17Duties of site senior officers

17 Duties of site senior officers

(1)  The site senior officer for a mine must ensure, as far as practicable, in relation to matters over which he or she has the capacity to control or to influence control, that the mining operations or the state of the mine do not adversely affect the health or safety of any person.

Penalty:  [Section 17 Subsection (1) amended by No. 39 of 2020, s. 18, Applied:27 Dec 2020] Fine not exceeding $100 000.

(2)  Without limiting the generality of subsection (1) , the site senior officer is not to be taken to have ensured that the mining operations or the state of the mine do not adversely affect the health or safety of any person unless he or she, so far as practicable, has ensured the following matters, if he or she has the capacity to control or to influence control over them:

(a) adequate planning, organisation, leadership and control of operations to ensure that the operations do not adversely affect health and safety;

(b) the carrying out of critical work at the mine that requires particular technical competencies;

(c) adequate and competent supervision and control of operations on each shift at the mine;

(d) regular monitoring and assessment of the working environment, work procedures, equipment and installations at the mine;

(e) appropriate inspection of each work area at the mine including, where necessary, pre-shift inspections;

(f) compliance with the mine’s health and safety management system, if any;

(g) appropriate means, practices and procedures for communication between –

(i) workers; and

(ii) workers and management; and

(iii) workers on one shift and workers on another shift;

(h) cessation of work, closure and or evacuation, as appropriate, at all or part of the mine when there is an imminent and material risk of serious injury, serious illness or death, until the risk is eliminated or minimised.

(3)  The site senior officer at a mine must report to the operator of the mine –