Western Australia regulation

Work Health and Safety (Mines) Regulations 2022

In ForceWA

Jurisdiction

Western Australia

Collection

regulation

Plain English Summary

3/10 complexity

The Work Health and Safety (Mines) Regulations 2022 (WA) are detailed regulatory rules for protecting health and safety in Western Australia’s mining sector. They affect mining companies, workers (including contractors), managers, supervisors and safety officers.

This matters because mining is high-risk and such regulations set expectations for safety systems, emergency response, equipment standards, incident reporting and legal duties — non-compliance can lead to fines or prosecution. Note: the full text was not retrievable; consult the WA legislation site.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Work Health and Safety (Mines) Regulations 2022.

Part 1

Preliminary

Chapter 1 — Preliminary

Part 1.1 — Introductory matters

Citation 1
Commencement 1
Not used 1
Not used 2
Terms used 2

5A. Meaning of mine 47

5B. Meaning of mining operations 48

5C. Meaning of mine operator 50

Not used 51

6A. Corresponding WHS laws prescribed 51

Meaning of person conducting a business or undertaking: persons excluded 51

7A. References to person conducting a business or undertaking include references to mine operators 52

Meaning of supply 52
Provisions linked to health and safety duties in Act 52

Part 1.2 — Application

Regulations generally apply to mines 53
Application of regulations 54
Assessment of risk in relation to a class of hazards, tasks, circumstances or things 54

Part 1.3 — Incorporated documents

Documents incorporated as in force when incorporated 54
Inconsistencies between provisions 55
References to standards 55

Chapter 2 — Representation and participation

Part 2.1 — Representation

Division 1 — Work groups

Negotiations for and determination of work groups 56
Matters to be taken into account in negotiations 56

Div 2

Health and safety representatives

Division 2 — Health and safety representatives

Procedures for election of health and safety representatives 57
Person conducting business or undertaking must not delay election 58
Removal of health and safety representatives 58

20A. Notice of entry for person assisting health and safety representative 59

Training for health and safety representatives 60

Part 2

2 — Issue resolution

Part 2.2 — Issue resolution

Agreed procedure: minimum requirements 61
Default procedure 61

Part 2.3 — Cessation of unsafe work

Continuity of engagement of worker 63

Part 2.4 — Not used

Not used 63
Not used 63
Not used 63
Not used 63
Not used 63
Not used 63
Not used 63

Part 3

General risk and workplace management

Chapter 3 — General risk and workplace management

Part 3.1 — Managing risks to health and safety

Application of Part 64
Specific requirements must be complied with 64
Duty to identify hazards 64
Managing risks to health and safety 64
Hierarchy of control measures 65
Maintenance of control measures 65
Review of control measures 66

Part 3.2 — General workplace management

Div 1

Information, training and instruction

Division 1 — Information, training and instruction

Provision of information, training and instruction 67

Division 2 — General working environment

Duty in relation to general workplace facilities 68
Duty to provide and maintain adequate and accessible facilities 69

41A. Duty to protect from extremes of heat and cold 70

41B. Duty to provide adequate seating 71

Div 3

First aid

Division 3 — First aid

Duty to provide first aid 71

Div 4

Emergency plans

Division 4 — Emergency plans

Duty to prepare, maintain and implement emergency plan 73

Div 5

Personal protective equipment

Division 5 — Personal protective equipment

Provision to workers and use of personal protective equipment 74
Personal protective equipment used by other persons 76
Duties of worker 76
Duty of person other than worker 77

Div 6

Remote or isolated work

Division 6 — Remote or isolated work

Remote or isolated work 77

Div 7

Managing risks from airborne contaminants

Division 7 — Managing risks from airborne contaminants

Ensuring exposure standards for substances and mixtures not exceeded 78
Monitoring airborne contaminant levels 79

Div 7A

Tobacco products and e‑cigarettes

Division 7A — Tobacco products and e‑cigarettes

50A. Terms used 80

50B. Meaning of enclosed workplace 81

50C. Assessment of notional vertical surface area 83

50D. Persons not to smoke in enclosed workplace 83

50E. Defence to r. 50D: smoking in private vehicle or residence 83

50F. Defence to r. 50D: smoking by actor in a performance 84

50G. Certain persons to give notice of smoking restrictions 84

50H. Inspectors may require individuals to stop smoking 84

50I. Exposure to second‑hand smoke 85

Div 8

Hazardous atmospheres

Division 8 — Hazardous atmospheres

Managing risks to health and safety 86
Ignition sources 86

Div 9

Storage of flammable or combustible substances

Division 9 — Storage of flammable or combustible substances

Flammable and combustible material not to be accumulated 87

Div 10

Falling objects

Division 10 — Falling objects

Management of risk of falling objects 87
Minimising risk associated with falling objects 87

