sec.40Obligations of contractors

### sec.40 Obligations of contractors A contractor for a mine has the following obligations— to ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; to ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; to ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine; to ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor— has given the site senior executive for the mine a safety and health management plan; and has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system; if the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor— has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor; to ensure no work at the mine is performed by a worker engaged by the contractor, or a worker arranged by the contractor to perform work or provide a service, 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 performed, or service to be provided, by the worker; and has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker; to ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor. Subsection (1) (b) , (d) and (e) (i) does not apply if the mine is not required to have a safety and health management system. In this section— safety and health management plan , of a contractor, means a plan that— identifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and states how the contractor intends to comply with the contractor’s obligations under this section. s 40 sub 2018 No. 28 s 57 amd 2024 No. 34 s 158 (sec.40-ssec.1) A contractor for a mine has the following obligations— to ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; to ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; to ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine; to ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor— has given the site senior executive for the mine a safety and health management plan; and has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system; if the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor— has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor; to ensure no work at the mine is performed by a worker engaged by the contractor, or a worker arranged by the contractor to perform work or provide a service, 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 performed, or service to be provided, by the worker; and has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker; to ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor. (sec.40-ssec.2) Subsection (1) (b) , (d) and (e) (i) does not apply if the mine is not required to have a safety and health management system. (sec.40-ssec.3) In this section— safety and health management plan , of a contractor, means a plan that— identifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and states how the contractor intends to comply with the contractor’s obligations under this section. - (a) to ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; - (b) to ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; - (c) to ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine; - (d) to ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor— (i) has given the site senior executive for the mine a safety and health management plan; and (ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system; - (i) has given the site senior executive for the mine a safety and health management plan; and - (ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system; - (e) if the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor— (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor; - (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and - (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor; - (f) to ensure no work at the mine is performed by a worker engaged by the contractor, or a worker arranged by the contractor to perform work or provide a service, 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 performed, or service to be provided, 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 performed, or service to be provided, by 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 performed, or service to be provided, 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 performed, or service to be provided, by the worker; - (g) to ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor. - (i) has given the site senior executive for the mine a safety and health management plan; and - (ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system; - (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and - (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor; - (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, 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 performed, or service to be provided, by the worker; - (a) identifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and - (b) states how the contractor intends to comply with the contractor’s obligations under this section.