sec.119Powers of industry safety and health representatives

### sec.119 Powers of industry safety and health representatives An industry safety and health representative has the following powers— to make inquiries about the operations of coal mines relevant to the safety or health of coal mine workers; to enter any part of a coal mine at any time to carry out the representative’s functions; to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a coal mine to achieve an acceptable level of risk to coal mine workers; to examine safety and health management system documents, including principal hazard management plans, standard operating procedures and training records; to copy a document mentioned in paragraph (c) or (d) ; to require the site senior executive for a coal mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of any document mentioned in paragraph (c) or (d) ; to require the person in control or temporarily in control of a coal mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ; to issue a directive under section 163 . A person in control or temporarily in control of a coal mine required to help the industry safety and health representative under subsection (1) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. If an industry safety and health representative asks a person to give access to a document to enable the representative to examine the document under subsection (1) (c) or (d) , or to copy the document under subsection (1) (e) , the person must give access to the document as soon as reasonably practicable after being asked, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. s 119 amd 2024 No. 34 s 46 (sec.119-ssec.1) An industry safety and health representative has the following powers— to make inquiries about the operations of coal mines relevant to the safety or health of coal mine workers; to enter any part of a coal mine at any time to carry out the representative’s functions; to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a coal mine to achieve an acceptable level of risk to coal mine workers; to examine safety and health management system documents, including principal hazard management plans, standard operating procedures and training records; to copy a document mentioned in paragraph (c) or (d) ; to require the site senior executive for a coal mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of any document mentioned in paragraph (c) or (d) ; to require the person in control or temporarily in control of a coal mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ; to issue a directive under section 163 . (sec.119-ssec.2) A person in control or temporarily in control of a coal mine required to help the industry safety and health representative under subsection (1) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.119-ssec.3) If an industry safety and health representative asks a person to give access to a document to enable the representative to examine the document under subsection (1) (c) or (d) , or to copy the document under subsection (1) (e) , the person must give access to the document as soon as reasonably practicable after being asked, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. - (a) to make inquiries about the operations of coal mines relevant to the safety or health of coal mine workers; - (b) to enter any part of a coal mine at any time to carry out the representative’s functions; - (c) to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a coal mine to achieve an acceptable level of risk to coal mine workers; - (d) to examine safety and health management system documents, including principal hazard management plans, standard operating procedures and training records; - (e) to copy a document mentioned in paragraph (c) or (d) ; - (f) to require the site senior executive for a coal mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of any document mentioned in paragraph (c) or (d) ; - (g) to require the person in control or temporarily in control of a coal mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ; - (h) to issue a directive under section 163 .