Div 11

Psychosocial risks

Division 11 — Psychosocial risks

55A. Meaning of psychosocial hazard 88

55B. Meaning of psychosocial risk 89

55C. Managing psychosocial risks 89

55D. Control measures 89

Div 12

Directed medical examinations

Division 12 — Directed medical examinations

55E. Meaning of medical examination notice 90

55F. Regulator may direct medical examination of workers 91

55G. Worker to choose registered medical practitioner 91

55H. Person conducting business or undertaking must comply with medical examination notice 91

55I. Duties of registered medical practitioner conducting examination 92

55J. Regulator must inform person conducting business or undertaking 93

55JA. Person conducting business or undertaking must inform mine operator 93

55K. Person conducting business or undertaking must ensure confidentiality of medical examination results 94

Part 4

Hazardous work

Chapter 4 — Hazardous work

Part 4.1 — Noise

Meaning of exposure standard for noise 95
Managing risk of hearing loss from noise 95
Audiometric testing 96
Duties of designers, manufacturers, importers and suppliers of plant 97

Part 4.2 — Hazardous manual tasks

Managing risks to health and safety 99
Duties of designers, manufacturers, importers and suppliers of plant or structures 99

Part 4.3 — Confined spaces

Confined spaces to which Part applies 102
Application to emergency service workers 102

63A. Application to mine emergency workers 102

Division 2 — Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure

Duty to eliminate or minimise risk 103

Division 3 — Duties of person conducting business or undertaking

Entry into confined space must comply with Division 103
Managing risks to health and safety 104
Confined space entry permit 105
Signage 107
Communication and safety monitoring 107
Specific control: connected plant and services 108
Specific control: atmosphere 108
Specific control: flammable gases and vapours 109
Specific control: fire and explosion 110
Emergency procedures 111
Personal protective equipment in emergencies 112
Information, training and instruction for workers 113
Confined space entry permit and risk assessment must be kept 114

Part 4.4 — Falls

Management of risk of fall 115
Specific requirements to minimise risk of fall 116

79A. Duties of certain persons as to holes or openings in floors 118

Emergency and rescue procedures 120

Part 4.5 — High risk work

Division 1 — Licensing of high risk work

Subdivision 1 — Requirement to be licensed

Licence required to carry out high risk work 121
Exceptions 121
Recognition of high risk work licences in other jurisdictions 123
Duty of person conducting business or undertaking to ensure direct supervision 123
Evidence of licence: duty of person conducting business or undertaking 124

Subdiv 2

Licensing process

Subdivision 2 — Licensing process

Not used 126
Not used 126
Not used 126
Not used 126
Not used 126
Not used 126

91A. Not used 126

Not used 126
Not used 126
Licence document to be available 126
Not used 127

Subdiv 3

Not used

Subdivision 3 — Not used

Not used 127
Not used 127
Not used 127
Not used 127

Subdiv 4

Not used

Subdivision 4 — Not used

Not used 127
Not used 127
Not used 127
Not used 127
Not used 127
Not used 127

Subdiv 5

Not used

Subdivision 5 — Not used

Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 128
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129
Not used 129

141A. Not used 129

Part 4.6 — Demolition work

Division 1 — Not used

Not used 130

Division 2 — Conduct of demolition work

142A. Application of Division 130

142B. Requirement to hold Class 1 demolition licence 130

142C. Requirement to hold demolition licence to carry out Class 2 demolition work 132

142D. Demolition work must be conducted by competent persons 132

142E. Demolition work must be supervised by nominated supervisor 133

142F. Regulator to be notified of proposed Class 1 or 2 demolition work in accordance with standard 133

142G. Application for approval of regulator for proposed Class 1 or 2 demolition work not in accordance with standard 134

142H. Regulator’s functions as to application under r. 142G 135

142I. Class 1 or 2 demolition work not to be done without notification or approval or until conditions set 136

142J. Demolition work other than Class 1 or 2 demolition work to be in accordance with standard 136

