the mine to determine if a lead risk job is carried out in the process.\nIn assessing a lead process, the site senior executive must have regard to the following—\npast biological monitoring results of workers;\nairborne lead levels;\nthe form of lead used;\nthe tasks and processes required to be undertaken with lead;\nthe likely duration and frequency of exposure to lead;\npossible routes of exposure to lead;\nany information about incidents, injuries or illnesses in relation to the use of lead at the mine.\nIn assessing a lead process, the site senior executive must not have regard to the effect of using personal protective equipment on the safety and health of workers at the mine.\nIf the site senior executive is unable to determine whether a lead risk job is carried out in a lead process at the mine, the process is taken to include a lead risk job until the site senior executive determines that a lead risk job is not carried out in the process.\ns 145I ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12\n(sec.145I-ssec.1) A site senior executive for a mine must assess each lead process carried out at the mine to determine if a lead risk job is carried out in the process.\n(sec.145I-ssec.2) In assessing a lead process, the site senior executive must have regard to the following— past biological monitoring results of workers; airborne lead levels; the form of lead used; the tasks and processes required to be undertaken with lead; the likely duration and frequency of exposure to lead; possible routes of exposure to lead; any information about incidents, injuries or illnesses in relation to the use of lead at the mine.\n(sec.145I-ssec.3) In assessing a lead process, the site senior executive must not have regard to the effect of using personal protective equipment on the safety and health of workers at the mine.\n(sec.145I-ssec.4) If the site senior executive is unable to determine whether a lead risk job is carried out in a lead process at the mine, the process is taken to include a lead risk job until the site senior executive determines that a lead risk job is not carried out in the process.\n- (a) past biological monitoring results of workers;\n- (b) airborne lead levels;\n- (c) the form of lead used;\n- (d) the tasks and processes required to be undertaken with lead;\n- (e) the likely duration and frequency of exposure to lead;\n- (f) possible routes of exposure to lead;\n- (g) any information about incidents, injuries or illnesses in relation to the use of lead at the mine.","sortOrder":212},{"sectionNumber":"sec.145J","sectionType":"section","heading":"Notification of lead risk jobs","content":"### sec.145J Notification of lead risk jobs\n\nIf a site senior executive for a mine determines that work at the mine is a lead risk job, the site senior executive must notify the chief inspector in the approved form within 28 days that the work is a lead risk job.\nMaximum penalty—30 penalty units.\nAn approved form under this section must include provision for the kind of lead process being carried out that includes the lead risk job to be stated.\nThe site senior executive must—\nkeep a copy of the approved form given to the chief inspector while the lead risk job is carried out at the mine; and\nensure that a copy of the approved form is readily accessible to a worker who is likely to be exposed to lead at the mine.\nMaximum penalty—30 penalty units.\nSubsections (1) and (3) are not safety and health obligations for the Act .\ns 145J ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12\n(sec.145J-ssec.1) If a site senior executive for a mine determines that work at the mine is a lead risk job, the site senior executive must notify the chief inspector in the approved form within 28 days that the work is a lead risk job. Maximum penalty—30 penalty units.\n(sec.145J-ssec.2) An approved form under this section must include provision for the kind of lead process being carried out that includes the lead risk job to be stated.\n(sec.145J-ssec.3) The site senior executive must— keep a copy of the approved form given to the chief inspector while the lead risk job is carried out at the mine; and ensure that a copy of the approved form is readily accessible to a worker who is likely to be exposed to lead at the mine. Maximum penalty—30 penalty units.\n(sec.145J-ssec.4) Subsections (1) and (3) are not safety and health obligations for the Act .\n- (a) keep a copy of the approved form given to the chief inspector while the lead risk job is carried out at the mine; and\n- (b) ensure that a copy of the approved form is readily accessible to a worker who is likely to be exposed to lead at the mine.","sortOrder":213},{"sectionNumber":"sec.145K","sectionType":"section","heading":"Changes to information in notification of lead risk jobs","content":"### sec.145K Changes to information in notification of lead risk jobs\n\nA site senior executive for a mine must notify the chief inspector in the approved form of any change in the information given in an approved form under section 145J before the change or as soon as practicable after the site senior executive becomes aware of the change.\nMaximum penalty—10 penalty units.\nThe site senior executive must—\nkeep a copy of the approved form given to the chief inspector while the lead risk job is carried out at the mine; and\nensure a copy of the approved form is readily accessible to a worker who is likely to be exposed to lead at the mine.\nMaximum penalty—10 penalty units.\nSubsections (1) and (2) are not safety and health obligations for the Act .\ns 145K ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12\n(sec.145K-ssec.1) A site senior executive for a mine must notify the chief inspector in the approved form of any change in the information given in an approved form under section 145J before the change or as soon as practicable after the site senior executive becomes aware of the change. Maximum penalty—10 penalty units.\n(sec.145K-ssec.2) The site senior executive must— keep a copy of the approved form given to the chief inspector while the lead risk job is carried out at the mine; and ensure a copy of the approved form is readily accessible to a worker who is likely to be exposed to lead at the mine. Maximum penalty—10 penalty units.\n(sec.145K-ssec.3) Subsections (1) and (2) are not safety and health obligations for the Act .\n- (a) keep a copy of the approved form given to the chief inspector while the lead risk job is carried out at the mine; and\n- (b) ensure a copy of the approved form is readily accessible to a worker who is likely to be exposed to lead at the mine.","sortOrder":214},{"sectionNumber":"ch.2-pt.14-div.3","sectionType":"division","heading":"Managing risk through health surveillance","content":"## Managing risk through health surveillance","sortOrder":215},{"sectionNumber":"sec.145L","sectionType":"section","heading":"Requirements for health surveillance","content":"### sec.145L Requirements for health surveillance\n\nThe requirements for health surveillance stated in schedule 2E apply in relation to a mine.\ns 145L ins 2020 SL No. 108 s 12\nsub 2023 SL No. 71 s 12","sortOrder":216},{"sectionNumber":"sec.145M","sectionType":"section","heading":null,"content":"### Section sec.145M\n\ns 145M ins 2020 SL No. 108 s 12\nom 2023 SL No. 71 s 12","sortOrder":217},{"sectionNumber":"sec.145N","sectionType":"section","heading":null,"content":"### Section sec.145N\n\ns 145N ins 2020 SL No. 108 s 12\nom 2023 SL No. 71 s 12","sortOrder":218},{"sectionNumber":"ch.2-pt.15","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":219},{"sectionNumber":"sec.146","sectionType":"section","heading":"Access to Act and regulation","content":"### sec.146 Access to Act and regulation\n\nThe site senior executive for a mine must ensure a copy of the Act and this regulation is kept at the mine in a location that is easily accessible by each person at the mine.\ns 146 amd 2019 SL No. 140 s 21 sch 1","sortOrder":220},{"sectionNumber":"sec.147","sectionType":"section","heading":"Workers’ access to guidelines","content":"### sec.147 Workers’ access to guidelines\n\nThe site senior executive for a mine must ensure a copy of the current guideline for work carried out at the mine is available to, and easily accessible by, each worker carrying out the work at the mine.\ns 147 amd 2019 SL No. 140 s 21 sch 1","sortOrder":221},{"sectionNumber":"sec.148","sectionType":"section","heading":"Prohibited substances","content":"### sec.148 Prohibited substances\n\nThe site senior executive for a mine must ensure a prohibited substance mentioned in schedule 3 , column 1 is not used at the mine for a prohibited purpose mentioned in schedule 3 , column 2 opposite the name of the substance.\ns 148 amd 2019 SL No. 140 s 21 sch 1","sortOrder":222},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Transitional provisions for Mining and Quarrying Safety and Health Regulation 2017","content":"# Transitional provisions for Mining and Quarrying Safety and Health Regulation 2017","sortOrder":223},{"sectionNumber":"sec.152","sectionType":"section","heading":"Definition","content":"### sec.152 Definition\n\nIn this chapter—\nrepealed regulation means the Mining and Quarrying Safety and Health Regulation 2001 .","sortOrder":224},{"sectionNumber":"sec.153","sectionType":"section","heading":"Documents","content":"### sec.153 Documents\n\nA 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.\nIf 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.\nIn this section—\ndocument includes—\nan acknowledgement; and\nan approved form; and\nan assessment; and\nan authorisation; and\na certification; and\na consent; and\na delegation; and\na direction; and\na document of appointment; and\na document that forms part of a mine record; and\na document that forms part of a safety and health management system; and\na notice; and\na notification; and\na plan; and\na procedure; and\na record; and\na register; and\na report; and\nthe results of an examination; and\na safety and health census.\n(sec.153-ssec.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.\n(sec.153-ssec.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.\n(sec.153-ssec.3) In this section— document includes— an acknowledgement; and an approved form; and an assessment; and an authorisation; and a certification; and a consent; and a delegation; and a direction; and a document of appointment; and a document that forms part of a mine record; and a document that forms part of a safety and health management system; and a notice; and a notification; and a plan; and a procedure; and a record; and a register; and a report; and the results of an examination; and a safety and health census.\n- (a) an acknowledgement; and\n- (b) an approved form; and\n- (c) an assessment; and\n- (d) an authorisation; and\n- (e) a certification; and\n- (f) a consent; and\n- (g) a delegation; and\n- (h) a direction; and\n- (i) a document of appointment; and\n- (j) a document that forms part of a mine record; and\n- (k) a document that forms part of a safety and health management system; and\n- (l) a notice; and\n- (m) a notification; and\n- (n) a plan; and\n- (o) a procedure; and\n- (p) a record; and\n- (q) a register; and\n- (r) a report; and\n- (s) the results of an examination; and\n- (t) a safety and health census.","sortOrder":225},{"sectionNumber":"sec.154","sectionType":"section","heading":"Processes","content":"### sec.154 Processes\n\nA process undertaken under the repealed regulation before the commencement is taken to be a process undertaken under this regulation.\nA process started under the repealed regulation that was not completed before the commencement may be continued under this regulation.\nIn this section—\nprocess includes—\na practice; and\na measure; and\nan investigation; and\na risk management process; and\nan election process.\n(sec.154-ssec.1) A process undertaken under the repealed regulation before the commencement is taken to be a process undertaken under this regulation.\n(sec.154-ssec.2) A process started under the repealed regulation that was not completed before the commencement may be continued under this regulation.\n(sec.154-ssec.3) In this section— process includes— a practice; and a measure; and an investigation; and a risk management process; and an election process.\n- (a) a practice; and\n- (b) a measure; and\n- (c) an investigation; and\n- (d) a risk management process; and\n- (e) an election process.","sortOrder":226},{"sectionNumber":"sec.155","sectionType":"section","heading":"Safety and health fee","content":"### sec.155 Safety and health fee\n\nAfter 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.\nThe 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.\n(sec.155-ssec.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.\n(sec.155-ssec.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.","sortOrder":227},{"sectionNumber":"sec.156","sectionType":"section","heading":"Notice if safety and health census not given or is inadequate","content":"### sec.156 Notice if safety and health census not given or is inadequate\n\nThe 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.","sortOrder":228},{"sectionNumber":"sec.157","sectionType":"section","heading":"Late or unpaid fees","content":"### sec.157 Late or unpaid fees\n\nSections 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.","sortOrder":229},{"sectionNumber":"sec.158","sectionType":"section","heading":"Refund of overpayment of safety and health fee","content":"### sec.158 Refund of overpayment of safety and health fee\n\nSection 11H applies to any amount overpaid under the repealed regulation.","sortOrder":230},{"sectionNumber":"sec.160","sectionType":"section","heading":"Exposure limits","content":"### sec.160 Exposure limits\n\nAn exposure limit in effect for a worker immediately before the commencement continues to apply to the worker on the commencement.","sortOrder":231},{"sectionNumber":"sec.161","sectionType":"section","heading":"Obligation to do things within or for stated period","content":"### sec.161 Obligation to do things within or for stated period\n\nThis section applies if—\nbefore the commencement, a person was required to do something, under a provision of the repealed regulation, within or for a stated period; and\nimmediately before the commencement, the stated period had not expired.\na requirement to keep a record or to give a safety and health census or a notice\nThe 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.\n(sec.161-ssec.1) This section applies if— before the commencement, a person was required to do something, under a provision of the repealed regulation, within or for a stated period; and immediately before the commencement, the stated period had not expired. a requirement to keep a record or to give a safety and health census or a notice\n(sec.161-ssec.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.\n- (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\n- (b) immediately before the commencement, the stated period had not expired.","sortOrder":232},{"sectionNumber":"sec.162","sectionType":"section","heading":"Obligation to do things indefinitely","content":"### sec.162 Obligation to do things indefinitely\n\nThis section applies if, before the commencement, a person was required to do something under a provision of the repealed regulation for an indefinite period.\nThe 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.\n(sec.162-ssec.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.\n(sec.162-ssec.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.","sortOrder":233},{"sectionNumber":"sec.163","sectionType":"section","heading":"References to repealed regulation","content":"### sec.163 References to repealed regulation\n\nIn an instrument, if the context permits, a reference to the repealed regulation is taken to be a reference to this regulation.","sortOrder":234},{"sectionNumber":"sec.164","sectionType":"section","heading":"Obligations, accountabilities and directions","content":"### sec.164 Obligations, accountabilities and directions\n\nThe repeal of the repealed regulation does not affect an obligation, accountability or direction held, acquired or received by a person under the repealed regulation.","sortOrder":235},{"sectionNumber":"sec.165","sectionType":"section","heading":"Acts of persons","content":"### sec.165 Acts of persons\n\nAn act of a person under the repealed regulation is taken to be an equivalent act under this regulation.","sortOrder":236},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Transitional provisions for Mining Legislation (Classification of Chemicals) Amendment Regulation 2019","content":"# Transitional provisions for Mining Legislation (Classification of Chemicals) Amendment Regulation 2019","sortOrder":237},{"sectionNumber":"sec.166","sectionType":"section","heading":"Definitions for part","content":"### sec.166 Definitions for part\n\nIn this part—\nformer , for a provision, means as in force before the commencement.\nnew , for a provision, means as in force from the commencement.\ns 166 ins 2019 SL No. 140 s 18","sortOrder":238},{"sectionNumber":"sec.167","sectionType":"section","heading":"Existing hazardous substances and dangerous goods at mine","content":"### sec.167 Existing hazardous substances and dangerous goods at mine\n\nThis section applies in relation to—\na hazardous substance, as defined under former schedule 7, at a mine before the commencement; and\ndangerous goods, as defined under former schedule 7, at a mine before the commencement; and\nany thing containing, or being used to transport at a mine—\na hazardous substance mentioned in paragraph (a); or\ndangerous goods mentioned in paragraph (b).