30Suspending operations

30 Suspending operations

30 Suspending operations

(1) An industry safety and health representative may give a direction to the mine operator of a coal mine to suspend mining operations at the coal mine if the industry safety and health representative is of the opinion that—

(a) there has been a failure at the coal mine to comply with the WHS laws or with any safety management system required by the regulations in respect of the coal mine, and

(b) because of that failure there is a danger to the health or safety of workers at the coal mine.

(2) A direction under this section must—

(a) be in the form (if any) approved by the regulator, and

(b) state that the industry safety and health representative is of the opinion referred to in subsection (1), and

(c) give particulars of the industry safety and health representative’s reasons for being of that opinion, and

(d) identify the mining operations that are to be suspended, and

(e) give particulars of any action that, in the industry safety and health representative’s opinion, could be taken to remove the danger.

(3) A mine operator who is given a direction must immediately—

(a) comply with the direction, and

(b) notify the regulator of the giving of the direction.

Maximum penalty—

(a) in the case of an individual—100 penalty units, or

(b) in the case of a body corporate—500 penalty units.

(4) An industry safety and health representative must take all reasonable steps to notify the regulator that the industry safety and health representative proposes to give a direction to a mine operator before the direction is given.

(5) An industry safety and health representative may instead notify the regulator as soon as practicable after giving a direction if the direction is given in relation to any situation involving a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard.

(6) Failure to notify the regulator does not affect the validity of a direction.