sec.252Action where risk is unacceptable

### sec.252 Action where risk is unacceptable If the level of risk from a hazard at a mine or an area within a mine is not within acceptable limits, a worker, if competent and able to eliminate the danger from the hazard, must take the action necessary to eliminate the danger. Maximum penalty—100 penalty units. If the worker is not competent or able to eliminate the danger, the worker— if the hazard is equipment, substances or operations—must stop the use of the equipment, substances or operations; or if stopping the use of equipment, substances or operations does not bring risk within acceptable limits or the risk is not caused by the use of equipment, substances or operations—must withdraw from the mine or the area within the mine. Maximum penalty—100 penalty units. Also, if the worker is not competent or able to eliminate the danger, the worker must— take measures to prevent immediate danger to other workers that the worker is able reasonably to take; and immediately report the situation to the worker’s supervisor. Maximum penalty—100 penalty units. If subsection (2) (b) applies, a supervisor of workers must ensure that the workers are withdrawn from the mine or the area within the mine. Maximum penalty—100 penalty units. If action has been taken under subsection (2) (a) , a person must not use the equipment or substances or resume operations until the risk— has been assessed by a competent person; and has been treated as necessary to reduce the risk to an acceptable level. Maximum penalty—100 penalty units. If action has been taken under subsection (2) (b) , a person must not re-enter the mine or the area within the mine until the risk— has been assessed by a competent person; and has been treated as necessary to reduce the risk to an acceptable level. Maximum penalty for subsection (6) —100 penalty units. (sec.252-ssec.1) If the level of risk from a hazard at a mine or an area within a mine is not within acceptable limits, a worker, if competent and able to eliminate the danger from the hazard, must take the action necessary to eliminate the danger. Maximum penalty—100 penalty units. (sec.252-ssec.2) If the worker is not competent or able to eliminate the danger, the worker— if the hazard is equipment, substances or operations—must stop the use of the equipment, substances or operations; or if stopping the use of equipment, substances or operations does not bring risk within acceptable limits or the risk is not caused by the use of equipment, substances or operations—must withdraw from the mine or the area within the mine. Maximum penalty—100 penalty units. (sec.252-ssec.3) Also, if the worker is not competent or able to eliminate the danger, the worker must— take measures to prevent immediate danger to other workers that the worker is able reasonably to take; and immediately report the situation to the worker’s supervisor. Maximum penalty—100 penalty units. (sec.252-ssec.4) If subsection (2) (b) applies, a supervisor of workers must ensure that the workers are withdrawn from the mine or the area within the mine. Maximum penalty—100 penalty units. (sec.252-ssec.5) If action has been taken under subsection (2) (a) , a person must not use the equipment or substances or resume operations until the risk— has been assessed by a competent person; and has been treated as necessary to reduce the risk to an acceptable level. Maximum penalty—100 penalty units. (sec.252-ssec.6) If action has been taken under subsection (2) (b) , a person must not re-enter the mine or the area within the mine until the risk— has been assessed by a competent person; and has been treated as necessary to reduce the risk to an acceptable level. Maximum penalty for subsection (6) —100 penalty units. - (a) if the hazard is equipment, substances or operations—must stop the use of the equipment, substances or operations; or - (b) if stopping the use of equipment, substances or operations does not bring risk within acceptable limits or the risk is not caused by the use of equipment, substances or operations—must withdraw from the mine or the area within the mine. - (a) take measures to prevent immediate danger to other workers that the worker is able reasonably to take; and - (b) immediately report the situation to the worker’s supervisor. - (a) has been assessed by a competent person; and - (b) has been treated as necessary to reduce the risk to an acceptable level. - (a) has been assessed by a competent person; and - (b) has been treated as necessary to reduce the risk to an acceptable level.