\nThe site senior executive for the mine must comply with former section 53 in relation to the substance, goods or thing as if the Mining Legislation (Classification of Chemicals) Amendment Regulation 2019 had not commenced.\ns 167 ins 2019 SL No. 140 s 18\n(sec.167-ssec.1) This section applies in relation to— a hazardous substance, as defined under former schedule 7, at a mine before the commencement; and dangerous goods, as defined under former schedule 7, at a mine before the commencement; and any thing containing, or being used to transport at a mine— a hazardous substance mentioned in paragraph (a); or dangerous goods mentioned in paragraph (b).\n(sec.167-ssec.2) The site senior executive for the mine must comply with former section 53 in relation to the substance, goods or thing as if the Mining Legislation (Classification of Chemicals) Amendment Regulation 2019 had not commenced. s 167 ins 2019 SL No. 140 s 18\n- (a) a hazardous substance, as defined under former schedule 7, at a mine before the commencement; and\n- (b) dangerous goods, as defined under former schedule 7, at a mine before the commencement; and\n- (c) any thing containing, or being used to transport at a mine— (i) a hazardous substance mentioned in paragraph (a); or (ii) dangerous goods mentioned in paragraph (b).\n- (i) a hazardous substance mentioned in paragraph (a); or\n- (ii) dangerous goods mentioned in paragraph (b).\n- (i) a hazardous substance mentioned in paragraph (a); or\n- (ii) dangerous goods mentioned in paragraph (b).","sortOrder":239},{"sectionNumber":"sec.168","sectionType":"section","heading":"Existing standard work instruction relating to hazardous substances and dangerous goods","content":"### sec.168 Existing standard work instruction relating to hazardous substances and dangerous goods\n\nThis section applies to a standard work instruction—\ncomplying with former section 55 or 58; and\nin effect immediately before the commencement.\nDuring the transition period, the standard work instruction is taken to be a standard work instruction complying with new sections 55 and 58.\nHowever, a site senior executive for a mine to whom new section 55 applies must start to develop a standard work instruction complying with new section 55 no later than 2 months after the commencement.\nAlso, a site senior executive for a mine to whom new section 58 applies must start to develop a standard work instruction complying with new section 58 no later than 2 months after the commencement.\nIn this section—\ntransition period means the period—\nstarting on the commencement; and\nending 6 months after the commencement.\ns 168 ins 2019 SL No. 140 s 18\n(sec.168-ssec.1) This section applies to a standard work instruction— complying with former section 55 or 58; and in effect immediately before the commencement.\n(sec.168-ssec.2) During the transition period, the standard work instruction is taken to be a standard work instruction complying with new sections 55 and 58.\n(sec.168-ssec.3) However, a site senior executive for a mine to whom new section 55 applies must start to develop a standard work instruction complying with new section 55 no later than 2 months after the commencement.\n(sec.168-ssec.4) Also, a site senior executive for a mine to whom new section 58 applies must start to develop a standard work instruction complying with new section 58 no later than 2 months after the commencement.\n(sec.168-ssec.5) In this section— transition period means the period— starting on the commencement; and ending 6 months after the commencement.\n- (a) complying with former section 55 or 58; and\n- (b) in effect immediately before the commencement.\n- (a) starting on the commencement; and\n- (b) ending 6 months after the commencement.","sortOrder":240},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Transitional provision for Natural Resources, Mines and Energy Legislation (Safety and Health) Amendment Regulation 2020","content":"# Transitional provision for Natural Resources, Mines and Energy Legislation (Safety and Health) Amendment Regulation 2020","sortOrder":241},{"sectionNumber":"sec.169","sectionType":"section","heading":"Requirement to keep records of information included in safety and health census","content":"### sec.169 Requirement to keep records of information included in safety and health census\n\nThe requirements under section 11DC relating to the keeping of records of information included in a safety and health census apply only if the safety and health census is for a reporting period that starts after the commencement.\ns 169 ins 2020 SL No. 69 s 20","sortOrder":242},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Transitional provisions for Mining Safety and Health Legislation (Health Surveillance) Amendment Regulation 2020","content":"# Transitional provisions for Mining Safety and Health Legislation (Health Surveillance) Amendment Regulation 2020","sortOrder":243},{"sectionNumber":"sec.170","sectionType":"section","heading":"Definition for part","content":"### sec.170 Definition for part\n\nIn this part—\npre-amended regulation means this regulation as in force before the commencement.\ns 170 ins 2020 SL No. 108 s 13","sortOrder":244},{"sectionNumber":"sec.171","sectionType":"section","heading":"Persons for whom health surveillance before commencement included respiratory health surveillance","content":"### sec.171 Persons for whom health surveillance before commencement included respiratory health surveillance\n\nThis section applies if—\non or within 2 years after the commencement, section 145C applies in relation to a person; and\nhealth surveillance was carried out for the person under the pre-amended regulation; and\nthe health surveillance included respiratory health surveillance.\nThe health surveillance is taken to be respiratory health surveillance for the person for chapter 2, part 14, division 3, subdivision 3.\nThe next respiratory health surveillance must be carried out for the person under chapter 2, part 14, division 3, subdivision 3 before the later of the following—\n5 years after the health surveillance was carried out for the person under the pre-amended regulation;\n2 years after the commencement.\ns 171 ins 2020 SL No. 108 s 13\n(sec.171-ssec.1) This section applies if— on or within 2 years after the commencement, section 145C applies in relation to a person; and health surveillance was carried out for the person under the pre-amended regulation; and the health surveillance included respiratory health surveillance.\n(sec.171-ssec.2) The health surveillance is taken to be respiratory health surveillance for the person for chapter 2, part 14, division 3, subdivision 3.\n(sec.171-ssec.3) The next respiratory health surveillance must be carried out for the person under chapter 2, part 14, division 3, subdivision 3 before the later of the following— 5 years after the health surveillance was carried out for the person under the pre-amended regulation; 2 years after the commencement.\n- (a) on or within 2 years after the commencement, section 145C applies in relation to a person; and\n- (b) health surveillance was carried out for the person under the pre-amended regulation; and\n- (c) the health surveillance included respiratory health surveillance.\n- (a) 5 years after the health surveillance was carried out for the person under the pre-amended regulation;\n- (b) 2 years after the commencement.","sortOrder":245},{"sectionNumber":"sec.172","sectionType":"section","heading":"Persons for whom health surveillance before commencement included some but not all respiratory health examinations","content":"### sec.172 Persons for whom health surveillance before commencement included some but not all respiratory health examinations\n\nThis section applies if—\non or within 2 years after the commencement, section 145C applies in relation to a person; and\nhealth surveillance was carried out for the person under the pre-amended regulation; and\nthe health surveillance included 1 or more but not all of the respiratory health examinations.\nRespiratory health surveillance must be carried out for the person under chapter 2, part 14, division 3, subdivision 3 within 2 years after the commencement.\nA respiratory health examination carried out for the person within 3 years before the commencement is taken to have been carried out for the respiratory health surveillance under chapter 2, part 14, division 3, subdivision 3.\nHealth surveillance was carried out for a worker before the commencement and the health surveillance included all respiratory health examinations other than a further reading of a chest x-ray. The respiratory health examinations that were included in the health surveillance are taken to have been carried out for the respiratory health surveillance for the worker under chapter 2, part 14, division 3, subdivision 3. This means only a further reading of a chest x-ray is needed to be carried out under that subdivision.\nIf respiratory health surveillance carried out for a person under subsection (2) does not include a respiratory health examination as provided under subsection (3), the person’s respiratory health surveillance under subsection (2) is taken to have been carried out when the first respiratory health examination forming part of the respiratory health surveillance was carried out.\ns 172 ins 2020 SL No. 108 s 13\n(sec.172-ssec.1) This section applies if— on or within 2 years after the commencement, section 145C applies in relation to a person; and health surveillance was carried out for the person under the pre-amended regulation; and the health surveillance included 1 or more but not all of the respiratory health examinations.\n(sec.172-ssec.2) Respiratory health surveillance must be carried out for the person under chapter 2, part 14, division 3, subdivision 3 within 2 years after the commencement.\n(sec.172-ssec.3) A respiratory health examination carried out for the person within 3 years before the commencement is taken to have been carried out for the respiratory health surveillance under chapter 2, part 14, division 3, subdivision 3. Health surveillance was carried out for a worker before the commencement and the health surveillance included all respiratory health examinations other than a further reading of a chest x-ray. The respiratory health examinations that were included in the health surveillance are taken to have been carried out for the respiratory health surveillance for the worker under chapter 2, part 14, division 3, subdivision 3. This means only a further reading of a chest x-ray is needed to be carried out under that subdivision.\n(sec.172-ssec.4) If respiratory health surveillance carried out for a person under subsection (2) does not include a respiratory health examination as provided under subsection (3), the person’s respiratory health surveillance under subsection (2) is taken to have been carried out when the first respiratory health examination forming part of the respiratory health surveillance was carried out.\n- (a) on or within 2 years after the commencement, section 145C applies in relation to a person; and\n- (b) health surveillance was carried out for the person under the pre-amended regulation; and\n- (c) the health surveillance included 1 or more but not all of the respiratory health examinations.","sortOrder":246},{"sectionNumber":"sec.173","sectionType":"section","heading":"Other persons to whom section 145C applies","content":"### sec.173 Other persons to whom section 145C applies\n\nThis section applies if—\non or within 2 years after the commencement, section 145C applies in relation to a person; and\nneither section 171 nor section 172 applies to the person.\nRespiratory health surveillance must be carried out for the person under chapter 2, part 14, division 3, subdivision 3 within 2 years after the commencement.\ns 173 ins 2020 SL No. 108 s 13\n(sec.173-ssec.1) This section applies if— on or within 2 years after the commencement, section 145C applies in relation to a person; and neither section 171 nor section 172 applies to the person.\n(sec.173-ssec.2) Respiratory health surveillance must be carried out for the person under chapter 2, part 14, division 3, subdivision 3 within 2 years after the commencement.\n- (a) on or within 2 years after the commencement, section 145C applies in relation to a person; and\n- (b) neither section 171 nor section 172 applies to the person.","sortOrder":247},{"sectionNumber":"sec.174","sectionType":"section","heading":"Application of s 145H","content":"### sec.174 Application of s 145H\n\nSection 145H applies only to a person who permanently stops being a worker after the commencement.\ns 174 ins 2020 SL No. 108 s 13","sortOrder":248},{"sectionNumber":"sec.175","sectionType":"section","heading":"Application of ch 2, pt 14, div 3, sdiv 4","content":"### sec.175 Application of ch 2, pt 14, div 3, sdiv 4\n\nChapter 2, part 14, division 3, subdivision 4 applies to a person whether the person permanently stopped being a worker before or after the commencement.\ns 175 ins 2020 SL No. 108 s 13","sortOrder":249},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Transitional provision for Mining Legislation (Continuing Professional Development) Amendment Regulation 2022","content":"# Transitional provision for Mining Legislation (Continuing Professional Development) Amendment Regulation 2022","sortOrder":250},{"sectionNumber":"sec.176","sectionType":"section","heading":"Application of CPD requirements during transitional period","content":"### sec.176 Application of CPD requirements during transitional period\n\nSections 148C and 148D do not apply to a holder of a certificate of competency or site senior executive notice during the transitional period.\nSubsection (1) does not prevent the holder doing any of the following things during the transitional period—\nobtaining a practising certificate;\ncompleting CPD activities for the holder’s certificate of competency or site senior executive notice;\ngiving the board of examiners notice, and evidence, of completed CPD activities as mentioned in section 148D.\nIn this section—\ntransitional period means the period starting on the commencement and ending on the day that is 3 years after the commencement.\ns 176 ins 2022 SL No. 69 s 10\n(sec.176-ssec.1) Sections 148C and 148D do not apply to a holder of a certificate of competency or site senior executive notice during the transitional period.\n(sec.176-ssec.2) Subsection (1) does not prevent the holder doing any of the following things during the transitional period— obtaining a practising certificate; completing CPD activities for the holder’s certificate of competency or site senior executive notice; giving the board of examiners notice, and evidence, of completed CPD activities as mentioned in section 148D.\n(sec.176-ssec.3) In this section— transitional period means the period starting on the commencement and ending on the day that is 3 years after the commencement.\n- (a) obtaining a practising certificate;\n- (b) completing CPD activities for the holder’s certificate of competency or site senior executive notice;\n- (c) giving the board of examiners notice, and evidence, of completed CPD activities as mentioned in section 148D.","sortOrder":251},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Transitional provisions for Mining and Quarrying Safety and Health (Lead) Amendment Regulation 2023","content":"# Transitional provisions for Mining and Quarrying Safety and Health (Lead) Amendment Regulation 2023","sortOrder":252},{"sectionNumber":"sec.177","sectionType":"section","heading":"Definition for part","content":"### sec.177 Definition for part\n\nIn this part—\nformer , for a provision of this regulation, means the provision as in force from time to time before the commencement.\ns 177 ins 2023 SL No. 71 s 14","sortOrder":253},{"sectionNumber":"sec.178","sectionType":"section","heading":"Giving information about health risks of lead process","content":"### sec.178 Giving information about health risks of lead process\n\nThis section applies if, on the commencement, a person is carrying out work in a lead process at a mine.\nThe site senior executive for the mine must give the information mentioned in section 145B(3) to the worker as soon as practicable after the commencement.\nHowever, the site senior executive need not give the information mentioned in section 145B(3)(a) to the worker if the same, or substantially the same, information has already been given to the worker.\ns 178 ins 2023 SL No. 71 s 14\n(sec.178-ssec.1) This section applies if, on the commencement, a person is carrying out work in a lead process at a mine.\n(sec.178-ssec.2) The site senior executive for the mine must give the information mentioned in section 145B(3) to the worker as soon as practicable after the commencement.\n(sec.178-ssec.3) However, the site senior executive need not give the information mentioned in section 145B(3)(a) to the worker if the same, or substantially the same, information has already been given to the worker.","sortOrder":254},{"sectionNumber":"sec.179","sectionType":"section","heading":"Review of measures to control health risks from exposure to lead","content":"### sec.179 Review of measures to control health risks from exposure to lead\n\nSection 145H applies in relation to circumstances mentioned in section 145H(1) that happen after the commencement.