406Review by operator of a mine

406 Review by operator of a mine

(1) In order to ensure that the operator of a mine is complying with regulation 405(1) by implementing appropriate risk control measures, the operator must review and, if necessary, revise the following—

(a) the identification of mining hazards; and

(b) the assessment of risks associated with mining hazards; and

(c) the risk control measures implemented.

(2) A review under subregulation (1) must be conducted at least once every 3 years as well as in the following circumstances—

(a) before any mine modification is made;

(b) after any incident involving a mining hazard occurs at the mine;

(c) if the operator of a mine has removed a person from the person's work or assigned the person to alternative work in the circumstances described in regulation 413;

(3) A health and safety representative may make a request under subregulation (2)(d) if the health and safety representative believes on reasonable grounds that—

(a) any of the circumstances referred to in subregulation (2)(a), (b) and (c) exists; or

(b) the operator has failed—

(ii) to take account of any of the circumstances referred to in subregulation (2)(a), (b) and (c) in conducting a review of, or revising, the risk control measures.

2 Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21 and the consultation requirements in Division 3 of this Part.

Subdivision 2—Specific safety duties in all mines