sec.273Withdrawal of persons in case of danger

### sec.273 Withdrawal of persons in case of danger If a coal mine is dangerous, all persons exposed to the danger must withdraw to a place of safety. If a coal mine worker is competent and able to eliminate the danger from a hazard, the worker must take the action necessary to eliminate the danger. Maximum penalty—100 penalty units. If the coal mine worker is not competent or able to eliminate the danger, the worker must— take measures to prevent immediate danger to other coal mine workers that the worker is able reasonably to take; and immediately report the situation to the coal mine worker’s supervisor. Maximum penalty—100 penalty units. A competent person must be appointed to assess the danger from the hazard or hazards that have resulted in the withdrawal of persons to a place of safety. Subject to subsection (6) , a person must not be readmitted into the coal mine or part of the coal mine that is dangerous until the persons mentioned in subsection (6) have declared that risk is at an acceptable level. The minimum number of competent persons necessary to reduce the risk to an acceptable level may be readmitted to the coal mine or part of the coal mine if appropriate precautions are taken so that the risk to those persons is within acceptable limits. For this section, a coal mine is taken to be dangerous if— sealing operations are to commence; or the coal mine or part of the coal mine has been sealed; or the controls detailed in a principal hazard management plan have not been implemented or maintained. However, for this section, a coal mine is not considered dangerous if— sealing operations are being undertaken in an emergency and an inspector has been notified; or sealing operations are being undertaken following written acknowledgement from an inspector that sealing operations comply with recognised standards and good mining practice; or written consent has been received from an inspector for persons to be underground following a sealing. As soon as practicable after being appointed, the person appointed under subsection (4) must enter in the mine record a report on the withdrawal of persons and remedial action taken to eliminate the danger. Maximum penalty—100 penalty units. The site senior executive must notify the inspector of any action taken under this section immediately after the action is taken. Maximum penalty—200 penalty units. (sec.273-ssec.1) If a coal mine is dangerous, all persons exposed to the danger must withdraw to a place of safety. (sec.273-ssec.2) If a coal mine worker is competent and able to eliminate the danger from a hazard, the worker must take the action necessary to eliminate the danger. Maximum penalty—100 penalty units. (sec.273-ssec.3) If the coal mine worker is not competent or able to eliminate the danger, the worker must— take measures to prevent immediate danger to other coal mine workers that the worker is able reasonably to take; and immediately report the situation to the coal mine worker’s supervisor. Maximum penalty—100 penalty units. (sec.273-ssec.4) A competent person must be appointed to assess the danger from the hazard or hazards that have resulted in the withdrawal of persons to a place of safety. (sec.273-ssec.5) Subject to subsection (6) , a person must not be readmitted into the coal mine or part of the coal mine that is dangerous until the persons mentioned in subsection (6) have declared that risk is at an acceptable level. (sec.273-ssec.6) The minimum number of competent persons necessary to reduce the risk to an acceptable level may be readmitted to the coal mine or part of the coal mine if appropriate precautions are taken so that the risk to those persons is within acceptable limits. (sec.273-ssec.7) For this section, a coal mine is taken to be dangerous if— sealing operations are to commence; or the coal mine or part of the coal mine has been sealed; or the controls detailed in a principal hazard management plan have not been implemented or maintained. (sec.273-ssec.8) However, for this section, a coal mine is not considered dangerous if— sealing operations are being undertaken in an emergency and an inspector has been notified; or sealing operations are being undertaken following written acknowledgement from an inspector that sealing operations comply with recognised standards and good mining practice; or written consent has been received from an inspector for persons to be underground following a sealing. (sec.273-ssec.9) As soon as practicable after being appointed, the person appointed under subsection (4) must enter in the mine record a report on the withdrawal of persons and remedial action taken to eliminate the danger. Maximum penalty—100 penalty units. (sec.273-ssec.10) The site senior executive must notify the inspector of any action taken under this section immediately after the action is taken. Maximum penalty—200 penalty units. - (a) take measures to prevent immediate danger to other coal mine workers that the worker is able reasonably to take; and - (b) immediately report the situation to the coal mine worker’s supervisor. - (a) sealing operations are to commence; or - (b) the coal mine or part of the coal mine has been sealed; or - (c) the controls detailed in a principal hazard management plan have not been implemented or maintained. - (a) sealing operations are being undertaken in an emergency and an inspector has been notified; or - (b) sealing operations are being undertaken following written acknowledgement from an inspector that sealing operations comply with recognised standards and good mining practice; or - (c) written consent has been received from an inspector for persons to be underground following a sealing.