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Coal Mining Safety and Health Regulation 2017
sec.107Reducing unacceptable level of risk
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### sec.107 Reducing unacceptable level of risk
This section applies if, after inspecting a surface mine under section 106 , the open-cut examiner for the mine decides an unsafe thing at the mine causes an unacceptable level of risk.
If it is practicable, the examiner must ensure the thing is made safe immediately.
If it is not made safe immediately, the examiner must immediately notify persons at the mine who may be exposed to the risk.
Until the thing is made safe, the examiner must—
erect a barrier to prevent persons from unknowingly entering the part of the mine where the unacceptable level of risk exists; and
stop coal mining operations in, and withdraw all persons from, the part.
If the thing is not made safe by the end of the shift in which the inspection was made, the examiner, at the end of the shift, must report the matter to the following persons—
the examiner’s immediate supervisor at the mine;
an open-cut examiner who is required to make a similar inspection during the next shift;
if an operational ROC worker has provided information used to make a decision in relation to the matter—the operational ROC worker who is responsible for the provision of the information.
(sec.107-ssec.1) This section applies if, after inspecting a surface mine under section 106 , the open-cut examiner for the mine decides an unsafe thing at the mine causes an unacceptable level of risk.
(sec.107-ssec.2) If it is practicable, the examiner must ensure the thing is made safe immediately.
(sec.107-ssec.3) If it is not made safe immediately, the examiner must immediately notify persons at the mine who may be exposed to the risk.
(sec.107-ssec.4) Until the thing is made safe, the examiner must— erect a barrier to prevent persons from unknowingly entering the part of the mine where the unacceptable level of risk exists; and stop coal mining operations in, and withdraw all persons from, the part.
(sec.107-ssec.5) If the thing is not made safe by the end of the shift in which the inspection was made, the examiner, at the end of the shift, must report the matter to the following persons— the examiner’s immediate supervisor at the mine; an open-cut examiner who is required to make a similar inspection during the next shift; if an operational ROC worker has provided information used to make a decision in relation to the matter—the operational ROC worker who is responsible for the provision of the information.
- (a) erect a barrier to prevent persons from unknowingly entering the part of the mine where the unacceptable level of risk exists; and
- (b) stop coal mining operations in, and withdraw all persons from, the part.
- (a) the examiner’s immediate supervisor at the mine;
- (b) an open-cut examiner who is required to make a similar inspection during the next shift;
- (c) if an operational ROC worker has provided information used to make a decision in relation to the matter—the operational ROC worker who is responsible for the provision of the information.