142K. Class 1 or 2 demolition work to be in accordance with standard or approval 137

142L. Documents to be kept at demolition workplace 137

142M. Requirements for scaffold used in demolition work 138

Part 4.6A — Licensing of demolition work

Division 1 — Licensing process

142N. Application for demolition licence 140

142O. Not used 140

142P. Not used 140

142Q. Not used 140

142R. Not used 140

142S. Not used 140

142T. Not used 140

142U. Not used 140

142V. Not used 140

142W. Not used 140

142X. Licence document to be available 141

Not used 141

143A. Not used 141

143B. Not used 141

143C. Not used 141

143D. Not used 141

143E. Not used 141

143F. Not used 141

143G. Not used 141

143H. Not used 141

Division 3 — Not used

143I. Not used 142

143J. Not used 142

143K. Not used 142

143L. Not used 142

143M. Not used 142

143N. Not used 142

143O. Not used 142

143P. Not used 142

143Q. Not used 142

143R. Not used 142

143S. Not used 142

143T. Not used 142

Part 4.7 — General electrical safety in workplaces and energised electrical work

Meaning of electrical equipment 143
Meaning of electrical installation 143
Meaning of electrical work 143

146A. References to electricity distributor in AS/NZS 3012:2010 143

Division 2 — General risk management

Risk management 144

Division 3 — Electrical equipment and electrical installations

Electrical equipment and electrical installations to which Division applies 144
Unsafe electrical equipment 144
Inspection and testing of electrical equipment 145
Untested electrical equipment not to be used 147

Division 4 — Electrical work on energised electrical equipment

Electrical work 147
Work in roof spaces 148
Not used 150
Not used 150
Not used 150
Not used 150
Not used 150
Not used 150
Not used 150
Not used 150
Not used 150

Division 5 — Electrical equipment and installations and construction work: additional duties

Duty of person conducting business or undertaking 151

Division 6 — Residual current devices

Use of socket outlets in hostile operating environment 151
Testing of residual current devices 153

Division 7 — Overhead and underground electric lines

Duty of person conducting a business or undertaking: underground electric lines 153

166A. Duty of person conducting a business or undertaking: overhead electric lines 154

Part 4.8 — Diving work

Purpose of Part 155

Division 2 — General diving work: fitness and competence of worker

Person conducting business or undertaking must ensure fitness of workers 156
Certificate of medical fitness 156
Duty to keep certificate of medical fitness 157
Competence of worker: general diving work: qualifications 157

171A. Competence of worker: general diving work: knowledge and skill 158

Competence of worker: incidental diving work 159
Competence of worker: limited scientific diving work 159
Competence of competent person supervising general diving work 160
Evidence of competence: duty of person conducting business or undertaking 160

Division 3 — Managing risks: general diving work

Management of risks to health and safety 161
Appointment of competent person to supervise diving work 162
Additional control: dive plan 162
Dive plan must be complied with 163
Additional control: dive safety log to be kept 164
Use of dive safety log 165
Record keeping 166

Division 4 — High risk diving work

Duties of person conducting business or undertaking 167
Duty of worker: competence 168

Part 4.9 — Use of power tools on engineered stone products

184A. Use of power tools on engineered stone products 168

Part 4.10 — Not used

184B. Not used 169

184C. Not used 169

184D. Not used 169

184E. Not used 170

184F. Not used 170

184G. Not used 170

Part 5

Plant and structures

Chapter 5 — Plant and structures

Part 5.1 — General duties for plant and structures

Application of Part to plant 171
Application of Part to structures 171

Division 2 — Duties of persons conducting businesses or undertakings that design plant

Provision of information to manufacturer 171
Hazard identified in design during manufacture 172
Guarding 173
Operational controls 175
Emergency stop controls 176
Warning devices 177

Division 3 — Duties of persons conducting businesses or undertakings that manufacture plant

Control of risk 177
Guarding 179
Information must be obtained and provided 180

Division 4 — Duties of persons conducting businesses or undertakings that import plant

Information to be obtained and provided by importer 180
Control of risk 181

Division 5 — Duties of persons conducting businesses or undertakings that supply plant

Information to be obtained and provided by supplier 182
Supply of second‑hand plant: duties of supplier 182
Second‑hand plant to be used for scrap or spare parts 183

