sec.42Safety and health management system for personal fatigue and other physical and psychological impairment, and drugs

### sec.42 Safety and health management system for personal fatigue and other physical and psychological impairment, and drugs A coal mine’s safety and health management system must provide for controlling risks at the mine associated with the following— personal fatigue; other physical or psychological impairment; an impairment caused by stress or illness the improper use of drugs. The system must provide for the following about personal fatigue for persons at the mine— an education program; an employee assistance program; the maximum number of hours for a working shift; the number and length of rest breaks in a shift; the maximum number of hours to be worked in a week or roster cycle. The system must provide for protocols for other physical and psychological impairment for persons at the mine. The system must provide for the following about drug consumption or ingestion for persons at the mine— an education program; an employee assistance program; an obligation of a person to notify the site senior executive for the mine of the person’s current use of medication that could impair the person’s ability to carry out the person’s duties at the mine; an obligation of the site senior executive to keep a record of a notification given to the site senior executive under paragraph (c) ; the following assessments to decide a person’s fitness for work— voluntary self-testing; random testing before starting, or during, work; testing the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs. The site senior executive must consult with a cross-section of coal mine workers at the mine in developing the fitness provisions. In developing the fitness provisions, the site senior executive must comply with section 10 , other than section 10 (1) (a) and (d) (ii) (C) , as if a reference in the section to a standard operating procedure were a reference to the fitness provisions. If the fitness provisions provide for the assessment of coal mine workers for a matter mentioned in subsection (1) (a) or (b) , the site senior executive must establish the criteria for the assessment in agreement with a majority of coal mine workers at the mine. If the fitness provisions provide for the assessment of coal mine workers for a matter mentioned in subsection (1) (c) , the site senior executive must make a reasonable attempt to establish the criteria for the assessment in agreement with a majority of workers at the mine. If the majority of workers at the mine disagree with the criteria for the assessment under subsection (7) , the criteria for assessment stated in a recognised standard apply until an agreement is reached. In this section— fitness provisions means the part of the safety and health management system that provides for the things mentioned in subsections (2) to (4) . (sec.42-ssec.1) A coal mine’s safety and health management system must provide for controlling risks at the mine associated with the following— personal fatigue; other physical or psychological impairment; an impairment caused by stress or illness the improper use of drugs. (sec.42-ssec.2) The system must provide for the following about personal fatigue for persons at the mine— an education program; an employee assistance program; the maximum number of hours for a working shift; the number and length of rest breaks in a shift; the maximum number of hours to be worked in a week or roster cycle. (sec.42-ssec.3) The system must provide for protocols for other physical and psychological impairment for persons at the mine. (sec.42-ssec.4) The system must provide for the following about drug consumption or ingestion for persons at the mine— an education program; an employee assistance program; an obligation of a person to notify the site senior executive for the mine of the person’s current use of medication that could impair the person’s ability to carry out the person’s duties at the mine; an obligation of the site senior executive to keep a record of a notification given to the site senior executive under paragraph (c) ; the following assessments to decide a person’s fitness for work— voluntary self-testing; random testing before starting, or during, work; testing the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs. (sec.42-ssec.5) The site senior executive must consult with a cross-section of coal mine workers at the mine in developing the fitness provisions. (sec.42-ssec.6) In developing the fitness provisions, the site senior executive must comply with section 10 , other than section 10 (1) (a) and (d) (ii) (C) , as if a reference in the section to a standard operating procedure were a reference to the fitness provisions. (sec.42-ssec.6A) If the fitness provisions provide for the assessment of coal mine workers for a matter mentioned in subsection (1) (a) or (b) , the site senior executive must establish the criteria for the assessment in agreement with a majority of coal mine workers at the mine. (sec.42-ssec.7) If the fitness provisions provide for the assessment of coal mine workers for a matter mentioned in subsection (1) (c) , the site senior executive must make a reasonable attempt to establish the criteria for the assessment in agreement with a majority of workers at the mine. (sec.42-ssec.7A) If the majority of workers at the mine disagree with the criteria for the assessment under subsection (7) , the criteria for assessment stated in a recognised standard apply until an agreement is reached. (sec.42-ssec.8) In this section— fitness provisions means the part of the safety and health management system that provides for the things mentioned in subsections (2) to (4) . - (a) personal fatigue; - (b) other physical or psychological impairment; Example of other physical or psychological impairment— an impairment caused by stress or illness - (c) the improper use of drugs. - (a) an education program; - (b) an employee assistance program; - (c) the maximum number of hours for a working shift; - (d) the number and length of rest breaks in a shift; - (e) the maximum number of hours to be worked in a week or roster cycle. - (a) an education program; - (b) an employee assistance program; - (c) an obligation of a person to notify the site senior executive for the mine of the person’s current use of medication that could impair the person’s ability to carry out the person’s duties at the mine; - (d) an obligation of the site senior executive to keep a record of a notification given to the site senior executive under paragraph (c) ; - (e) the following assessments to decide a person’s fitness for work— (i) voluntary self-testing; (ii) random testing before starting, or during, work; (iii) testing the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs. - (i) voluntary self-testing; - (ii) random testing before starting, or during, work; - (iii) testing the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs. - (i) voluntary self-testing; - (ii) random testing before starting, or during, work; - (iii) testing the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs.