14Management of risks to health and safety

14 Management of risks to health and safety

14 Management of risks to health and safety

(1) A person conducting a business or undertaking at a mine or petroleum site must manage risks to health and safety associated with mining operations or petroleum operations at the mine or petroleum site in accordance with the WHS Regulations, Part 3.1.

(2) A person conducting a business or undertaking at a mine or petroleum site must ensure a risk assessment is conducted in accordance with this section by a person who is competent to conduct the risk assessment having regard to the nature of the hazard.

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

(3) In conducting a risk assessment, the person must have regard to the following—

(a) the nature of the hazard,

(b) the likelihood of the hazard affecting the health or safety of a person,

(c) the severity of the potential health and safety consequences.

(4) Subsection (3) does not limit the operation of another requirement to conduct a risk assessment under this Regulation.

(5) A person conducting a business or undertaking at a mine or petroleum site, who is the operator of the mine or petroleum site or who is a contractor, must keep a record of the following—

(a) each risk assessment conducted under this section and the name and competency of the person who conducted the risk assessment,

(b) the control measures implemented to eliminate or minimise a risk that was identified by the risk assessment.

(6) A person conducting a business or undertaking at a mine or petroleum site is not required to keep a record of a risk assessment if—

(a) the risk assessment is required to be carried out by an individual before the worker commences a task that forms part of an activity, and

(b) the person keeps a record of risk assessments that addresses the overall activity being undertaken, of which the task forms a part.

(7) A record kept under subsection (5) by an operator of a mine or petroleum site forms part of—