\nFor applying section 145H(1)(g), the first 5-year period starts on the day this section commences.\ns 179 ins 2023 SL No. 71 s 14\n(sec.179-ssec.1) Section 145H applies in relation to circumstances mentioned in section 145H(1) that happen after the commencement.\n(sec.179-ssec.2) For applying section 145H(1)(g), the first 5-year period starts on the day this section commences.","sortOrder":255},{"sectionNumber":"sec.180","sectionType":"section","heading":"Identifying and notifying lead risk jobs","content":"### sec.180 Identifying and notifying lead risk jobs\n\nSections 145I, 145J and 145K apply in relation to a lead process at a mine, even if the lead process started being carried out at the mine before the commencement.\nIf, on the commencement, the site senior executive for the mine knows that work carried out in the lead process is a lead risk job, section 145J applies to the site senior executive as if the site senior executive determined the work is a lead risk job on the commencement.\ns 180 ins 2023 SL No. 71 s 14\n(sec.180-ssec.1) Sections 145I, 145J and 145K apply in relation to a lead process at a mine, even if the lead process started being carried out at the mine before the commencement.\n(sec.180-ssec.2) If, on the commencement, the site senior executive for the mine knows that work carried out in the lead process is a lead risk job, section 145J applies to the site senior executive as if the site senior executive determined the work is a lead risk job on the commencement.","sortOrder":256},{"sectionNumber":"sec.181","sectionType":"section","heading":"Application of health surveillance requirements etc.","content":"### sec.181 Application of health surveillance requirements etc.\n\nA thing done or required to be done under or in relation to a former relevant provision is, from the commencement, taken to have been done or required to be done under or in relation to the corresponding new provision for the former relevant provision.\nAlso, if the context permits, a reference in part 4 to a former relevant provision may be taken to be a reference to the corresponding new provision for the former relevant provision.\nIn this section—\ncorresponding new provision , for a former relevant provision, means the provision of schedule 2E that corresponds, or substantially corresponds, to the former relevant provision.\nformer relevant provision means former section 139(2) or a provision of former chapter 2, part 14, division 3.\ns 181 ins 2023 SL No. 71 s 14\n(sec.181-ssec.1) A thing done or required to be done under or in relation to a former relevant provision is, from the commencement, taken to have been done or required to be done under or in relation to the corresponding new provision for the former relevant provision.\n(sec.181-ssec.2) Also, if the context permits, a reference in part 4 to a former relevant provision may be taken to be a reference to the corresponding new provision for the former relevant provision.\n(sec.181-ssec.3) In this section— corresponding new provision , for a former relevant provision, means the provision of schedule 2E that corresponds, or substantially corresponds, to the former relevant provision. former relevant provision means former section 139(2) or a provision of former chapter 2, part 14, division 3.","sortOrder":257},{"sectionNumber":"sec.182","sectionType":"section","heading":"Biological monitoring for existing workers in blood lead exposure monitoring program","content":"### sec.182 Biological monitoring for existing workers in blood lead exposure monitoring program\n\nThis section applies in relation to a worker at a mine on the commencement if—\nthe worker carries out work in a lead process at the mine; and\nhealth surveillance was provided for the worker, before the commencement, under a blood lead exposure monitoring program for the mine.\nSchedule 2E, section 21 does not apply in relation to the worker.\nHowever, biological monitoring of the worker after the commencement must be arranged under schedule 2E, section 22.\nFor subsection (3), the first biological monitoring of the worker under schedule 2E, section 22 must be carried out on or before the due date for the next biological monitoring of the worker under the blood lead exposure monitoring program for the mine.\nIn this section—\nblood lead exposure monitoring program , for a mine, means a program for health surveillance of workers carrying out lead risk jobs at the mine adopted in accordance with section 15 of the inorganic lead standard.\ninorganic lead standard means the document declared by NOHSC called ‘National Standard for the Control of Inorganic Lead at Work [NOHSC:1012(1994)]’.\ns 182 ins 2023 SL No. 71 s 14\n(sec.182-ssec.1) This section applies in relation to a worker at a mine on the commencement if— the worker carries out work in a lead process at the mine; and health surveillance was provided for the worker, before the commencement, under a blood lead exposure monitoring program for the mine.\n(sec.182-ssec.2) Schedule 2E, section 21 does not apply in relation to the worker.\n(sec.182-ssec.3) However, biological monitoring of the worker after the commencement must be arranged under schedule 2E, section 22.\n(sec.182-ssec.4) For subsection (3), the first biological monitoring of the worker under schedule 2E, section 22 must be carried out on or before the due date for the next biological monitoring of the worker under the blood lead exposure monitoring program for the mine.\n(sec.182-ssec.5) In this section— blood lead exposure monitoring program , for a mine, means a program for health surveillance of workers carrying out lead risk jobs at the mine adopted in accordance with section 15 of the inorganic lead standard. inorganic lead standard means the document declared by NOHSC called ‘National Standard for the Control of Inorganic Lead at Work [NOHSC:1012(1994)]’.\n- (a) the worker carries out work in a lead process at the mine; and\n- (b) health surveillance was provided for the worker, before the commencement, under a blood lead exposure monitoring program for the mine.","sortOrder":258},{"sectionNumber":"sec.183","sectionType":"section","heading":"Lead health surveillance and biological monitoring for other existing workers","content":"### sec.183 Lead health surveillance and biological monitoring for other existing workers\n\nThis section applies in relation to a worker at a mine on the commencement if—\nthe worker carries out work in a lead process at the mine; and\nsection 182 does not apply in relation to the worker.\nSchedule 2E, part 4, division 2 applies in relation to the worker.\nFor subsection (2), lead health surveillance of the worker under schedule 2E, section 21 must be arranged—\nas soon as practicable after the commencement; and\n1 month after the lead health surveillance of the worker under paragraph (a).\ns 183 ins 2023 SL No. 71 s 14\n(sec.183-ssec.1) This section applies in relation to a worker at a mine on the commencement if— the worker carries out work in a lead process at the mine; and section 182 does not apply in relation to the worker.\n(sec.183-ssec.2) Schedule 2E, part 4, division 2 applies in relation to the worker.\n(sec.183-ssec.3) For subsection (2), lead health surveillance of the worker under schedule 2E, section 21 must be arranged— as soon as practicable after the commencement; and 1 month after the lead health surveillance of the worker under paragraph (a).\n- (a) the worker carries out work in a lead process at the mine; and\n- (b) section 182 does not apply in relation to the worker.\n- (a) as soon as practicable after the commencement; and\n- (b) 1 month after the lead health surveillance of the worker under paragraph (a).","sortOrder":259},{"sectionNumber":"sec.184","sectionType":"section","heading":"Removal of worker etc. if worker removed from lead risk job before commencement","content":"### sec.184 Removal of worker etc. if worker removed from lead risk job before commencement\n\nThis section applies in relation to a worker at a mine on the commencement if—\nbefore the commencement—\nthe worker carried out a lead risk job at the mine; and\nthe worker was removed from the lead risk job under former section 139(3)(a); and\nimmediately before the commencement, the worker had not resumed the lead risk job under former section 139(3)(b).\nSchedule 2E, section 26 applies in relation to the worker as if the worker had been removed from carrying out a lead risk job under schedule 2E, section 24.\ns 184 ins 2023 SL No. 71 s 14\n(sec.184-ssec.1) This section applies in relation to a worker at a mine on the commencement if— before the commencement— the worker carried out a lead risk job at the mine; and the worker was removed from the lead risk job under former section 139(3)(a); and immediately before the commencement, the worker had not resumed the lead risk job under former section 139(3)(b).\n(sec.184-ssec.2) Schedule 2E, section 26 applies in relation to the worker as if the worker had been removed from carrying out a lead risk job under schedule 2E, section 24.\n- (a) before the commencement— (i) the worker carried out a lead risk job at the mine; and (ii) the worker was removed from the lead risk job under former section 139(3)(a); and\n- (i) the worker carried out a lead risk job at the mine; and\n- (ii) the worker was removed from the lead risk job under former section 139(3)(a); and\n- (b) immediately before the commencement, the worker had not resumed the lead risk job under former section 139(3)(b).\n- (i) the worker carried out a lead risk job at the mine; and\n- (ii) the worker was removed from the lead risk job under former section 139(3)(a); and","sortOrder":260},{"sectionNumber":"sec.185","sectionType":"section","heading":"Removal of worker etc. if worker not removed from lead risk job before commencement","content":"### sec.185 Removal of worker etc. if worker not removed from lead risk job before commencement\n\nThis section applies in relation to a worker at a mine on the commencement if each of the following applied to the worker immediately before the commencement—\nthe worker had been carrying out a lead risk job at the mine;\nthe most recent health surveillance of the worker in relation to the lead risk job resulted in a circumstance mentioned in schedule 2E, section 24(1)(a), (b) or (c);\nthe worker had not been removed from the lead risk job under former section 139(3)(a) or otherwise.\nSchedule 2E, part 4 applies in relation to the worker as if the health surveillance of the worker had been carried out under schedule 2E.\ns 185 ins 2023 SL No. 71 s 14\n(sec.185-ssec.1) This section applies in relation to a worker at a mine on the commencement if each of the following applied to the worker immediately before the commencement— the worker had been carrying out a lead risk job at the mine; the most recent health surveillance of the worker in relation to the lead risk job resulted in a circumstance mentioned in schedule 2E, section 24(1)(a), (b) or (c); the worker had not been removed from the lead risk job under former section 139(3)(a) or otherwise.\n(sec.185-ssec.2) Schedule 2E, part 4 applies in relation to the worker as if the health surveillance of the worker had been carried out under schedule 2E.\n- (a) the worker had been carrying out a lead risk job at the mine;\n- (b) the most recent health surveillance of the worker in relation to the lead risk job resulted in a circumstance mentioned in schedule 2E, section 24(1)(a), (b) or (c);\n- (c) the worker had not been removed from the lead risk job under former section 139(3)(a) or otherwise.","sortOrder":261},{"sectionNumber":"sch.2E-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":262},{"sectionNumber":"sch.2E-sec.1","sectionType":"section","heading":"What is a health surveillance report","content":"### sch.2E-sec.1 What is a health surveillance report\n\nA health surveillance report is a document about the health surveillance or part of health surveillance of a person that includes—\neither or both of the following—\nadvice about the effects on the person’s health related to the person’s exposure to a hazard at a mine;\nrecommendations about the need for remedial action, or further monitoring, arising from the health surveillance; and\nif a reportable disease is identified—\nthe reportable disease identified; and\nwhen the person was first diagnosed with the reportable disease, if known; and\nthe name of the appropriate doctor.\nA health surveillance report relating to a person’s exposure to lead at a mine may include, either in addition to or instead of the matters mentioned in subsection (1) (a) , biological monitoring results or clinical findings relating to the person’s exposure to lead at the mine.\n(sch.2E-sec.1-ssec.1) A health surveillance report is a document about the health surveillance or part of health surveillance of a person that includes— either or both of the following— advice about the effects on the person’s health related to the person’s exposure to a hazard at a mine; recommendations about the need for remedial action, or further monitoring, arising from the health surveillance; and if a reportable disease is identified— the reportable disease identified; and when the person was first diagnosed with the reportable disease, if known; and the name of the appropriate doctor.\n(sch.2E-sec.1-ssec.2) A health surveillance report relating to a person’s exposure to lead at a mine may include, either in addition to or instead of the matters mentioned in subsection (1) (a) , biological monitoring results or clinical findings relating to the person’s exposure to lead at the mine.\n- (a) either or both of the following— (i) advice about the effects on the person’s health related to the person’s exposure to a hazard at a mine; (ii) recommendations about the need for remedial action, or further monitoring, arising from the health surveillance; and\n- (i) advice about the effects on the person’s health related to the person’s exposure to a hazard at a mine;\n- (ii) recommendations about the need for remedial action, or further monitoring, arising from the health surveillance; and\n- (b) if a reportable disease is identified— (i) the reportable disease identified; and (ii) when the person was first diagnosed with the reportable disease, if known; and\n- (i) the reportable disease identified; and\n- (ii) when the person was first diagnosed with the reportable disease, if known; and\n- (c) the name of the appropriate doctor.\n- (i) advice about the effects on the person’s health related to the person’s exposure to a hazard at a mine;\n- (ii) recommendations about the need for remedial action, or further monitoring, arising from the health surveillance; and\n- (i) the reportable disease identified; and\n- (ii) when the person was first diagnosed with the reportable disease, if known; and","sortOrder":263},{"sectionNumber":"sch.2E-sec.2","sectionType":"section","heading":"Application of health surveillance requirements","content":"### sch.2E-sec.2 Application of health surveillance requirements\n\nA health surveillance requirement applies in relation to a person in addition to a requirement for a health assessment applying in relation to the person.\nIf more than 1 health surveillance requirement applies in relation to a person, each health surveillance requirement must be complied with.\nIn this section—\nhealth assessment means an assessment under section 131 .\nhealth surveillance requirement means a requirement under this schedule to arrange health surveillance or a part of health surveillance of a person.\n(sch.2E-sec.2-ssec.1) A health surveillance requirement applies in relation to a person in addition to a requirement for a health assessment applying in relation to the person.\n(sch.2E-sec.2-ssec.2) If more than 1 health surveillance requirement applies in relation to a person, each health surveillance requirement must be complied with.\n(sch.2E-sec.2-ssec.3) In this section— health assessment means an assessment under section 131 . health surveillance requirement means a requirement under this schedule to arrange health surveillance or a part of health surveillance of a person.","sortOrder":264},{"sectionNumber":"sch.2E-sec.3","sectionType":"section","heading":"Requirements about health surveillance","content":"### sch.2E-sec.3 Requirements about health surveillance\n\nThis section applies to health surveillance or part of health surveillance of a person required under this schedule.\na particular type of examination, biological monitoring\nThe person who arranges the health surveillance or part of health surveillance must ensure the health surveillance or part of health surveillance is done by or under the supervision of an appropriate doctor.\nThe appropriate doctor must give—\na copy of the health surveillance report for the health surveillance or part of health surveillance to the person who arranged the health surveillance or part of health surveillance; and\na copy and explanation of the health surveillance report for the health surveillance or part of health surveillance to—\nthe person to whom the report relates; and\nif requested by the person to whom the report relates—another person nominated by the person.