Division 6 — Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures

Duties of persons conducting businesses or undertakings that install, construct or commission plant 183
Duties of persons conducting businesses or undertakings that install, construct or commission structures 184

Division 7 — General duties of a person conducting a business or undertaking involving the management or control of plant

Subdiv 1

Management of risks

Subdivision 1 — Management of risks

Management of risks to health and safety 185

Subdivision 2 — Additional control measures for general plant

Control of risks arising from installation or commissioning 185
Preventing unauthorised alterations to or interference with plant 186
Proper use of plant and controls 187
Plant not in use 188
Guarding 188
Guarding and insulation from heat and cold 190
Operational controls 190
Emergency stops 192
Warning devices 192
Maintenance and inspection of plant 193

Subdivision 3 — Additional control measures for certain plant

Powered mobile plant: general control of risk 194
Powered mobile plant: specific control measures 194
Roll‑over protection on tractors 195
Not used 196
Industrial lift trucks 196
Plant that lifts or suspends loads 197
Exception: plant not specifically designed to lift or suspend a person 199
Plant used in connection with tree lopping 200
Industrial robots 201
Lasers 202
Pressure equipment 203
Scaffolds 204
Plant with presence‑sensing safeguarding system: records 206

Part 5.2 — Additional duties relating to registered plant and plant designs

Division 1 — Application of Part

Application of Part 207

Division 2 — Duty of person conducting a business or undertaking who designs plant to record plant design

Records and information 208
Record of standards or engineering principles used 208
Records to be available for inspection 209

Division 3 — Duties of a person conducting a business or undertaking

Duty of persons conducting businesses or undertakings that manufacture plant 210
Duty of persons conducting businesses or undertakings that import plant 210
Duty of persons conducting businesses or undertakings that supply plant 210
Duty of persons conducting businesses or undertakings that commission plant 211

Division 4 — Duties of a person conducting a business or undertaking involving the management or control of plant

Subdivision 1 — Control measures for registered plant

Major inspection of registered mobile cranes and tower cranes 211
Lifts 213
Records of plant 214

Subdivision 2 — Not used

Not used 215
Not used 215
Not used 215
Not used 215
Not used 215

Part 5.3 — Registration of plant designs and items of plant

Division 1 — Plant designs to be registered

Plant design to be registered under Work Health and Safety (General) Regulations 2022 Part 5.3 215
Altered plant designs to be registered 216
Recognition of designs registered by corresponding regulator 216

Division 2 — Items of plant to be registered

Items of plant to be registered 217
Recognition of plant registered by corresponding regulator 218

Division 3 — Registration process for plant designs

Application of Division 218
Who can apply to register a plant design 218
Not used 218
Not used 219
Not used 219
Not used 219
Not used 219
Not used 219
Not used 219
Not used 219
Not used 219
Not used 219
Not used 219
Not used 219
Registration document to be available 219
Not used 220

Division 4 — Registration process for an item of plant

Application of Division 220
Not used 220
Not used 220
Not used 220
Not used 220
Not used 220
Not used 220
Not used 220
Not used 220
Not used 220
Not used 220
Registration document to be available 220
Not used 221
Not used 221
Not used 221
Not used 221
Not used 221

Division 5 — Not used

Not used 221
Not used 221
Not used 221
Not used 221
Not used 221
Not used 222
Not used 222
Not used 222

Division 6 — Not used

288A. Not used 222

288B. Not used 222

288C. Not used 222

288D. Not used 222

Part 6

Construction work

Chapter 6 — Construction work

Part 6.1 — Preliminary

Meaning of construction work 223
Meaning of structure 224
Meaning of high risk construction work 225
Meaning of construction project 226
Meaning of principal contractor 226

Part 6.2 — Duties of designer of structure and person who commissions construction work

Person who commissions work must consult with designer 227
Designer must give safety report to person who commissions design 228
Person who commissions project must give information to principal contractor 228

Part 6.3 — Duties of person conducting business or undertaking

Division 1 — General

Management of risks to health and safety 229
Security of workplace 229

Division 2 — High risk construction work: safe work method statements

Safe work method statement required for high risk construction work 230
Compliance with safe work method statement 231
Safe work method statement: copy to be given to principal contractor 232
Review of safe work method statement 232
Safe work method statement must be kept 232

Division 3 — Excavation work

Excavation work: underground essential services information 233
Management of risks to health and safety associated with excavation work 235
Additional controls: trenches 236

