sec.81Action to be taken if certified equipment does not meet certification requirements or is likely to create an unacceptable level of risk

### sec.81 Action to be taken if certified equipment does not meet certification requirements or is likely to create an unacceptable level of risk Subsection (2) applies if a nationally accredited testing station becomes aware that— equipment certified by the testing station should not have been certified because the equipment did not meet the requirements for certification; or the requirements for certification change in a way that is likely to create an unacceptable level of risk if equipment that has been certified by the testing station is used for the purpose for which the equipment was certified; or the certification of equipment is amended, suspended or cancelled. The testing station must give immediate notice of the fact to— the manufacturer or supplier of the equipment who obtained the certification; and the chief inspector. If a manufacturer or supplier of certified equipment becomes aware of a matter mentioned in subsection (1) relating to the equipment, the manufacturer or supplier must give immediate notice of the matter to— the site senior executive for each mine at which the equipment is, to the manufacturer’s or supplier’s knowledge, being used; and each manufacturer of equipment for the mining industry to whom the manufacturer or supplier has supplied the equipment; and each contractor who works in the mining industry and to whom the manufacturer or supplier has supplied the equipment. If the site senior executive for a coal mine becomes aware that a matter mentioned in subsection (1) relates to certified equipment used at the mine, the site senior executive must immediately— take action to ensure the continued use of the equipment does not create an unacceptable level of risk; and give the chief inspector notice stating the equipment type and how many items of the equipment are in use at the mine. (sec.81-ssec.1) Subsection (2) applies if a nationally accredited testing station becomes aware that— equipment certified by the testing station should not have been certified because the equipment did not meet the requirements for certification; or the requirements for certification change in a way that is likely to create an unacceptable level of risk if equipment that has been certified by the testing station is used for the purpose for which the equipment was certified; or the certification of equipment is amended, suspended or cancelled. (sec.81-ssec.2) The testing station must give immediate notice of the fact to— the manufacturer or supplier of the equipment who obtained the certification; and the chief inspector. (sec.81-ssec.3) If a manufacturer or supplier of certified equipment becomes aware of a matter mentioned in subsection (1) relating to the equipment, the manufacturer or supplier must give immediate notice of the matter to— the site senior executive for each mine at which the equipment is, to the manufacturer’s or supplier’s knowledge, being used; and each manufacturer of equipment for the mining industry to whom the manufacturer or supplier has supplied the equipment; and each contractor who works in the mining industry and to whom the manufacturer or supplier has supplied the equipment. (sec.81-ssec.4) If the site senior executive for a coal mine becomes aware that a matter mentioned in subsection (1) relates to certified equipment used at the mine, the site senior executive must immediately— take action to ensure the continued use of the equipment does not create an unacceptable level of risk; and give the chief inspector notice stating the equipment type and how many items of the equipment are in use at the mine. - (a) equipment certified by the testing station should not have been certified because the equipment did not meet the requirements for certification; or - (b) the requirements for certification change in a way that is likely to create an unacceptable level of risk if equipment that has been certified by the testing station is used for the purpose for which the equipment was certified; or - (c) the certification of equipment is amended, suspended or cancelled. - (a) the manufacturer or supplier of the equipment who obtained the certification; and - (b) the chief inspector. - (a) the site senior executive for each mine at which the equipment is, to the manufacturer’s or supplier’s knowledge, being used; and - (b) each manufacturer of equipment for the mining industry to whom the manufacturer or supplier has supplied the equipment; and - (c) each contractor who works in the mining industry and to whom the manufacturer or supplier has supplied the equipment. - (a) take action to ensure the continued use of the equipment does not create an unacceptable level of risk; and - (b) give the chief inspector notice stating the equipment type and how many items of the equipment are in use at the mine.