408Who may enter mine

408 Who may enter mine

(1) The operator of a mine must ensure, so far as is reasonably practicable, that—

(a) no person, other than an inspector, or a person authorised under section 87 of the Act, enters the mine without permission; and

Section 87 of the Act allows for entry at a workplace by an authorised representative of a registered employee organisation if that representative reasonably suspects there has been a contravention of the Act.

(b) no person under the age of 16 years is engaged to carry out work in any open cut workings or in an underground mine; and

(c) no person under the age of 18 years is engaged to carry out work in an underground mine, unless the person—

(i) is over the age of 16 years; and

(ii) is an apprentice or trainee under direct supervision by a suitably qualified and experienced supervisor authorised by the operator, as required under subregulation (2).

(2) For the purposes of subregulation (1)(c)(ii), the operator of the mine must ensure that—

(a) the apprentice or trainee is given directions, demonstrations and monitoring so that the apprentice or trainee can perform the work in a manner that is safe and without risks to health, and that the directions, demonstrations and monitoring are appropriate having regard to—

(i) the tasks assigned to the apprentice or trainee; and

(ii) the competence of the apprentice or trainee; and

(b) should an emergency involving the apprentice or trainee arise, immediate action to rectify any hazardous situation can be taken; and

(c) the apprentice or trainee is always under direct supervision unless the authorised supervisor of the apprentice or trainee reasonably believes—

(i) that the circumstances of a particular task make such direct supervision impracticable or unnecessary; and

(ii) that the level of competence of the apprentice or trainee is sufficient so that direct supervision in relation to that task is unnecessary; and

(iii) that the lesser degree of supervision will not place the apprentice or trainee or any other person at risk.