Division 4 — Tilt‑up concrete and precast concrete elements

306A. Terms used 238

306B. Regulator to be notified of proposed manufacture of concrete panel 238

306C. Concrete panels to be designed and made in accordance with standard 239

306D. Concrete panel at construction site to be transported, craned, stored and erected in accordance with standard 241

306E. Concrete panel at construction site to be temporarily braced in accordance with standard 242

306F. Concrete panel to be fixed and temporary bracing to be removed in accordance with standard 242

306G. Tilt‑up work at construction site not to be done unless regulator notified under r. 306B 243

306H. Documents required at construction site where tilt‑up work done 243

306I. Duty of principal contractor etc. to limit entry to construction site area where tilt‑up work being done 244

306J. Certain persons to ensure only trained persons manufacture concrete panels 245

306K. Certain persons to ensure only trained persons do tilt‑up work other than manufacturing concrete panels 245

Part 6.4 — Additional duties of principal contractor

Application of Part 246
Not used 246
WHS management plan: preparation 246
WHS management plan: duty to inform 247
WHS management plan: review 248
High risk construction work: safe work method statements 248
Copy of WHS management plan must be kept 249
Further health and safety duties: specific regulations 250
Further health and safety duties: specific risks 251

Part 6.4A — Duties of local government

315A. Local government to notify regulator of construction work permits 251

Part 6.5 — General construction induction training

Division 1 — General construction induction training requirements

Duty to provide general construction induction training 252
Duty to ensure worker has been trained 252
Recognition of general construction induction training cards issued in other jurisdictions 253

318A. Not used 253

Not used 253
Not used 253
Not used 253
Not used 253
Not used 253
Not used 253
Not used 254

Division 3 — Duties of workers

Duties of workers 254
Alteration of general construction induction training card 255

Chapter 7 — Hazardous chemicals

Part 7.1 — Hazardous chemicals

Division 1 — Application

Application 256

Division 2 — Obligations relating to safety data sheets and other matters

Subdivision 1 — Obligations of manufacturers and importers

Classification of hazardous chemicals 258
Manufacturer or importer to prepare and provide safety data sheets 258
Safety data sheets: research chemical, waste product or sample for analysis 260
Emergency disclosure of chemical identities to registered medical practitioner 260
Emergency disclosure of chemical identities to emergency workers 261
Packing hazardous chemicals 261
Labelling hazardous chemicals 261

Subdivision 2 — Obligations of suppliers

Restriction on age of person who can supply hazardous chemicals 263
Retailer or supplier packing hazardous chemicals 264
Supplier labelling hazardous chemicals 264
Supplier to provide safety data sheets 265
Supply of prohibited and restricted carcinogens 266

Subdivision 3 — Obligations of persons conducting businesses or undertakings

Labelling hazardous chemicals: general requirement 267
Labelling hazardous chemicals: containers 268
Labelling hazardous chemicals: pipe work 270
Person conducting business or undertaking to obtain and give access to safety data sheets 270
Changes to safety data sheets 273

Division 3 — Register of hazardous chemicals

Subdivision 1 — Hazardous chemicals register

Hazardous chemicals register 274

Subdivision 2 — Not used

Not used 275
Not used 275
Not used 275
Not used 275

Division 5 — Control of risk: obligations of persons conducting businesses or undertakings

Subdivision 1 — General obligations relating to management of risk

Management of risks to health or safety 275
Review of control measures 276
Safety signs 277
Identification of risk of physical or chemical reaction 278
Specific control: fire and explosion 279
Keeping hazardous chemicals stable 279

Subdivision 2 — Spills and damage

Containing and managing spills 280
Protecting hazardous chemicals from damage 281

Subdivision 3 — Emergency plans and safety equipment

Fire protection and firefighting equipment 282
Emergency equipment 283
Not used 283
Safety equipment 284

Subdivision 4 — Not used

Not used 284
Not used 284
Not used 284
Not used 284
Not used 284

Division 6 — Health monitoring

Duty to provide health monitoring 284
Duty to inform of health monitoring 285
Duty to ensure that appropriate health monitoring is provided 286
Duty to ensure health monitoring is supervised by registered medical practitioner with experience 286
Duty to pay costs of health monitoring 287
Information that must be provided to registered medical practitioner 287
Duty to obtain health monitoring report 288
Duty to give health monitoring report to worker 289
Duty to give health monitoring report to regulator 289
Duty to give health monitoring report to relevant persons conducting businesses or undertakings 289
Health monitoring records 289

