79Requirements if air quality or safety standards not met

79 Requirements if air quality or safety standards not met

79 Requirements if air quality or safety standards not met

(1) In this section, a person has a reasonable belief about a risk if the person reasonably believes the air quality or air safety standards under this Regulation are not being met at an accessible place at an underground coal mine (the place of risk).

(2) The mine operator of an underground coal mine must ensure the following—

(a) a worker who forms a reasonable belief informs a mining supervisor,

(b) a mining supervisor who is informed of a worker’s reasonable belief takes reasonable steps to inspect the place of risk,

(c) a mining supervisor who forms a reasonable belief—

(i) directs all work to cease at the place of risk, and

(ii) directs all persons at the place of risk to withdraw from the place of risk, and

(iii) implements measures to prevent persons from entering the place of risk, and

(iv) takes reasonable steps to control the risk, including reporting to the mine operator the risk, the steps taken to control the risk and whether the risk has been eliminated or minimised by a control measure.

Maximum penalty—

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

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

(3) If the mine operator of an underground coal mine has been informed that the risk has not been eliminated, the mine operator must ensure further control measures are implemented as are reasonably practicable to control the risk.

Maximum penalty—

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

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

(4) For the purposes of this section, an accessible place at an underground coal mine is taken to be a place of risk if—

(a) the percentage of methane in the general body of air in the place is found to be—

(i) greater than 2% by volume, or

(ii) if explosion-protected, electrical plant, electrical equipment or internal combustion engines are in use in the place—1.25% by volume or greater, or