Mining and Quarrying Safety and Health Regulation 2017
sec.38Rescue
Start here
Get a plain-English read of sec.38
Turn the raw legal text into a practical explanation grounded in Mining and Quarrying Safety and Health Regulation 2017.
sec.38 Rescue
This section applies to a mine if facilities or procedures for rescuing persons in emergencies are decided as necessary for the mine under section 32 . The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations— facilities or procedures for— persons, and using equipment, on-site; and liaising with, and using, local or state emergency services; if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services— the availability of suitably trained site-based persons and suitable rescue equipment; and facilities and procedures for liaising with, and using, persons and equipment from other operations and agencies for carrying out a rescue. The site senior executive must ensure reasonable action is taken to rescue persons from an area of unacceptable risk, or a refuge, at the mine. In deciding what action is reasonable for subsection (3) , the site senior executive must have regard to the risk to persons in carrying out the rescue. s 38 amd 2019 SL No. 140 s 21 sch 1 (sec.38-ssec.1) This section applies to a mine if facilities or procedures for rescuing persons in emergencies are decided as necessary for the mine under section 32 . (sec.38-ssec.2) The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations— facilities or procedures for— persons, and using equipment, on-site; and liaising with, and using, local or state emergency services; if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services— the availability of suitably trained site-based persons and suitable rescue equipment; and facilities and procedures for liaising with, and using, persons and equipment from other operations and agencies for carrying out a rescue. (sec.38-ssec.3) The site senior executive must ensure reasonable action is taken to rescue persons from an area of unacceptable risk, or a refuge, at the mine. (sec.38-ssec.4) In deciding what action is reasonable for subsection (3) , the site senior executive must have regard to the risk to persons in carrying out the rescue.
- (a) facilities or procedures for— (i) persons, and using equipment, on-site; and (ii) liaising with, and using, local or state emergency services;
- (i) persons, and using equipment, on-site; and
- (ii) liaising with, and using, local or state emergency services;
- (b) if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services— (i) the availability of suitably trained site-based persons and suitable rescue equipment; and (ii) facilities and procedures for liaising with, and using, persons and equipment from other operations and agencies for carrying out a rescue.