Division 7 — Induction, information, training and supervision

Duty to provide supervision 290

Division 8 — Prohibition, authorisation and restricted use

Using, handling and storing prohibited carcinogens 291
Using, handling and storing restricted carcinogens 291
Using, handling and storing restricted hazardous chemicals 292
Application for authorisation to use, handle or store prohibited and restricted carcinogens 292
Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens 293
Changes to information in application to be reported 294
Regulator may cancel authorisation 295
Statement of exposure to be given to workers 295
Records to be kept 296

Division 9 — Not used

Not used 296
Not used 297
Not used 297

Part 7

2 — Lead

Part 7.2 — Lead

Division 1 — Lead process

Meaning of lead process 297
Regulator may decide lead process 299
Meaning of lead risk work 300
Duty to give information about health risks of lead process 300

Division 2 — Control of risk

Containment of lead contamination 301
Cleaning methods 301
Prohibition on eating, drinking and smoking 302
Provision of changing and washing facilities 302
Laundering, disposal and removal of personal protective equipment 303
Review of control measures 304

Division 3 — Lead risk work

Identifying lead risk work 306
Notification of lead risk work 307
Changes to information in notification of lead risk work 308

Division 4 — Health monitoring

Duty to provide health monitoring before first commencing lead risk work 309
Duty to ensure that appropriate health monitoring is provided 310
Frequency of biological monitoring 310
Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience 312
Duty to pay costs of health monitoring 313
Information that must be provided to registered medical practitioner 313
Duty to obtain health monitoring report 314
Duty to give health monitoring report to worker 315
Duty to give health monitoring report to regulator 315
Duty to give health monitoring report to relevant persons conducting businesses or undertakings 316
Removal of worker from lead risk work 316
Duty to ensure medical examination if worker removed from lead risk work 317
Return to lead risk work after removal 318
Health monitoring records 319

Part 8

Asbestos

Chapter 8 — Asbestos

Part 8.1 — Prohibitions and authorised conduct

Work involving asbestos or ACM: prohibitions and exceptions 321

Part 8.2 — General duty

Exposure to airborne asbestos at workplace 322

Part 8.3 — Management of asbestos and associated risks

Application of Part 323

421A. Regulator may direct tests for, or removal of, asbestos at workplace 323

Asbestos to be identified or assumed at workplace 324
Analysis of sample 325
Presence and location of asbestos to be indicated 325
Asbestos register 326
Review of asbestos register 327
Access to asbestos register 327
Transfer of asbestos register by person relinquishing management or control 328
Asbestos management plan 328
Review of asbestos management plan 330

Part 8.4 — Management of naturally occurring asbestos

Naturally occurring asbestos 331
Asbestos management plan 331
Review of asbestos management plan 333
Training in relation to naturally occurring asbestos 333

Part 8.5 — Asbestos at the workplace

Division 1 — Health monitoring

Duty to provide health monitoring 334
Duty to ensure that appropriate health monitoring is provided 335
Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience 335
Duty to pay costs of health monitoring 336
Information that must be provided to registered medical practitioner 336
Duty to obtain health monitoring report 337
Duty to give health monitoring report to worker 338
Duty to give health monitoring report to regulator 338
Duty to give health monitoring report to relevant persons conducting businesses or undertakings 339
Health monitoring records 339

Division 2 — Training

Duty to train workers about asbestos 340

Division 3 — Control on use of certain equipment

Duty to limit use of equipment 341

Part 8.6 — Demolition and refurbishment

Application of Part 342
Review of asbestos register 342
Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment 343
Duty to obtain asbestos register 343
Determining presence of asbestos or ACM 343
Identification and removal of asbestos before demolition 345
Identification and removal of asbestos before demolition of residential premises 345
Emergency procedure 346
Emergency procedure: residential premises 347
Identification and removal of asbestos before refurbishment 348
Refurbishment of residential premises 348

