sec.39Obligations of site senior executive for mine

### sec.39 Obligations of site senior executive for mine A site senior executive for a mine has the following obligations in relation to the safety and health of persons who may be affected by operations— to ensure the risk to persons from operations is at an acceptable level; to ensure the risk to persons from any plant or substance provided by the site senior executive for the performance of work is at an acceptable level; to develop and implement a safety and health management system for all persons at the mine including contractors; to give a contractor for the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to— identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and comply with section 40 (1) (d) ; to review safety and health management plans of contractors and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system; to develop, implement and maintain a management structure for the mine that helps ensure the safety and health of persons at the mine; to ensure no work is undertaken by a worker at the mine, or operational ROC worker for the mine, until the worker— has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and has received training so the worker is competent to perform the worker’s duties; to provide for— adequate planning, organisation, leadership and control of operations; and the carrying out of critical work at the mine that requires particular technical competencies; and adequate supervision and control of operations on each shift at the mine; and regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and adequate supervision and monitoring of contractors at the mine. Subsection (1) (c) , (d) , (e) and (g) (i) does not apply to a site senior executive of a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine. However, a regulation may specify an opal or gem mine mentioned in subsection (2) to be a mine to which subsection (1) (c) , (d) , (e) and (g) (i) applies because of the size, nature or complexity of the mine’s operations. s 39 amd 2010 No. 17 s 62 ; 2011 No. 2 s 79 ; 2018 No. 28 s 56 ; 2024 No. 34 s 157 (sec.39-ssec.1) A site senior executive for a mine has the following obligations in relation to the safety and health of persons who may be affected by operations— to ensure the risk to persons from operations is at an acceptable level; to ensure the risk to persons from any plant or substance provided by the site senior executive for the performance of work is at an acceptable level; to develop and implement a safety and health management system for all persons at the mine including contractors; to give a contractor for the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to— identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and comply with section 40 (1) (d) ; to review safety and health management plans of contractors and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system; to develop, implement and maintain a management structure for the mine that helps ensure the safety and health of persons at the mine; to ensure no work is undertaken by a worker at the mine, or operational ROC worker for the mine, until the worker— has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and has received training so the worker is competent to perform the worker’s duties; to provide for— adequate planning, organisation, leadership and control of operations; and the carrying out of critical work at the mine that requires particular technical competencies; and adequate supervision and control of operations on each shift at the mine; and regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and adequate supervision and monitoring of contractors at the mine. (sec.39-ssec.2) Subsection (1) (c) , (d) , (e) and (g) (i) does not apply to a site senior executive of a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine. (sec.39-ssec.3) However, a regulation may specify an opal or gem mine mentioned in subsection (2) to be a mine to which subsection (1) (c) , (d) , (e) and (g) (i) applies because of the size, nature or complexity of the mine’s operations. - (a) to ensure the risk to persons from operations is at an acceptable level; - (b) to ensure the risk to persons from any plant or substance provided by the site senior executive for the performance of work is at an acceptable level; - (c) to develop and implement a safety and health management system for all persons at the mine including contractors; - (d) to give a contractor for the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to— (i) identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and (ii) comply with section 40 (1) (d) ; - (i) identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and - (ii) comply with section 40 (1) (d) ; - (e) to review safety and health management plans of contractors and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system; - (f) to develop, implement and maintain a management structure for the mine that helps ensure the safety and health of persons at the mine; - (g) to ensure no work is undertaken by a worker at the mine, or operational ROC worker for the mine, until the worker— (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and (iii) has received training so the worker is competent to perform the worker’s duties; - (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and - (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and - (iii) has received training so the worker is competent to perform the worker’s duties; - (h) to provide for— (i) adequate planning, organisation, leadership and control of operations; and (ii) the carrying out of critical work at the mine that requires particular technical competencies; and (iii) adequate supervision and control of operations on each shift at the mine; and (iv) regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and (v) appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and (vi) the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and (vii) adequate supervision and monitoring of contractors at the mine. - (i) adequate planning, organisation, leadership and control of operations; and - (ii) the carrying out of critical work at the mine that requires particular technical competencies; and - (iii) adequate supervision and control of operations on each shift at the mine; and - (iv) regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and - (v) appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and - (vi) the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and - (vii) adequate supervision and monitoring of contractors at the mine. - (i) identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and - (ii) comply with section 40 (1) (d) ; - (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and - (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and - (iii) has received training so the worker is competent to perform the worker’s duties; - (i) adequate planning, organisation, leadership and control of operations; and - (ii) the carrying out of critical work at the mine that requires particular technical competencies; and - (iii) adequate supervision and control of operations on each shift at the mine; and - (iv) regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and - (v) appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and - (vi) the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and - (vii) adequate supervision and monitoring of contractors at the mine.