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Mining and Quarrying Safety and Health Act 1999
sec.253Where worker exposed to immediate personal danger
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### sec.253 Where worker exposed to immediate personal danger
Subject to section 252 (1) and (2) , if a worker (the original worker ) reasonably believes that there is serious danger to the original worker’s safety or health, the original worker has the right—
to remove themself to a position of safety; and
to refuse to undertake a task allocated to the original worker that may place the worker in serious danger.
The operator or the operator’s representative must not disadvantage the original worker for exercising the worker’s rights under subsection (1) .
Maximum penalty—200 penalty units.
Subsection (4) applies if the operator or the operator’s representative subsequently asks or directs another worker (the subsequent worker ) to place themself in the position from which the original worker has removed themself, or to undertake a task that the original worker has refused to undertake.
The operator or the operator’s representative must advise the subsequent worker that the original worker exercised rights under subsection (1) because the original worker believed that there was a serious danger to the original worker’s safety or health.
Maximum penalty for subsection (4) —200 penalty units.
s 253 amd 2024 No. 34 s 223
(sec.253-ssec.1) Subject to section 252 (1) and (2) , if a worker (the original worker ) reasonably believes that there is serious danger to the original worker’s safety or health, the original worker has the right— to remove themself to a position of safety; and to refuse to undertake a task allocated to the original worker that may place the worker in serious danger.
(sec.253-ssec.2) The operator or the operator’s representative must not disadvantage the original worker for exercising the worker’s rights under subsection (1) . Maximum penalty—200 penalty units.
(sec.253-ssec.3) Subsection (4) applies if the operator or the operator’s representative subsequently asks or directs another worker (the subsequent worker ) to place themself in the position from which the original worker has removed themself, or to undertake a task that the original worker has refused to undertake.
(sec.253-ssec.4) The operator or the operator’s representative must advise the subsequent worker that the original worker exercised rights under subsection (1) because the original worker believed that there was a serious danger to the original worker’s safety or health. Maximum penalty for subsection (4) —200 penalty units.
- (a) to remove themself to a position of safety; and
- (b) to refuse to undertake a task allocated to the original worker that may place the worker in serious danger.