Part 8.7 — Asbestos removal work

457A. Application of Part 349

Duty to ensure asbestos removalist is licensed 349
Asbestos removal supervisor must be present or readily available 350
Asbestos removal worker must be trained 350
Licensed asbestos removalist must keep training records 351
Duty to give information about health risks of licensed asbestos removal work 352
Asbestos removalist must obtain register 352
Asbestos removal control plan 353
Asbestos removal control plan to be kept and available 353
Regulator must be notified of asbestos removal 354
Licensed asbestos removalist must inform certain persons about intended asbestos removal work 356
Person with management or control of workplace must inform persons about asbestos removal work 357
Signage and barricades for asbestos removal work 358
Limiting access to asbestos removal area 359
Decontamination facilities 360
Disposing of asbestos waste and contaminated personal protective equipment 361
Clearance inspection 362
Clearance certificates 363

Part 8.8 — Asbestos removal requiring Class A asbestos removal licence

Air monitoring: asbestos removal requiring Class A asbestos removal licence 364
Action if respirable asbestos fibre level too high 366
Removing friable asbestos 368

Part 8.9 — Asbestos‑related work

Application of Part 369
Uncertainty as to presence of asbestos 370
Duty to give information about health risks of asbestos‑related work 370
Asbestos‑related work to be in separate area 371
Air monitoring 371
Decontamination facilities 372
Disposing of asbestos waste and contaminated personal protective equipment 373

Part 8.10 — Licensing of asbestos removalists and asbestos assessors

Div 1A

Application

Division 1A — Application

484A. Application of Part 374

Division 1 — Asbestos removalists: requirement to be licensed

Requirement to hold Class A asbestos removal licence 375
Exception to requirement to hold Class A asbestos removal licence 375
Requirement to hold Class B asbestos removal licence 375
Recognition of asbestos removal licences in other jurisdictions 376

Division 2 — Asbestos assessors: requirement to be licensed

Requirement to hold asbestos assessor licence 377
Recognition of asbestos assessor licences in other jurisdictions 377

Division 3 — Licensing process

Who may apply for a licence 377
Application for asbestos removal licence or asbestos assessor licence 378
Not used 378
Not used 378
Not used 378
Not used 378
Not used 378
Not used 378
Not used 378
Not used 378
Not used 378
Not used 378
Not used 378
Not used 378
Licence document to be available 379
Not used 379
Not used 379
Not used 379
Not used 379
Not used 379
Not used 379
Not used 379
Not used 379
Not used 380

Division 5 — Not used

Not used 380
Not used 380
Not used 380
Not used 380
Not used 380

Division 6 — Not used

Not used 380
Not used 380
Not used 380
Not used 380
Not used 380
Not used 380
Not used 380

Division 7 — General

Not used 380
Not used 380
Work must be supervised by nominated supervisor 380

Part 9

Not used

Chapter 9 — Not used

Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 382
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 383
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 384
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385
Not used 385

Part 10

Mines

Chapter 10 — Mines

Part 10.1 — Preliminary

608A. Terms used 386

608B. Regulator may determine who is not contractor for Chapter 387

Not used 387
Not used 387
Not used 387
Meaning of principal mining hazard 387
Not used 388
Not used 388
Not used 388
Not used 388

Part 10.2 — Managing risks

Division 1 — General requirements

Subdivision 1 — Control of risk

Managing risks to health and safety 388
Review of control measures 389
Record of certain reviews of control measures: mine operator 391
Record of certain reviews of control measures: other persons conducting business or undertaking 392

Subdivision 2 — Mine safety management system

Duty to establish and implement mine safety management system 392

621A. General requirements for mine safety management system 393

Content of mine safety management system 394
Performance standards and audit 398
Maintenance 399
Review 399

625A. Consultation requirement for mine safety management system 401

Subdiv 2A

Contractors

Subdivision 2A — Contractors

625B. Duty of mine operator to provide information to contractor 401

625C. Duty of contractor to provide information to mine operator 402

625D. Contractor to be covered by health and safety plan or mine safety management system 402

Subdivision 3 — Information to other mine operators

Duty to provide information to other mine operators 405

Division 2 — Principal mining hazard management plans

Identification of principal mining hazards and conduct of risk assessments 406
Preparation of principal mining hazard management plan 406
Review 408

Division 3 — Specific control measures — all mines

Subdivision 1 — Operational controls

Communication on change of supervisors 409
Movement of mobile plant 410

631A. Inrush hazards 411

631B. Geotechnical structures 411

631C. Quarry operations 412

631D. Managing risks to health and safety in relation to explosives 413

631E. Externally‑controlled plant 414

Prohibited uses 415
Not used 416
Minimum age to work at mine 416

634A. Inspections 416

Subdivision 2 — Air quality and monitoring

Temperature and moisture content of air 418

635A. Airborne contaminants 418

Not used 419
Monitoring airborne contaminant levels 419

637A. Requirements if airborne exposure standard for mixture or substance exceeded 420