\n(sch.2E-sec.3-ssec.1) This section applies to health surveillance or part of health surveillance of a person required under this schedule. a particular type of examination, biological monitoring\n(sch.2E-sec.3-ssec.2) The person who arranges the health surveillance or part of health surveillance must ensure the health surveillance or part of health surveillance is done by or under the supervision of an appropriate doctor.\n(sch.2E-sec.3-ssec.3) The appropriate doctor must give— a copy of the health surveillance report for the health surveillance or part of health surveillance to the person who arranged the health surveillance or part of health surveillance; and a copy and explanation of the health surveillance report for the health surveillance or part of health surveillance to— the person to whom the report relates; and if requested by the person to whom the report relates—another person nominated by the person.\n- (a) a copy of the health surveillance report for the health surveillance or part of health surveillance to the person who arranged the health surveillance or part of health surveillance; and\n- (b) a copy and explanation of the health surveillance report for the health surveillance or part of health surveillance to— (i) the person to whom the report relates; and (ii) if requested by the person to whom the report relates—another person nominated by the person.\n- (i) the person to whom the report relates; and\n- (ii) if requested by the person to whom the report relates—another person nominated by the person.\n- (i) the person to whom the report relates; and\n- (ii) if requested by the person to whom the report relates—another person nominated by the person.","sortOrder":265},{"sectionNumber":"sch.2E-sec.4","sectionType":"section","heading":"Removal of worker from work environment","content":"### sch.2E-sec.4 Removal of worker from work environment\n\nThis section applies if, following health surveillance or part of health surveillance of a worker at a mine under this schedule, test results indicate the worker has effects from a hazard at the mine exceeding the exposure limit applying to the worker for the hazard.\nThe site senior executive for the mine must ensure the worker is removed from, and does not resume, work involving exposure to a level of the hazard that would increase the effects or prevent the effects decreasing.\nSee also part 4 , division 3 in relation to workers who carry out a lead risk job.\n(sch.2E-sec.4-ssec.1) This section applies if, following health surveillance or part of health surveillance of a worker at a mine under this schedule, test results indicate the worker has effects from a hazard at the mine exceeding the exposure limit applying to the worker for the hazard.\n(sch.2E-sec.4-ssec.2) The site senior executive for the mine must ensure the worker is removed from, and does not resume, work involving exposure to a level of the hazard that would increase the effects or prevent the effects decreasing.","sortOrder":266},{"sectionNumber":"sch.2E-pt.2","sectionType":"part","heading":"Health surveillance for exposure to hazard","content":"# Health surveillance for exposure to hazard","sortOrder":267},{"sectionNumber":"sch.2E-sec.5","sectionType":"section","heading":"Requirement to arrange health surveillance","content":"### sch.2E-sec.5 Requirement to arrange health surveillance\n\nA site senior executive for a mine must arrange for health surveillance of a worker at the mine if the site senior executive reasonably believes, or ought reasonably to believe—\nexposure to a hazard at the mine may cause, or result in, an adverse health effect; and\nthe health effect may happen under the worker’s work conditions; and\neither—\na valid technique capable of detecting signs of the health effect exists; or\na valid biological monitoring procedure is available to detect changes from the current accepted values for the hazard.\na raised biological mercury level caused by exposure to mercury vapour\n- (a) exposure to a hazard at the mine may cause, or result in, an adverse health effect; and\n- (b) the health effect may happen under the worker’s work conditions; and\n- (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. Example of a change from current accepted values— a raised biological mercury level caused by exposure to mercury vapour\n- (i) a valid technique capable of detecting signs of the health effect exists; or\n- (ii) a valid biological monitoring procedure is available to detect changes from the current accepted values for the hazard. Example of a change from current accepted values— a raised biological mercury level caused by exposure to mercury vapour\n- (i) a valid technique capable of detecting signs of the health effect exists; or\n- (ii) a valid biological monitoring procedure is available to detect changes from the current accepted values for the hazard. Example of a change from current accepted values— a raised biological mercury level caused by exposure to mercury vapour","sortOrder":268},{"sectionNumber":"sch.2E-sec.6","sectionType":"section","heading":"Cost of health surveillance","content":"### sch.2E-sec.6 Cost of health surveillance\n\nThe employer of a worker must pay for—\nthe worker’s health surveillance under section 5 ; and\nthe documents and information required to be given under section 3 (3) for the health surveillance.\nMaximum penalty—30 penalty units.\nSubsection (1) is not a safety and health obligation for the Act .\n(sch.2E-sec.6-ssec.1) The employer of a worker must pay for— the worker’s health surveillance under section 5 ; and the documents and information required to be given under section 3 (3) for the health surveillance. Maximum penalty—30 penalty units.\n(sch.2E-sec.6-ssec.2) Subsection (1) is not a safety and health obligation for the Act .\n- (a) the worker’s health surveillance under section 5 ; and\n- (b) the documents and information required to be given under section 3 (3) for the health surveillance.","sortOrder":269},{"sectionNumber":"sch.2E-pt.3","sectionType":"part","heading":"Respiratory health surveillance","content":"# Respiratory health surveillance","sortOrder":270},{"sectionNumber":"sch.2E-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":271},{"sectionNumber":"sch.2E-sec.7","sectionType":"section","heading":"Definitions for part","content":"### sch.2E-sec.7 Definitions for part\n\nIn this part—\nadditional examination means an examination mentioned in this section, definition respiratory health examination , paragraph (f) .\nchest examination means—\nan examination of chest expansion; and\nauscultation.\nchest x-ray examination means an examination of an x-ray taken of a person’s chest—\nto screen for indications of pneumoconioses or other respiratory diseases; and\nperformed in compliance with the ILO guidelines.\ncomparative assessment , of a person’s spirometry, means a comparison of the results of the person’s spirometry with the results of the person’s previous spirometries for the purpose of identifying trends.\nformer worker see section 14 .\nfurther reading , of an x-ray taken of a person’s chest, means an examination of the x-ray—\nto screen for indications of pneumoconioses or other respiratory diseases; and\nperformed in compliance with the ILO guidelines; and\nperformed for the purpose of considering the classification of the x-ray under a previous chest x-ray examination and finally deciding the classification under the ILO guidelines.\nfurther surveillance period , for a person who becomes or is a worker at a mine, means—\nwithin 5 years after the most recent respiratory health surveillance was carried out for the person; or\nif the most recent health surveillance report for the person, or an appropriate doctor in consultation with the site senior executive for the mine, recommends respiratory health surveillance be carried out for the person within a period of less than 5 years—\nthe period recommended; or\nif there are 2 or more recommendations—the shortest of the periods recommended.\nILO guidelines means the guidelines called ‘Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses’ published by the International Labour Organization.\nThe ILO guidelines are available on the International Labour Organization’s website.\nrespiratory health examination , for a person, means each of the following—\na chest examination;\na spirometry;\na comparative assessment of the person’s spirometry if the results of 1 or more previous spirometries for the person are available;\na chest x-ray examination;\na further reading of the chest x-ray the subject of the examination under paragraph (d) ;\nanother examination the relevant appropriate doctor considers is necessary for the early detection of injury or illness to the person’s respiratory system.\nrespiratory health surveillance means health surveillance that includes all of the respiratory health examinations.\n- (a) an examination of chest expansion; and\n- (b) auscultation.\n- (a) to screen for indications of pneumoconioses or other respiratory diseases; and\n- (b) performed in compliance with the ILO guidelines.\n- (a) to screen for indications of pneumoconioses or other respiratory diseases; and\n- (b) performed in compliance with the ILO guidelines; and\n- (c) performed for the purpose of considering the classification of the x-ray under a previous chest x-ray examination and finally deciding the classification under the ILO guidelines.\n- (a) within 5 years after the most recent respiratory health surveillance was carried out for the person; or\n- (b) if the most recent health surveillance report for the person, or an appropriate doctor in consultation with the site senior executive for the mine, recommends respiratory health surveillance be carried out for the person within a period of less than 5 years— (i) the period recommended; or (ii) if there are 2 or more recommendations—the shortest of the periods recommended.\n- (i) the period recommended; or\n- (ii) if there are 2 or more recommendations—the shortest of the periods recommended.\n- (i) the period recommended; or\n- (ii) if there are 2 or more recommendations—the shortest of the periods recommended.\n- (a) a chest examination;\n- (b) a spirometry;\n- (c) a comparative assessment of the person’s spirometry if the results of 1 or more previous spirometries for the person are available;\n- (d) a chest x-ray examination;\n- (e) a further reading of the chest x-ray the subject of the examination under paragraph (d) ;\n- (f) another examination the relevant appropriate doctor considers is necessary for the early detection of injury or illness to the person’s respiratory system.","sortOrder":272},{"sectionNumber":"sch.2E-pt.3-div.2","sectionType":"division","heading":"Respiratory health surveillance arranged by site senior executive","content":"## Respiratory health surveillance arranged by site senior executive","sortOrder":273},{"sectionNumber":"sch.2E-sec.8","sectionType":"section","heading":"Requirement to arrange respiratory health surveillance","content":"### sch.2E-sec.8 Requirement to arrange respiratory health surveillance\n\nA site senior executive for a mine must arrange for respiratory health surveillance of a person who becomes, is or stops being a worker at the mine at the times stated in this division.\nSubsection (1) does not apply to a person whose current or previous exposure to hazards is shown by a risk assessment to create a risk to the person’s respiratory system so minimal that it can be managed effectively without respiratory health surveillance being carried out for the person.\n(sch.2E-sec.8-ssec.1) A site senior executive for a mine must arrange for respiratory health surveillance of a person who becomes, is or stops being a worker at the mine at the times stated in this division.\n(sch.2E-sec.8-ssec.2) Subsection (1) does not apply to a person whose current or previous exposure to hazards is shown by a risk assessment to create a risk to the person’s respiratory system so minimal that it can be managed effectively without respiratory health surveillance being carried out for the person.","sortOrder":274},{"sectionNumber":"sch.2E-sec.9","sectionType":"section","heading":"General timing of respiratory health surveillance of a person who becomes a worker","content":"### sch.2E-sec.9 General timing of respiratory health surveillance of a person who becomes a worker\n\nRespiratory health surveillance of a person who becomes a worker at a mine must be carried out—\nif respiratory health surveillance has not previously been carried out for the person—before the person becomes a worker at the mine; or\nif respiratory health surveillance has previously been carried out for the person—within the further surveillance period for the person.\nHowever, if the respiratory health surveillance is to include an additional examination and the additional examination can not be carried out within the period stated in subsection (1) , the additional examination must be carried out as soon as practicable after the end of the period.\n(sch.2E-sec.9-ssec.1) Respiratory health surveillance of a person who becomes a worker at a mine must be carried out— if respiratory health surveillance has not previously been carried out for the person—before the person becomes a worker at the mine; or if respiratory health surveillance has previously been carried out for the person—within the further surveillance period for the person.\n(sch.2E-sec.9-ssec.2) However, if the respiratory health surveillance is to include an additional examination and the additional examination can not be carried out within the period stated in subsection (1) , the additional examination must be carried out as soon as practicable after the end of the period.\n- (a) if respiratory health surveillance has not previously been carried out for the person—before the person becomes a worker at the mine; or\n- (b) if respiratory health surveillance has previously been carried out for the person—within the further surveillance period for the person.","sortOrder":275},{"sectionNumber":"sch.2E-sec.10","sectionType":"section","heading":"General timing of respiratory health surveillance of a person who is a worker","content":"### sch.2E-sec.10 General timing of respiratory health surveillance of a person who is a worker\n\nRespiratory health surveillance of a person who is a worker must be carried out within the further surveillance period for the person.\nHowever, if the respiratory health surveillance is to include an additional examination and the additional examination can not be carried out within the further surveillance period, the additional examination must be carried out as soon as practicable after the end of the period.\nSubsection (4) applies if the most recent health surveillance report for the person, or an appropriate doctor in consultation with the site senior executive for the mine, recommends a particular respiratory health examination be carried out for the person before respiratory health surveillance is carried out for the person under subsection (1) .\nThe respiratory health examination must be carried out within the period recommended by the report or appropriate doctor.\n(sch.2E-sec.10-ssec.1) Respiratory health surveillance of a person who is a worker must be carried out within the further surveillance period for the person.\n(sch.2E-sec.10-ssec.2) However, if the respiratory health surveillance is to include an additional examination and the additional examination can not be carried out within the further surveillance period, the additional examination must be carried out as soon as practicable after the end of the period.\n(sch.2E-sec.10-ssec.3) Subsection (4) applies if the most recent health surveillance report for the person, or an appropriate doctor in consultation with the site senior executive for the mine, recommends a particular respiratory health examination be carried out for the person before respiratory health surveillance is carried out for the person under subsection (1) .\n(sch.2E-sec.10-ssec.4) The respiratory health examination must be carried out within the period recommended by the report or appropriate doctor.","sortOrder":276},{"sectionNumber":"sch.2E-sec.11","sectionType":"section","heading":"General timing of respiratory health surveillance of a person who stops being a worker","content":"### sch.2E-sec.11 General timing of respiratory health surveillance of a person who stops being a worker\n\nThis section applies to a person who—\npermanently stops being a worker; and\nwas a worker for at least 3 years; and\nduring the 3 years before the person stops being a worker, did not have respiratory health surveillance.\nThe person may ask the person’s employer or former employer for respiratory health surveillance to be carried out—\nduring the 6-month period that begins 3 months before the person stops being a worker; and\nat a time, or times, during that period when the person is available for the surveillance.\nIf the person asks for respiratory health surveillance under subsection (2) , respiratory health surveillance of the person must be carried out—\nwithin the period mentioned in subsection (2) (a) ; and\nat the time or times mentioned in subsection (2) (b) .\nIn this section—\nformer employer , of a person who stops being a worker, means the person’s employer immediately before the person stops being a worker.