26Contractor to prepare plan or use safety management system

26 Contractor to prepare plan or use safety management system

26 Contractor to prepare plan or use safety management system

(1) A contractor must not carry out mining operations or petroleum operations at a mine or petroleum site unless the contractor has—

(a) prepared a plan (a contractor health and safety management plan) in accordance with subsection (3), and

(b) provided a copy of the plan to the operator of the mine or petroleum site, and

(c) obtained written notice from the operator that the operator has reviewed the plan and reasonably believes the plan is consistent with the safety management system for the mine or petroleum site, and

(d) as far as reasonably practicable, implemented the plan.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) Subsection (1) does not apply if the contractor has—

(a) reviewed the relevant parts of the safety management system for the mine or petroleum site, and

(b) given the operator of the mine or petroleum site written notice that—

(i) the contractor has conducted the review, and

(ii) the contractor reasonably believes the safety management system is consistent with the contractor’s arrangements to manage the risks to health and safety from mining operations or petroleum operations carried out by the contractor at the mine or petroleum site in accordance with section 14 and other requirements under the WHS laws that relate to the operations.

(3) A contractor health and safety management plan must—

(a) set out the means by which the contractor will manage the risks to health and safety from mining operations or petroleum operations carried out by the contractor at the mine or petroleum site in accordance with section 14 and other requirements under the WHS laws that relate to the operations, and

(b) be designed to be used by the contractor as the primary means of—

(i) ensuring, as far as reasonably practicable, the health and safety of the contractor’s workers at the mine or petroleum site, and