\n(sch.2E-sec.11-ssec.1) This section applies to a person who— permanently stops being a worker; and was a worker for at least 3 years; and during the 3 years before the person stops being a worker, did not have respiratory health surveillance.\n(sch.2E-sec.11-ssec.2) The person may ask the person’s employer or former employer for respiratory health surveillance to be carried out— during the 6-month period that begins 3 months before the person stops being a worker; and at a time, or times, during that period when the person is available for the surveillance.\n(sch.2E-sec.11-ssec.3) If the person asks for respiratory health surveillance under subsection (2) , respiratory health surveillance of the person must be carried out— within the period mentioned in subsection (2) (a) ; and at the time or times mentioned in subsection (2) (b) .\n(sch.2E-sec.11-ssec.4) In this section— former employer , of a person who stops being a worker, means the person’s employer immediately before the person stops being a worker.\n- (a) permanently stops being a worker; and\n- (b) was a worker for at least 3 years; and\n- (c) during the 3 years before the person stops being a worker, did not have respiratory health surveillance.\n- (a) during the 6-month period that begins 3 months before the person stops being a worker; and\n- (b) at a time, or times, during that period when the person is available for the surveillance.\n- (a) within the period mentioned in subsection (2) (a) ; and\n- (b) at the time or times mentioned in subsection (2) (b) .","sortOrder":277},{"sectionNumber":"sch.2E-sec.12","sectionType":"section","heading":"Delaying respiratory health examination","content":"### sch.2E-sec.12 Delaying respiratory health examination\n\nThis section applies if an appropriate doctor considers the risk to any person from delaying a respiratory health examination to be lower than the risk to the person undergoing the examination of an adverse health effect of the examination.\nAn appropriate doctor may consider the risk to a pregnant worker from delaying a chest x-ray examination to be lower than the risk to the worker of an adverse health effect of the examination.\nDespite sections 9 to 11 , the respiratory health examination may be carried out up to 1 year after the period provided for in those provisions.\nIf a respiratory health examination is delayed under subsection (2) , the last respiratory health surveillance is taken to have been carried out at the time of the respiratory health examinations that were not delayed.\nIn this section—\nrisk , to a person, includes a risk to an unborn child of the person.\n(sch.2E-sec.12-ssec.1) This section applies if an appropriate doctor considers the risk to any person from delaying a respiratory health examination to be lower than the risk to the person undergoing the examination of an adverse health effect of the examination. An appropriate doctor may consider the risk to a pregnant worker from delaying a chest x-ray examination to be lower than the risk to the worker of an adverse health effect of the examination.\n(sch.2E-sec.12-ssec.2) Despite sections 9 to 11 , the respiratory health examination may be carried out up to 1 year after the period provided for in those provisions.\n(sch.2E-sec.12-ssec.3) If a respiratory health examination is delayed under subsection (2) , the last respiratory health surveillance is taken to have been carried out at the time of the respiratory health examinations that were not delayed.\n(sch.2E-sec.12-ssec.4) In this section— risk , to a person, includes a risk to an unborn child of the person.","sortOrder":278},{"sectionNumber":"sch.2E-sec.13","sectionType":"section","heading":"Cost of respiratory health surveillance","content":"### sch.2E-sec.13 Cost of respiratory health surveillance\n\nThe employer of a worker or the potential employer of a person who becomes a worker must pay for—\nthe worker’s or person’s respiratory health surveillance and each respiratory health examination; and\nthe documents and information required to be given under section 3 (3) for the respiratory health surveillance.\nMaximum penalty—30 penalty units.\nSubsection (1) is not a safety and health obligation for the Act .\n(sch.2E-sec.13-ssec.1) The employer of a worker or the potential employer of a person who becomes a worker must pay for— the worker’s or person’s respiratory health surveillance and each respiratory health examination; and the documents and information required to be given under section 3 (3) for the respiratory health surveillance. Maximum penalty—30 penalty units.\n(sch.2E-sec.13-ssec.2) Subsection (1) is not a safety and health obligation for the Act .\n- (a) the worker’s or person’s respiratory health surveillance and each respiratory health examination; and\n- (b) the documents and information required to be given under section 3 (3) for the respiratory health surveillance.","sortOrder":279},{"sectionNumber":"sch.2E-pt.3-div.3","sectionType":"division","heading":"Respiratory health surveillance of former workers arranged by CEO","content":"## Respiratory health surveillance of former workers arranged by CEO","sortOrder":280},{"sectionNumber":"sch.2E-sec.14","sectionType":"section","heading":"Application of division","content":"### sch.2E-sec.14 Application of division\n\nThis division applies in relation to a person (a former worker ) who—\nhas permanently stopped being a worker; and\nwas a worker for at least 3 years.\n- (a) has permanently stopped being a worker; and\n- (b) was a worker for at least 3 years.","sortOrder":281},{"sectionNumber":"sch.2E-sec.15","sectionType":"section","heading":"Request for respiratory health surveillance","content":"### sch.2E-sec.15 Request for respiratory health surveillance\n\nA former worker may ask the CEO for respiratory health surveillance of the former worker.\nHowever, a former worker may not ask for respiratory health surveillance until at least 5 years after the former worker’s last respiratory health surveillance.\nSubsection (2) does not apply if—\nthe most recent health surveillance report for the former worker recommends respiratory health surveillance be carried out within a period of less than 5 years; or\nthe former worker gives the CEO a medical certificate signed by a doctor stating the former worker has symptoms that may indicate injury or illness to the former worker’s respiratory system caused by exposure to a hazard at a mine.\n(sch.2E-sec.15-ssec.1) A former worker may ask the CEO for respiratory health surveillance of the former worker.\n(sch.2E-sec.15-ssec.2) However, a former worker may not ask for respiratory health surveillance until at least 5 years after the former worker’s last respiratory health surveillance.\n(sch.2E-sec.15-ssec.3) Subsection (2) does not apply if— the most recent health surveillance report for the former worker recommends respiratory health surveillance be carried out within a period of less than 5 years; or the former worker gives the CEO a medical certificate signed by a doctor stating the former worker has symptoms that may indicate injury or illness to the former worker’s respiratory system caused by exposure to a hazard at a mine.\n- (a) the most recent health surveillance report for the former worker recommends respiratory health surveillance be carried out within a period of less than 5 years; or\n- (b) the former worker gives the CEO a medical certificate signed by a doctor stating the former worker has symptoms that may indicate injury or illness to the former worker’s respiratory system caused by exposure to a hazard at a mine.","sortOrder":282},{"sectionNumber":"sch.2E-sec.16","sectionType":"section","heading":"General timing of respiratory health surveillance","content":"### sch.2E-sec.16 General timing of respiratory health surveillance\n\nIf a former worker makes a request under section 15 (1) , the CEO must arrange for respiratory health surveillance of the former worker as soon as practicable after receiving the request.","sortOrder":283},{"sectionNumber":"sch.2E-sec.17","sectionType":"section","heading":"Delaying respiratory health examination","content":"### sch.2E-sec.17 Delaying respiratory health examination\n\nThis section applies if an appropriate doctor considers the risk to a former worker of an adverse health effect from delaying a respiratory health examination to be lower than the risk to the former worker of an adverse health effect of the examination.\nAn appropriate doctor may consider the risk to a pregnant former worker of an adverse health effect from delaying a chest x-ray examination to be lower than the risk to the former worker of an adverse health effect of the examination.\nDespite section 16 , the respiratory health examination may be carried out up to 1 year after the CEO receives the request.\nIf a respiratory health examination is delayed under subsection (2) , the last respiratory health surveillance is taken to have been carried out at the time of the respiratory health examinations that were not delayed.\nIn this section—\nrisk , to a former worker, includes a risk to an unborn child of the former worker.\n(sch.2E-sec.17-ssec.1) This section applies if an appropriate doctor considers the risk to a former worker of an adverse health effect from delaying a respiratory health examination to be lower than the risk to the former worker of an adverse health effect of the examination. An appropriate doctor may consider the risk to a pregnant former worker of an adverse health effect from delaying a chest x-ray examination to be lower than the risk to the former worker of an adverse health effect of the examination.\n(sch.2E-sec.17-ssec.2) Despite section 16 , the respiratory health examination may be carried out up to 1 year after the CEO receives the request.\n(sch.2E-sec.17-ssec.3) If a respiratory health examination is delayed under subsection (2) , the last respiratory health surveillance is taken to have been carried out at the time of the respiratory health examinations that were not delayed.\n(sch.2E-sec.17-ssec.4) In this section— risk , to a former worker, includes a risk to an unborn child of the former worker.","sortOrder":284},{"sectionNumber":"sch.2E-sec.18","sectionType":"section","heading":"Additional documents to be given to CEO","content":"### sch.2E-sec.18 Additional documents to be given to CEO\n\nIf respiratory health surveillance of a former worker is carried out under this division, the appropriate doctor must give the CEO the information or other documents on which the health surveillance report about the respiratory health surveillance of the former worker was based.","sortOrder":285},{"sectionNumber":"sch.2E-sec.19","sectionType":"section","heading":"Cost of respiratory health surveillance","content":"### sch.2E-sec.19 Cost of respiratory health surveillance\n\nIf respiratory health surveillance of a former worker is carried out under this division, the CEO must pay for—\nthe respiratory health surveillance; and\nthe documents and information required to be given under section 3 (3) for the respiratory health surveillance; and\nthe documents mentioned in section 18 .\nSubsection (1) is not a safety and health obligation for the Act .\n(sch.2E-sec.19-ssec.1) If respiratory health surveillance of a former worker is carried out under this division, the CEO must pay for— the respiratory health surveillance; and the documents and information required to be given under section 3 (3) for the respiratory health surveillance; and the documents mentioned in section 18 .\n(sch.2E-sec.19-ssec.2) Subsection (1) is not a safety and health obligation for the Act .\n- (a) the respiratory health surveillance; and\n- (b) the documents and information required to be given under section 3 (3) for the respiratory health surveillance; and\n- (c) the documents mentioned in section 18 .","sortOrder":286},{"sectionNumber":"sch.2E-pt.4","sectionType":"part","heading":"Lead health surveillance","content":"# Lead health surveillance","sortOrder":287},{"sectionNumber":"sch.2E-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":288},{"sectionNumber":"sch.2E-sec.20","sectionType":"section","heading":"Definitions for part","content":"### sch.2E-sec.20 Definitions for part\n\nIn this part—\nblood lead health examination means each of the following—\nbiological monitoring;\na medical examination;\ndemographic, medical and occupational history.\nlead health surveillance means health surveillance that—\nincludes all of the blood lead health examinations; or\nis of a type that is—\nequal or better than the health surveillance mentioned in paragraph (a) ; and\nrecommended by an appropriate doctor.\n- (a) biological monitoring;\n- (b) a medical examination;\n- (c) demographic, medical and occupational history.\n- (a) includes all of the blood lead health examinations; or\n- (b) is of a type that is— (i) equal or better than the health surveillance mentioned in paragraph (a) ; and (ii) recommended by an appropriate doctor.\n- (i) equal or better than the health surveillance mentioned in paragraph (a) ; and\n- (ii) recommended by an appropriate doctor.\n- (i) equal or better than the health surveillance mentioned in paragraph (a) ; and\n- (ii) recommended by an appropriate doctor.","sortOrder":289},{"sectionNumber":"sch.2E-pt.4-div.2","sectionType":"division","heading":"Lead health surveillance","content":"## Lead health surveillance","sortOrder":290},{"sectionNumber":"sch.2E-sec.21","sectionType":"section","heading":"Initial lead health surveillance","content":"### sch.2E-sec.21 Initial lead health surveillance\n\nA site senior executive for a mine must arrange for lead health surveillance of a worker at the mine—\nbefore the worker is first exposed to a lead process at the mine; and\n1 month after the worker is first exposed to a lead process at the mine.\nIf work is identified as a lead process after a worker is exposed to the work, the site senior executive must arrange for lead health surveillance of the worker—\nas soon as practicable after the lead process is identified; and\n1 month after the lead health surveillance of the worker under paragraph (a) .\n(sch.2E-sec.21-ssec.1) A site senior executive for a mine must arrange for lead health surveillance of a worker at the mine— before the worker is first exposed to a lead process at the mine; and 1 month after the worker is first exposed to a lead process at the mine.\n(sch.2E-sec.21-ssec.2) If work is identified as a lead process after a worker is exposed to the work, the site senior executive must arrange for lead health surveillance of the worker— as soon as practicable after the lead process is identified; and 1 month after the lead health surveillance of the worker under paragraph (a) .\n- (a) before the worker is first exposed to a lead process at the mine; and\n- (b) 1 month after the worker is first exposed to a lead process at the mine.\n- (a) as soon as practicable after the lead process is identified; and\n- (b) 1 month after the lead health surveillance of the worker under paragraph (a) .","sortOrder":291},{"sectionNumber":"sch.2E-sec.22","sectionType":"section","heading":"Additional biological monitoring for lead risk jobs","content":"### sch.2E-sec.22 Additional biological monitoring for lead risk jobs\n\nA site senior executive for a mine must arrange for biological monitoring of each worker who carries out a lead risk job at the mine to be carried out at the following times—\nfor a person other than a female of reproductive capacity—\nif the last biological monitoring of the worker shows a blood lead level of less than 10μg/dL (0.48μmol/L)—6 months after the last biological monitoring of the worker; or\nif the last biological monitoring of the worker shows a blood lead level of 10µg/dL (0.48µmol/L) or more but less than 20µg/dL (0.97µmol/L)—3 months after the last biological monitoring of the worker; or\nif the last biological monitoring of the worker shows a blood lead level of 20µg/dL (0.97µmol/L) or more—6 weeks after the last biological monitoring of the worker;\nfor a female of reproductive capacity—\nif the last biological monitoring of the worker shows a blood lead level of less than 5µg/dL (0.24µmol/L)—3 months after the last biological monitoring of the worker; or\nif the last biological monitoring of the worker shows a blood lead level of 5µg/dL (0.24µmol/L) or more—6 weeks after the last biological monitoring of the worker.\nThe site senior executive must increase the frequency of the biological monitoring of the worker if the worker carries out work that is likely to significantly change the nature, or increase the duration or frequency, of the worker’s exposure to lead.\nDespite section 3 (2) , biological monitoring of a worker under this section does not need to be done by, or under the supervision of, an appropriate doctor.\nIf biological monitoring of a worker under this section is carried out by a person who is not an appropriate doctor, and who is not carrying out the biological monitoring under the supervision of an appropriate doctor, sections 1 (1) (c) and 3 (3) apply to the person as if a reference in the sections to the appropriate doctor were a reference to the person.\nIn this section—\nlast biological monitoring , of a worker, means the last biological monitoring of the worker that included testing of the worker’s blood to determine the worker’s blood lead level.\n(sch.2E-sec.22-ssec.1) A site senior executive for a mine must arrange for biological monitoring of each worker who carries out a lead risk job at the mine to be carried out at the following times— for a person other than a female of reproductive capacity— if the last biological monitoring of the worker shows a blood lead level of less than 10μg/dL (0.48μmol/L)—6 months after the last biological monitoring of the worker; or if the last biological monitoring of the worker shows a blood lead level of 10µg/dL (0.48µmol/L) or more but less than 20µg/dL (0.97µmol/L)—3 months after the last biological monitoring of the worker; or if the last biological monitoring of the worker shows a blood lead level of 20µg/dL (0.97µmol/L) or more—6 weeks after the last biological monitoring of the worker; for a female of reproductive capacity— if the last biological monitoring of the worker shows a blood lead level of less than 5µg/dL (0.24µmol/L)—3 months after the last biological monitoring of the worker; or if the last biological monitoring of the worker shows a blood lead level of 5µg/dL (0.24µmol/L) or more—6 weeks after the last biological monitoring of the worker.\n(sch.2E-sec.22-ssec.2) The site senior executive must increase the frequency of the biological monitoring of the worker if the worker carries out work that is likely to significantly change the nature, or increase the duration or frequency, of the worker’s exposure to lead.\n(sch.2E-sec.22-ssec.3) Despite section 3 (2) , biological monitoring of a worker under this section does not need to be done by, or under the supervision of, an appropriate doctor.\n(sch.2E-sec.22-ssec.4) If biological monitoring of a worker under this section is carried out by a person who is not an appropriate doctor, and who is not carrying out the biological monitoring under the supervision of an appropriate doctor, sections 1 (1) (c) and 3 (3) apply to the person as if a reference in the sections to the appropriate doctor were a reference to the person.\n(sch.2E-sec.22-ssec.5) In this section— last biological monitoring , of a worker, means the last biological monitoring of the worker that included testing of the worker’s blood to determine the worker’s blood lead level.\n- (a) for a person other than a female of reproductive capacity— (i) if the last biological monitoring of the worker shows a blood lead level of less than 10μg/dL (0.48μmol/L)—6 months after the last biological monitoring of the worker; or (ii) if the last biological monitoring of the worker shows a blood lead level of 10µg/dL (0.48µmol/L) or more but less than 20µg/dL (0.97µmol/L)—3 months after the last biological monitoring of the worker; or (iii) if the last biological monitoring of the worker shows a blood lead level of 20µg/dL (0.97µmol/L) or more—6 weeks after the last biological monitoring of the worker;\n- (i) if the last biological monitoring of the worker shows a blood lead level of less than 10μg/dL (0.48μmol/L)—6 months after the last biological monitoring of the worker; or\n- (ii) if the last biological monitoring of the worker shows a blood lead level of 10µg/dL (0.48µmol/L) or more but less than 20µg/dL (0.97µmol/L)—3 months after the last biological monitoring of the worker; or\n- (iii) if the last biological monitoring of the worker shows a blood lead level of 20µg/dL (0.97µmol/L) or more—6 weeks after the last biological monitoring of the worker;\n- (b) for a female of reproductive capacity— (i) if the last biological monitoring of the worker shows a blood lead level of less than 5µg/dL (0.24µmol/L)—3 months after the last biological monitoring of the worker; or (ii) if the last biological monitoring of the worker shows a blood lead level of 5µg/dL (0.24µmol/L) or more—6 weeks after the last biological monitoring of the worker.\n- (i) if the last biological monitoring of the worker shows a blood lead level of less than 5µg/dL (0.24µmol/L)—3 months after the last biological monitoring of the worker; or\n- (ii) if the last biological monitoring of the worker shows a blood lead level of 5µg/dL (0.24µmol/L) or more—6 weeks after the last biological monitoring of the worker.\n- (i) if the last biological monitoring of the worker shows a blood lead level of less than 10μg/dL (0.48μmol/L)—6 months after the last biological monitoring of the worker; or\n- (ii) if the last biological monitoring of the worker shows a blood lead level of 10µg/dL (0.48µmol/L) or more but less than 20µg/dL (0.97µmol/L)—3 months after the last biological monitoring of the worker; or\n- (iii) if the last biological monitoring of the worker shows a blood lead level of 20µg/dL (0.97µmol/L) or more—6 weeks after the last biological monitoring of the worker;\n- (i) if the last biological monitoring of the worker shows a blood lead level of less than 5µg/dL (0.24µmol/L)—3 months after the last biological monitoring of the worker; or\n- (ii) if the last biological monitoring of the worker shows a blood lead level of 5µg/dL (0.24µmol/L) or more—6 weeks after the last biological monitoring of the worker.","sortOrder":292},{"sectionNumber":"sch.2E-sec.23","sectionType":"section","heading":"Notifying chief inspector about health surveillance report","content":"### sch.2E-sec.23 Notifying chief inspector about health surveillance report\n\nThis section applies if a site senior executive for a mine receives a copy of a health surveillance report about the lead health surveillance or biological monitoring of a worker arranged under this division.\nThe site senior executive must notify the chief inspector about the report—\nin the approved form; and\nwithin 28 days after the site senior executive receives a copy of the report.\nMaximum penalty—60 penalty units.\nSubsection (2) is not a safety and health obligation for the Act .\n(sch.2E-sec.23-ssec.1) This section applies if a site senior executive for a mine receives a copy of a health surveillance report about the lead health surveillance or biological monitoring of a worker arranged under this division.\n(sch.2E-sec.23-ssec.2) The site senior executive must notify the chief inspector about the report— in the approved form; and within 28 days after the site senior executive receives a copy of the report. Maximum penalty—60 penalty units.\n(sch.2E-sec.23-ssec.3) Subsection (2) is not a safety and health obligation for the Act .\n- (a) in the approved form; and\n- (b) within 28 days after the site senior executive receives a copy of the report.","sortOrder":293},{"sectionNumber":"sch.2E-pt.4-div.3","sectionType":"division","heading":"Removal of worker from lead risk job","content":"## Removal of worker from lead risk job","sortOrder":294},{"sectionNumber":"sch.2E-sec.24","sectionType":"section","heading":"Removal of worker from lead risk job","content":"### sch.2E-sec.24 Removal of worker from lead risk job\n\nThis section applies in relation to a worker who carries out a lead risk job at a mine if, following lead health surveillance or biological monitoring of the worker arranged under this part—\ntest results indicate the worker’s blood lead level has reached or exceeded—\nfor a person other than a female of reproductive capacity—30µg/dL (1.45µmol/L); or\nfor a female of reproductive capacity—10µg/dL (0.48µmol/L); or\nan appropriate doctor recommends the worker be removed from carrying out the lead risk job; or\nthere is an indication that a measure implemented to control health risks from exposure to lead at the mine has failed and, as a result, the worker’s blood lead level is likely to reach or exceed the level mentioned in paragraph (a) .\nThe site senior executive for the mine must immediately remove the worker from carrying out a lead risk job.\nThe site senior executive must notify the chief inspector in the approved form as soon as practicable after the worker is removed from carrying out a lead risk job under subsection (2) .\nMaximum penalty—60 penalty units.\nSubsection (3) is not a safety and health obligation for the Act .\n(sch.2E-sec.24-ssec.1) This section applies in relation to a worker who carries out a lead risk job at a mine if, following lead health surveillance or biological monitoring of the worker arranged under this part— test results indicate the worker’s blood lead level has reached or exceeded— for a person other than a female of reproductive capacity—30µg/dL (1.45µmol/L); or for a female of reproductive capacity—10µg/dL (0.48µmol/L); or an appropriate doctor recommends the worker be removed from carrying out the lead risk job; or there is an indication that a measure implemented to control health risks from exposure to lead at the mine has failed and, as a result, the worker’s blood lead level is likely to reach or exceed the level mentioned in paragraph (a) .\n(sch.2E-sec.24-ssec.2) The site senior executive for the mine must immediately remove the worker from carrying out a lead risk job.\n(sch.2E-sec.24-ssec.3) The site senior executive must notify the chief inspector in the approved form as soon as practicable after the worker is removed from carrying out a lead risk job under subsection (2) . Maximum penalty—60 penalty units.\n(sch.2E-sec.24-ssec.4) Subsection (3) is not a safety and health obligation for the Act .\n- (a) test results indicate the worker’s blood lead level has reached or exceeded— (i) for a person other than a female of reproductive capacity—30µg/dL (1.45µmol/L); or (ii) for a female of reproductive capacity—10µg/dL (0.48µmol/L); or\n- (i) for a person other than a female of reproductive capacity—30µg/dL (1.45µmol/L); or\n- (ii) for a female of reproductive capacity—10µg/dL (0.48µmol/L); or\n- (b) an appropriate doctor recommends the worker be removed from carrying out the lead risk job; or\n- (c) there is an indication that a measure implemented to control health risks from exposure to lead at the mine has failed and, as a result, the worker’s blood lead level is likely to reach or exceed the level mentioned in paragraph (a) .\n- (i) for a person other than a female of reproductive capacity—30µg/dL (1.45µmol/L); or\n- (ii) for a female of reproductive capacity—10µg/dL (0.48µmol/L); or","sortOrder":295},{"sectionNumber":"sch.2E-sec.25","sectionType":"section","heading":"Arranging lead health surveillance if worker removed from lead risk job","content":"### sch.2E-sec.25 Arranging lead health surveillance if worker removed from lead risk job\n\nThis section applies if a worker is removed from carrying out a lead risk job at a mine under section 24 .\nThe site senior executive for the mine must arrange for lead health surveillance of the worker within 7 days after the day the worker is removed under section 24 .\n(sch.2E-sec.25-ssec.1) This section applies if a worker is removed from carrying out a lead risk job at a mine under section 24 .\n(sch.2E-sec.25-ssec.2) The site senior executive for the mine must arrange for lead health surveillance of the worker within 7 days after the day the worker is removed under section 24 .","sortOrder":296},{"sectionNumber":"sch.2E-sec.26","sectionType":"section","heading":"Return to lead risk job after removal","content":"### sch.2E-sec.26 Return to lead risk job after removal\n\nThis section applies if—\na worker is removed from carrying out a lead risk job at a mine under section 24 ; and\nthe site senior executive for the mine expects the worker to return to carrying out a lead risk job at the mine.\nThe site senior executive must arrange for biological monitoring of the worker at a frequency decided by an appropriate doctor to determine whether the worker’s blood lead level is low enough for the worker to return to carrying out a lead risk job.\nThe site senior executive must ensure that the worker does not return to carrying out a lead risk job until—\nthe worker’s blood lead level is less than—\nfor a person other than a female of reproductive capacity—20µg/dL (0.97µmol/L); or\nfor a female of reproductive capacity—5µg/dL (0.24µmol/L); and\nan appropriate doctor is satisfied that the worker is fit to return to carrying out a lead risk job.\nThe site senior executive must notify the chief inspector in the approved form as soon as practicable if a worker returns to carrying out a lead risk job under subsection (3) .\nMaximum penalty—60 penalty units.\nSubsection (4) is not a safety and health obligation for the Act .\n(sch.2E-sec.26-ssec.1) This section applies if— a worker is removed from carrying out a lead risk job at a mine under section 24 ; and the site senior executive for the mine expects the worker to return to carrying out a lead risk job at the mine.\n(sch.2E-sec.26-ssec.2) The site senior executive must arrange for biological monitoring of the worker at a frequency decided by an appropriate doctor to determine whether the worker’s blood lead level is low enough for the worker to return to carrying out a lead risk job.\n(sch.2E-sec.26-ssec.3) The site senior executive must ensure that the worker does not return to carrying out a lead risk job until— the worker’s blood lead level is less than— for a person other than a female of reproductive capacity—20µg/dL (0.97µmol/L); or for a female of reproductive capacity—5µg/dL (0.24µmol/L); and an appropriate doctor is satisfied that the worker is fit to return to carrying out a lead risk job.\n(sch.2E-sec.26-ssec.4) The site senior executive must notify the chief inspector in the approved form as soon as practicable if a worker returns to carrying out a lead risk job under subsection (3) . Maximum penalty—60 penalty units.\n(sch.2E-sec.26-ssec.5) Subsection (4) is not a safety and health obligation for the Act .\n- (a) a worker is removed from carrying out a lead risk job at a mine under section 24 ; and\n- (b) the site senior executive for the mine expects the worker to return to carrying out a lead risk job at the mine.\n- (a) the worker’s blood lead level is less than— (i) for a person other than a female of reproductive capacity—20µg/dL (0.97µmol/L); or (ii) for a female of reproductive capacity—5µg/dL (0.24µmol/L); and\n- (i) for a person other than a female of reproductive capacity—20µg/dL (0.97µmol/L); or\n- (ii) for a female of reproductive capacity—5µg/dL (0.24µmol/L); and\n- (b) an appropriate doctor is satisfied that the worker is fit to return to carrying out a lead risk job.\n- (i) for a person other than a female of reproductive capacity—20µg/dL (0.97µmol/L); or\n- (ii) for a female of reproductive capacity—5µg/dL (0.24µmol/L); and","sortOrder":297},{"sectionNumber":"sch.2E-sec.27","sectionType":"section","heading":"Removal of pregnant or breastfeeding worker from lead risk job","content":"### sch.2E-sec.27 Removal of pregnant or breastfeeding worker from lead risk job\n\nThis section applies if a site senior executive for a mine is advised or otherwise knows a worker who carries out a lead risk job at the mine—\nis pregnant or may be pregnant; or\nis breastfeeding.\nThe site senior executive must immediately remove the worker from carrying out a lead risk job.\n(sch.2E-sec.27-ssec.1) This section applies if a site senior executive for a mine is advised or otherwise knows a worker who carries out a lead risk job at the mine— is pregnant or may be pregnant; or is breastfeeding.\n(sch.2E-sec.27-ssec.2) The site senior executive must immediately remove the worker from carrying out a lead risk job.\n- (a) is pregnant or may be pregnant; or\n- (b) is breastfeeding.","sortOrder":298},{"sectionNumber":"sch.2E-sec.28","sectionType":"section","heading":"Return to lead risk job after pregnancy or breastfeeding","content":"### sch.2E-sec.28 Return to lead risk job after pregnancy or breastfeeding\n\nThis section applies if—\na worker is removed from carrying out a lead risk job at a mine under section 27 ; and\nthe site senior executive for the mine expects the worker to return to carrying out a lead risk job at the mine.\nThe site senior executive must ensure that the worker does not return to carrying out a lead risk job until the worker is not pregnant or breastfeeding.\n(sch.2E-sec.28-ssec.1) This section applies if— a worker is removed from carrying out a lead risk job at a mine under section 27 ; and the site senior executive for the mine expects the worker to return to carrying out a lead risk job at the mine.\n(sch.2E-sec.28-ssec.2) The site senior executive must ensure that the worker does not return to carrying out a lead risk job until the worker is not pregnant or breastfeeding.\n- (a) a worker is removed from carrying out a lead risk job at a mine under section 27 ; and\n- (b) the site senior executive for the mine expects the worker to return to carrying out a lead risk job at the mine.","sortOrder":299},{"sectionNumber":"sch.2E-pt.4-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":300},{"sectionNumber":"sch.2E-sec.29","sectionType":"section","heading":"Cost of lead health surveillance","content":"### sch.2E-sec.29 Cost of lead health surveillance\n\nThe employer of a worker must pay for—\nany lead health surveillance or biological monitoring of the worker arranged under this part; and\nthe documents and information required to be given under section 3 (3) for lead health surveillance or biological monitoring mentioned in paragraph (a) .\nMaximum penalty—30 penalty units.\nSubsection (1) is not a safety and health obligation for the Act .\n(sch.2E-sec.29-ssec.1) The employer of a worker must pay for— any lead health surveillance or biological monitoring of the worker arranged under this part; and the documents and information required to be given under section 3 (3) for lead health surveillance or biological monitoring mentioned in paragraph (a) . Maximum penalty—30 penalty units.\n(sch.2E-sec.29-ssec.2) Subsection (1) is not a safety and health obligation for the Act .\n- (a) any lead health surveillance or biological monitoring of the worker arranged under this part; and\n- (b) the documents and information required to be given under section 3 (3) for lead health surveillance or biological monitoring mentioned in paragraph (a) .","sortOrder":301},{"sectionNumber":"sch.2E-pt.5","sectionType":"part","heading":"Keeping health surveillance reports","content":"# Keeping health surveillance reports","sortOrder":302},{"sectionNumber":"sch.2E-sec.30","sectionType":"section","heading":"Keeping health surveillance reports","content":"### sch.2E-sec.30 Keeping health surveillance reports\n\nA site senior executive for a mine must ensure a copy of a health surveillance report obtained under this regulation is kept for at least the following period after the report is received—\nfor a hazard with a cumulative or delayed effect—30 years;\nlead, silica, noise or vibration\nfor another hazard—7 years.\nIf the mine ceases operations in the period the copy of the health surveillance report is required to be kept under subsection (1) , the site senior executive must ask for, and comply with, the CEO’s directions about the copy’s storage.\n(sch.2E-sec.30-ssec.1) A site senior executive for a mine must ensure a copy of a health surveillance report obtained under this regulation is kept for at least the following period after the report is received— for a hazard with a cumulative or delayed effect—30 years; lead, silica, noise or vibration for another hazard—7 years.\n(sch.2E-sec.30-ssec.2) If the mine ceases operations in the period the copy of the health surveillance report is required to be kept under subsection (1) , the site senior executive must ask for, and comply with, the CEO’s directions about the copy’s storage.\n- (a) for a hazard with a cumulative or delayed effect—30 years; Examples— lead, silica, noise or vibration\n- (b) for another hazard—7 years.","sortOrder":303},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Places declared to be mines","content":"# Places declared to be mines","sortOrder":304},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Mines or parts of mines to which Act does not apply","content":"# Mines or parts of mines to which Act does not apply","sortOrder":305},{"sectionNumber":"sch.5A-pt.1","sectionType":"part","heading":"Category 1 obligations","content":"# Category 1 obligations","sortOrder":306},{"sectionNumber":"sch.5A-pt.2","sectionType":"part","heading":"Category 2 obligations","content":"# Category 2 obligations","sortOrder":307},{"sectionNumber":"sch.5A-pt.3","sectionType":"part","heading":"Category 3 obligations","content":"# Category 3 obligations","sortOrder":308},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Board of examiners’ fees","content":"# Board of examiners’ fees","sortOrder":309},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Other fees","content":"# Other fees","sortOrder":310}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since initial versions, the regulation has been extended and specialised in scope. Later amendments added a formal safety-and-health fee and census regime (ss 11A–11H, sch 6), a comprehensive health surveillance framework with detailed respiratory and lead-specific rules (sch 2E, ss 145A–145L and related provisions), expanded record-retention and medical confidentiality rules (ss 11, 11DC, 119–120, sch 2E sec 30), and more prescriptive technical controls (multiple amendments across ch 2). These additions move the instrument beyond high-level safety requirements into detailed medical surveillance, fee collection and technical prescriptive rules — increasing regulatory granularity and administrative burden compared with a narrower original focus on basic mine safety processes (see ss 4, 11C, sch 2E). The legislative mechanism now couples site operational duties with regulator-funded activities (fee/invoice/CEO role) and prescriptive health thresholds (blood lead levels and respiratory surveillance schedules), which materially broadens scope from purely operational safety to active health surveillance and cost-recovery."},"complexity_factors":["Large number of substantive sections (many technical and procedural duties across multiple Parts and Divisions)","Extensive defined terms and external references (GHS, ADG Code, national standards, AS and NOHSC documents) (e.g. s 49A, s 50, s 51)","Multiple cross-references to the Act and to schedules (frequent interplay with the principal Act and sch 2E)","Detailed, conditional health-surveillance regime with numerical triggers and timing rules (sch 2E: lead and respiratory provisions, e.g. sch 2E secs 21–27)","Financial regime with reporting options, invoicing deadlines, late fees, interest and credits (ss 11A–11G, sch 6)","Numerous exceptions and transitional provisions that modify duties depending on timing, mine size, or prior arrangements (ch 4, ss 153–186)","High number of recordkeeping, notification and retention requirements with long retention periods (30 years for cumulative hazards) (ss 11, 11DC, sch 2E sec 30)","Discretion allocated to multiple decision-makers (site senior executive, CEO, chief inspector, appropriate doctor) leading to conditional obligations (e.g. ss 11E, 60E, sch 2E sec 3)","Technical engineering and safety detail across many domains (electrical, plant control, ventilation, explosives, winding), each with its own conditional rules (e.g. ss 20–31, 100–128, 64–79)"],"plain_english_summary":"**What this regulation does (mechanically)\n\n- Sets out detailed duties and procedures that operators, site senior executives and other persons must follow to manage safety and health at mines. Key duties include: hazard identification, risk analysis, risk reduction in a specific hierarchy, ongoing risk monitoring, record-keeping and incident investigation (chs 2–pt 2, ss 5–11; ss 14–16; s 15).  \n\n- Requires a responsible person for each mine to provide periodic worker counts (a \"safety and health census\") and pay a safety-and-health fee calculated from that census; the CEO issues invoices and can impose late fees and interest (ss 11A–11H, sch 6).  \n\n- Specifies emergency planning and response obligations: risk assessment for foreseeable emergencies, emergency response plans, evacuation arrangements, refuges, rescue arrangements and testing of emergency plans (ss 32–41).  \n\n- Lays down detailed electrical, plant, excavation, ground control, ventilation, working-at-heights and other technical requirements for safe operation of mine infrastructure and equipment (chs 2–pt 4, pt 6, pt 10; e.g. ss 20–31, 44–49, 100–113).  \n\n- Regulates hazardous chemicals, dangerous goods and explosives: registers, labelling, safety data sheets, selection, storage, monitoring, disposal and detailed explosives handling/ storage/transport/ blasting rules (chs 2–pt 7, ss 49A–79).  \n\n- Introduces health-protection duties: pre-exposure and periodic medical and fitness assessments, workforce fitness rules, limits on working hours and amenities, and very specific health surveillance requirements for respiratory hazards and lead exposure (ss 84–95; ch 2–pt 14; sch 2E).  \n\n- Creates a separate regulatory track for \"major hazard facilities\" including notification to the chief inspector, compliance with a national major-hazard standard, and a safety report requirement (ss 60–60F, sch 1).  \n\n- Sets record-retention periods for monitoring and health records (30 years for cumulative/delayed hazards such as silica, noise, vibration, lead; 7 years otherwise) and rules on confidentiality of medical records (ss 11, 11DC, 119–120; sch 2E sec 30).  \n\n- Contains numerous transitional and amendment provisions preserving documents, processes and fees from earlier regulations and setting transition rules for amended health and classification regimes (ch 4). \n\nWho is directly affected\n\n- Site senior executives and mine operators: they carry the primary duties to establish and maintain safety and health systems, to consult workers, keep records and implement controls (e.g. ss 5, 32, 60E, 112).  \n\n- Responsible persons for mines (holders of tenure, operators or persons in control): they must provide the safety and health census and pay fees (ss 11A–11C).  \n\n- Employers and supervisors: obliged to provide training, pay for medical and surveillance where required, and ensure supervision and resources (ss 87, 93, sch 2E sec 6/13/29).  \n\n- Workers and visitors: subject to fitness assessments, training, use of personal protective equipment, and particular protections where exposed to lead, asbestos, heat or other hazards (ss 86–90, 131–136, 141–145, sch 2E).  \n\n- Manufacturers, importers and suppliers of hazardous chemicals used at mines: must provide correct marking/labeling and safety information (s 52A).  \n\nWhy it matters (policy rationale as stated, then tested against costs and trade-offs)\n\n- Stated purpose: to prescribe the specific ways of achieving an acceptable level of risk in mining operations (s 4) — i.e. to operationalise the Act by listing required processes, controls, records and monitoring.  \n\n- Costs and who pays: the regulation imposes recurring compliance costs on operators/responsible persons and employers — e.g. fees tied to worker counts (ss 11C–11D, sch 6), medical/health surveillance paid by employers (sch 2E sec 6, 13, 29), recordkeeping (ss 10–11, 63, 113, sch 2E sec 30), engineering and emergency-preparedness costs (ss 32–41, 100–109). Small operations get limited relief (e.g. mines with ≤5 workers may report annually rather than quarterly (s 11DA)).  \n\n- Incentives and behaviour change: the regulation tilts incentives toward documentation, monitoring and conservative risk control: specified hierarchies for controls (elimination → PPE, s 8), mandatory worker health surveillance where hazards are present (sch 2E), and strict record-retention/notification duties that increase the cost of non‑compliance. Financial penalties, invoices, late fees and statutory interest (15% p.a., s 11G) create clear monetary consequences for late or inaccurate reporting.  \n\n- Trade-offs and opportunity costs: the prescriptive technical and medical requirements (e.g. lead blood-level triggers, respiratory exams) raise direct compliance costs and administrative burdens, particularly for complex or resource‑constrained operators. They also shift some operational decisions from market discretion to regulatory compliance (e.g. choice of chemicals limited by s 54 and labelling requirements s 53).  \n\n- Implementation risk and bureaucratic discretion: many obligations require the CEO, chief inspector or an appropriate doctor to make judgments (e.g. CEO can reject incomplete census and issue notices s 11C–11E; chief inspector receives notifications from major hazard facilities s 60B–60D; doctors decide timing and content of health surveillance sch 2E sec 3). That leaves room for administrative discretion and requires the regulator to manage timeliness, quality-assurance, and consistency.  \n\n- Compliance burden and recordkeeping: long retention periods (30 years for cumulative hazards, s 11 and sch 2E sec 30), mandatory mine records, and access to safety management documents increase administrative load and IT/archival costs. Medical confidentiality rules limit access to medical records but require written consent for employer access (s 120).  \n\n- Effects on competition and small operators: the fee and medical-surveillance regimes impose fixed and variable compliance costs. The regulation gives small mines some simplified reporting options (s 11DA) but otherwise treats safety consistently; these costs may be proportionally larger for small operators.  \n\n- Concentrated benefits and diffuse costs: the primary identifiable beneficiary of reporting and fees is the regulator (funding safety activities via safety-and-health fee, ss 11C–11H). The benefits of improved safety are diffuse (workers, communities), while the compliance costs fall directly and concentratively on operators and employers.  \n\n- Potential substitution effects and unintended consequences: operators may respond by substituting lower‑risk processes, investing in controls higher up the hierarchy earlier (s 8), or, where marginal cost is high, by reducing activities that would create regulated exposures. There is also a compliance-risk of over-documentation or defensive medical testing if guidance is not clear. \n\nKey implementation/administration points to note (practical mechanics)\n\n- Who decides: site senior executive has primary duty for on-site decisions and systems (many sections: s 5, ss 32–41, s 60E); CEO and chief inspector exercise regulatory oversight, invoices and approval/notification functions (ss 11C–11E, 60B–60D); appropriate doctors carry out health surveillance and produce reports (sch 2E sec 3).  \n\n- Who pays: responsible person pays the safety-and-health fee (ss 11C–11D); employers pay for health assessments and surveillance (sch 2E sec 6, 13, 29).  \n\n- Enforcement and penalties: penalties are set for failures to submit censuses, pay fees, notify lead risk jobs, or keep required records (ss 11C, 11D, 145J–145K, sch 2E provisions).  \n\nRepresentative sections for quick reference: s 4 (scope of prescribed ways), ss 5–11 (risk management process), ss 11A–11H (census and fee), ss 32–41 (emergencies), ss 49A–63 (hazardous chemicals and dangerous goods), ss 64–79 (explosives), ss 100–113 (plant), ss 131–136 and sch 2E (health assessment and surveillance), ss 60–60F (major hazard facilities), ss 119–120 (records and confidentiality)."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.4(ssec.3)","severity":"high","reasoning":"The regulation prescribes exclusive compliance pathways (only by following the ways prescribed) while simultaneously admitting those pathways do not cover all risk scenarios. A person facing an uncovered risk scenario cannot discharge their obligation by following prescribed ways (none exist for that scenario) but can still be penalised under s.31 of the Act for non-discharge. This is a logical impossibility: exclusive mandatory compliance pathways that admittedly do not cover all relevant circumstances.","confidence":0.88,"description":"The section states a person 'may discharge the person's safety and health obligation in the circumstances mentioned in the relevant provisions only by following the ways prescribed', yet sec.4(ssec.2) explicitly acknowledges that 'the relevant provisions do not deal with all circumstances that expose someone to risk'. This creates a compliance gap: where circumstances fall outside the relevant provisions, there is no prescribed way to discharge the obligation, yet the Act (s.31) imposes a penalty for failing to discharge it. A person can be penalised for failing to comply with an obligation for which no compliant method is provided."},{"type":"other","section":"sec.10(ssec.3)","severity":"low","reasoning":"While not strictly impossible, the trigger for ceasing record-keeping ('hazard no longer present') is indeterminate for endemic mining hazards that exist as long as the mine exists. Compare this to sec.11 which sets fixed retention periods (30 or 7 years). The inconsistency creates potential indefinite obligation with no clear exit condition.","confidence":0.65,"description":"The record retention obligation requires the site senior executive to keep risk management records 'until the hazard to which the process relates is no longer present at the mine'. For hazards that are permanent features of certain mining operations (e.g., gravity, silica dust from ongoing operations), this could require indefinite record retention with no practical end-point, making the obligation effectively perpetual and potentially impossible to determine when it ceases."},{"type":"other","section":"sec.11C(ssec.5)(a)","severity":"low","reasoning":"The invoice timeline for annual reporting (before 30 August) is tight but technically workable if all parties comply promptly. However, where extensions are granted under sec.11D(2), the census could legitimately be submitted after 20 July, potentially giving the CEO fewer than 40 days to verify and invoice before 30 August. The regulation does not address this scenario, and sec.11C(11) protects invoice validity regardless, but the constraint remains practically problematic.","confidence":0.6,"description":"Where the reporting period is a financial year, the CEO must issue the invoice 'before 30 August of the year'. However, the financial year ends on 30 June and the responsible person has 20 days after the end of the reporting period (under sec.11D) to give the safety and health census — i.e., by 20 July. The CEO then needs time to calculate the fee and issue the invoice before 30 August. This is a very tight window that presupposes the census is given promptly and processed instantly, with only ~40 days between census due date and invoice deadline. While not impossible, combined with the CEO's ability to seek further information under sec.11E, the timeline is practically compressed."},{"type":"retroactive_impossibility","section":"sec.11DA(ssec.2) and sec.11DA(ssec.6)","severity":"medium","reasoning":"Section 11DB(3) confirms the responsible person must give censuses 'for the current quarter and each earlier quarter of the financial year, not previously given to the CEO'. If the CEO issues a notice mid-year, the responsible person must produce quarterly censuses for periods already concluded. While records should be kept under sec.11DC, requiring formal census submissions for retrospective quarters after the election of annual reporting creates retroactive compliance obligations that may not have been anticipated.","confidence":0.72,"description":"Section 11DA allows mines with 5 or fewer workers to elect annual reporting. Section 11DA(6) allows the CEO to unilaterally require quarterly reporting by written notice 'for the current financial year and subsequent financial years'. This means the CEO can retroactively impose quarterly obligations for quarters already elapsed in the current financial year, requiring the responsible person to provide censuses for periods that have already passed, potentially months prior, based on worker counts they may not have formally recorded at the time."},{"type":"other","section":"sec.11F(ssec.1)(a)","severity":"low","reasoning":"Minor drafting oddity. The late fee triggers the day after the stated deadline, which is standard. However, the cross-reference in sec.11DB(5) modifies this to 'the day after the required day', which is consistent. Low-severity drafting issue rather than a genuine logical flaw.","confidence":0.4,"description":"Section 11F triggers a late fee if the census is not given before 'the day after the day stated in the notice for giving the safety and health census'. This means the late fee applies from the day immediately after the extended deadline — effectively a one-day grace period of zero days. The responsible person who submits on the deadline date stated in the CEO's notice is not late; but any submission after that date (including the very next day) attracts the fee. This is not per se absurd but the 'day after' formulation is unusual and could create confusion about whether submission on the day stated is timely."},{"type":"other","section":"sec.11G(ssec.2)","severity":"low","reasoning":"Asymmetric interest treatment is common in regulatory regimes and may be intentional policy. However, the combination of mandatory 15% interest on underpayments with zero interest on overpayments creates an inherent imbalance that disproportionately burdens the regulated party for errors in either direction.","confidence":0.55,"description":"Interest on unpaid safety and health fees is set at 15% per year calculated as simple interest (sec.11G(3)), while no interest is payable on refunds of overpayments (sec.11H(2)). This creates a structurally asymmetric regime: the regulator recovers 15% interest on underpayments but the responsible person recovers 0% interest on overpayments. While this asymmetry may be policy-intentional, the absence of any interest on potentially prolonged overpayments held by the CEO is arguably inequitable and could be seen as an implicit financial penalty on the responsible person for compliance errors that result in overpayment."},{"type":"impossible_compliance","section":"sec.36A(ssec.1)","severity":"medium","reasoning":"The requirement presupposes knowledge of where stoping will occur and requires physical infrastructure to be in place accessible from those areas before they exist. In practice, escapeways are planned and constructed as operations progress. The 'before stoping starts' precondition read literally requires the entire egress network to be accessible from areas not yet excavated.","confidence":0.7,"description":"Section 36A requires that 'before stoping operations start at the mine, the mine has at least 2 trafficable egresses accessible from all stoping operations to the surface'. The requirement for escapeways to be accessible from 'all stoping operations' before stoping starts creates a temporal impossibility: if no stoping has yet occurred, it is physically impossible to provide an escapeway accessible from stoping operations that do not yet exist. The geometry of egresses may depend on the physical extent and location of stoping operations, which cannot be determined before they commence."},{"type":"self_contradicting","section":"sec.11DC(ssec.4) and sec.11DC(ssec.5)","severity":"medium","reasoning":"The structural separation of the record format obligation (s.11DC(4)) and the production obligation (s.11DC(5)) with separate penalty provisions creates a risk of cumulative penalties for a single instance of inadequate record management. While legislatively permissible, this creates punitive redundancy and potential double jeopardy for what is operationally a single compliance matter.","confidence":0.62,"description":"Section 11DC(4) requires records to be kept in a way that 'enables the responsible person to give the CEO the records within 14 days after the CEO asks for the records'. Section 11DC(5) then states that if the CEO asks, the person must give the records within 14 days (or agreed alternative period). The subsection (4) obligation is framed as a record-keeping format obligation with a penalty, while subsection (5) imposes the actual production obligation also with a penalty. Both carry the same 100-penalty-unit maximum. This means a person could be penalised under (4) for failing to maintain records in the right format even if they ultimately produce the records in time under (5), and separately penalised under (5) for late production — resulting in potential double penalisation for what is effectively the same underlying failure."}],"contradictions":[{"severity":"high","section_a":"sec.4(ssec.3)","section_b":"sec.4(ssec.2)","confidence":0.88,"description":"Section 4(3) states a person may discharge their safety and health obligation 'only by following the ways prescribed' in the relevant provisions. Section 4(2) states the relevant provisions 'do not deal with all circumstances that expose someone to risk'. These two subsections directly contradict each other: if the prescribed ways are exhaustive (only by following them) but do not cover all risk circumstances, then for uncovered circumstances there is simultaneously no prescribed way to comply and a penalty for non-compliance under s.31 of the Act."},{"severity":"medium","section_a":"sec.10(ssec.3)","section_b":"sec.11(ssec.1)","confidence":0.75,"description":"Section 10(3) requires risk management records to be kept 'until the hazard to which the process relates is no longer present at the mine' — an indeterminate period tied to operational circumstances. Section 11(1) sets fixed retention periods for monitoring records (30 years for cumulative hazards, 7 years otherwise). Both sections apply to records about the same risk management process and associated hazards, but prescribe fundamentally different retention frameworks. A mine could theoretically be required to keep a risk management record under s.10 for only 2 years (if the hazard ceases) yet keep the associated monitoring record for 30 years under s.11, or vice versa, creating misaligned records about the same hazard."},{"severity":"medium","section_a":"sec.11C(ssec.5)","section_b":"sec.11C(ssec.8)","confidence":0.7,"description":"Section 11C(5) imposes a mandatory obligation on the CEO to give an invoice upon receipt of a safety and health census ('The CEO must give the responsible person... an invoice'). Section 11C(8) then states that subsection (5) does not apply if the CEO reasonably believes the census is incomplete, incorrect, or no fee is payable. The conflict arises because the CEO's obligation in (5) is mandatory ('must') but is subject to a discretionary belief-based carve-out in (8). The CEO therefore has an absolute mandatory duty that is simultaneously conditional on a subjective assessment — the mandatory nature of the duty is undermined by the breadth of the subjective exception."},{"severity":"medium","section_a":"sec.11DA(ssec.2)","section_b":"sec.11DB(ssec.7)","confidence":0.78,"description":"Section 11DA(2) grants the right to elect annual reporting to any responsible person for a mine where workers number 5 or fewer, subject only to a CEO notice under sec.11DA(6). Section 11DB(7) permanently removes this election right for the remainder of the financial year if worker numbers exceed 5 during the year — even if they subsequently fall back to 5 or below. This creates an asymmetry: a mine that briefly spikes above 5 workers loses the annual reporting election for the entire year even after returning to 5 or fewer, while a mine that starts the year with exactly 5 workers retains it. The permanent loss of election rights for a transient breach contradicts the apparent policy intent of sec.11DA which ties the election threshold to the actual number of workers."},{"severity":"low","section_a":"sec.11E(ssec.4)","section_b":"sec.11C(ssec.7)","confidence":0.6,"description":"Section 11C(7) requires payment of the safety and health fee 'on or before the day for payment stated in the invoice', with the invoice required to give at least 30 days for payment (sec.11C(6)). Section 11E(6), which applies where the CEO issues an invoice after finding the census inadequate, requires payment 'within 30 days after receiving the invoice' — with no minimum notice period built into the sec.11E invoice process. The two invoice regimes provide different payment windows (at least 30 days stated in invoice vs. fixed 30 days from receipt) for what is substantively the same fee obligation, creating inconsistent payment frameworks depending on which invoice pathway applies."},{"severity":"low","section_a":"sec.6(ssec.2)","section_b":"sec.6(ssec.3)","confidence":0.58,"description":"Section 6(2) imposes hazard identification obligations on 'the operator' during planning and design. Section 6(3) imposes hazard identification obligations on 'the site senior executive' once operations start and during operations. These are distinct duty-holders with potentially different persons occupying each role. Where the same person is both operator and site senior executive this is unproblematic, but where they differ, the regulation creates a transition point between planning/design (operator's duty) and commencement/ongoing operations (SSE's duty) that may produce accountability gaps, particularly around the handover between design and operational phases, with no coordination mechanism specified."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":710},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2017 form. Major additions include: comprehensive lead health surveillance requirements (2020/2023 amendments), respiratory health surveillance schedule (Schedule 2E), major hazard facility notification and safety report obligations, detailed explosives accountability systems, and supervisor responsibilities provisions. The safety and health fee system was substantially restructured in 2019. Transitional provisions now occupy an entire chapter dealing with phased implementation of chemical classification changes and health surveillance requirements."},"complexity_factors":["Extensive cross-referencing between sections, schedules, and the parent Act","Multiple defined terms with nested definitions (e.g., 'hazardous chemical' excludes categories that would otherwise qualify)","Conditional obligations with multiple triggers (e.g., health surveillance timing varies by worker type, exposure level, and gender)","Numerous exceptions and transitional provisions across 6 separate amendment periods (2019-2024)","Hierarchy of controls with specific ordering requirements in section 8","Dual pathways for compliance — some mines need full safety management systems, others need standard work instructions","Complex fee calculation with quarterly/annual options, late fees, interest, and CEO discretion provisions","Lead health surveillance with sex-specific blood level thresholds and monitoring frequencies"],"plain_english_summary":"This is a Queensland **subordinate legislation** (regulation) that sets out detailed safety and health requirements for mining and quarrying operations. It works alongside the *Mining and Quarrying Safety and Health Act 1999* to protect workers and others at mines.\n\n**What it does:**\n- Establishes a **risk management framework** requiring mines to identify hazards, analyse risks, implement controls (in a strict hierarchy from elimination to personal protective equipment), and monitor effectiveness\n- Creates **specific obligations** for \"site senior executives\" (the top person responsible for safety at each mine) covering everything from electrical safety and explosives handling to emergency preparedness and worker fitness\n- Mandates **health surveillance** for workers exposed to particular hazards — including respiratory health checks for dust exposure and blood lead monitoring for lead work\n- Requires **safety and health fees** based on worker numbers to fund regulatory oversight\n- Sets detailed rules for **major hazard facilities** (mines with large quantities of dangerous materials)\n- Prescribes **incident reporting**, investigation procedures, and record-keeping requirements\n\n**Who it affects:**\n- Mine operators, site senior executives, and underground mine managers\n- All workers at mines and quarries\n- Visitors to mine sites\n- Manufacturers and suppliers of hazardous chemicals used in mining\n\n**Why it matters:**\nMining remains one of Australia's most dangerous industries. This regulation translates broad legislative duties into concrete, enforceable requirements — from how often to check winding ropes to the exact temperature limits for heat exposure. The 2023 amendments strengthened lead health surveillance requirements following concerns about worker protection.\n\n**Key concepts explained:**\n- *\"As far as reasonably practicable\"* — the standard of care required; what is reasonably able to be done to ensure safety\n- *\"Site senior executive\"* — the person with ultimate responsibility for safety and health at a mine\n- *\"Safety and health management system\"* — the documented system a mine must have to manage risks\n- *\"Penalty units\"* — a standardised fine amount set by legislation (currently around $154 per unit in Queensland)"},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original intent as a detailed operational safety code for Queensland mines and quarries. Amendments since 2017 have added specificity (e.g., the safety and health fee framework, health surveillance schedules, additional hazard provisions) but have not fundamentally altered the regulatory scope — all additions remain within the core purpose of prescribing safety and health obligations for mining and quarrying operations."},"complexity_factors":["Extensive cross-referencing between sections, schedules, and the parent Act (Mining and Quarrying Safety and Health Act), requiring readers to consult multiple documents simultaneously","Multiple layers of duty-holders with different and overlapping obligations (operator, site senior executive, underground mine manager, individual workers, responsible persons)","Complex fee structure with different reporting periods (quarterly vs annual), conditional triggers, credit mechanisms, and interacting provisions (ss 11A–11H)","Technical electrical engineering content requiring specialist knowledge (earthing, earth leakage protection, explosion-protection, prospective touch voltage, isolation facilities)","Numerous defined terms with precise legal meanings that differ from ordinary usage (e.g., 'responsible person', 'reporting period', 'relevant provisions', 'explosion-protection')","Multiple amendments from 2019–2024 creating a layered legislative history requiring careful reconciliation","Carve-outs and exceptions within definitions (e.g., 'relevant provisions' explicitly excludes specific subsections, creating a negative-space structure)","Obligations that are conditional on prior risk assessments (many duties only apply 'if decided as necessary under section 32'), creating uncertainty without reading those assessments","Record-keeping obligations with varying retention periods (7 years, 30 years) tied to hazard classification","Interaction with separate legislation (Mineral Resources Act 1989) for determining who is the 'responsible person'"],"plain_english_summary":"This Queensland regulation is the practical how-to for mining and quarry safety, translating the Mining and Quarrying Safety and Health Act into mandatory workplace rules. It applies to operators, site senior executives, managers, workers and contractors and covers risk management, reporting, electrical and emergency arrangements, infrastructure and long-term recordkeeping.\n\nIt matters because it creates enforceable employer obligations, fee and reporting duties, and penalties for non‑compliance — protecting workers and exposing operators to fines or prosecution if they fail to meet the rules."}},"importantCases":[],"_links":{"self":"/api/acts/mining-and-quarrying-safety-and-health-regulation-2017","history":"/api/acts/mining-and-quarrying-safety-and-health-regulation-2017/history","analysis":"/api/acts/mining-and-quarrying-safety-and-health-regulation-2017/analysis","conflicts":"/api/acts/mining-and-quarrying-safety-and-health-regulation-2017/conflicts","importantCases":"/api/acts/mining-and-quarrying-safety-and-health-regulation-2017/important-cases","documents":"/api/acts/mining-and-quarrying-safety-and-health-regulation-2017/documents"}}