Use of devices for air monitoring 421
Signage relating to air monitoring 421

Subdivision 3 — Fitness for work

Fatigue 422
Alcohol and drugs 422

Subdiv 3A

Electricity in mines

Subdivision 3A — Electricity in mines

641A. Managing risks due to electricity 422

641B. Records to be kept relating to electricity at mine 423

641C. Electrical log books 424

641D. Earthing systems 424

641E. Trailing cables and reeling cables 425

641F. Earth continuity protection and monitoring 426

641G. Electrical work to be carried out by licensed persons 426

641H. Working in close proximity to uninsulated high voltage conductors or components 427

Subdiv 3B

Radiation in mines

Subdivision 3B — Radiation in mines

641I. Terms used 427

641J. Subdivision prevails over Radiation Safety (General) Regulations 1983 428

641K. Meaning of radioactive material 428

641L. Application of Subdivision 429

641M. Pre‑operational monitoring program 429

641N. Radiation management plan 430

641O. Radioactive waste management plan 431

641P. Dose limits 432

641Q. Assessment of doses 433

641R. Controlled areas and supervised areas 434

641S. Designated workers 435

641T. Pregnant designated workers 436

641U. Notifying results of dose assessment of designated workers 436

641V. Approval to remove or dispose of radioactive material 437

641W. Approval to use or treat imported radioactive minerals 437

641X. Discharges 438

641Y. Notifications, reports and records 439

Division 4 — Specific control measures — underground mines

Subdivision 1 — All underground mines — operational controls

Not used 440

642A. Managing risks in underground operations 440

Connecting workings 441

643A. Underground fires 442

Winding systems 442

644A. Ropes 444

Operation of mine shaft conveyances 445
Gas or dust explosion 446

Subdivision 2 — All underground mines — air quality and ventilation

Not used 447
Air quality — minimum standards for ventilated air 447
Air quality — monitoring 448
Requirements if air quality requirements or exposure standards not complied with 448
Not used 449
Ventilation system — further requirements 450
Monitoring and testing of ventilation system 451
Duty to prepare and implement underground ventilation control plan 451
Not used 453
Ventilation plan 453

656A. Diesel units 454

656B. Exposure standard for diesel particulates 455

656C. Additional ventilation requirements for diesel units 455

Subdivision 3 — Underground coal mines

Coal dust explosion 456
Spontaneous combustion 458
Not used 458
Not used 458
Not used 458
Not used 458
Additional requirements relating to methane 458

Division 5 — Emergency management

Subdivision 1 — Emergency plan — all mines

Duty to prepare emergency plan 460
Consultation in preparation of emergency plan 461
Not used 462
Copies of emergency plan to be kept and provided 462
Resources for emergency plan 463
Testing of emergency plan 463
Review of emergency plan 464

670A. Training of workers 464

Subdiv 1A

Mine emergency workers — all mines

Subdivision 1A — Mine emergency workers — all mines

670B. Mine emergency workers 464

Subdivision 2 — Underground mines

Emergency exits 465
Communication, safe escape and refuge 466
Signage for refuges 467
Self‑rescuers 467

674A. First aid and rescue equipment 468

Personal protective equipment for emergencies 468

675AA. Competent persons at surface 469

Division 6 — Information, training and instruction

675A. Duty to inform workers about mine safety management system 469

675B. Duty to provide information, training and instruction 470

675BA. Site induction for new workers 471

675BB. Duty of persons conducting businesses or undertaking to ensure competency of workers 471

675C. Information for visitors 472

675D. Review of information, training and instruction 472

675E. Records of training 472

Part 10.3 — Health management and monitoring

Division 1 — Health management

675EA. Duty to prepare and implement health management plan 473

675EB. Duty to provide information on health management plan 474

Division 2 — Health monitoring

675F. Health monitoring of workers 475

675G. Duty to inform of health monitoring 476

675H. Duty to ensure health monitoring is carried out or supervised by registered medical practitioner with experience 476

675I. Duty to pay costs of health monitoring 477

675J. Duty to provide registered medical practitioner with information 477

675K. Health monitoring report 478

675L. Person conducting business or undertaking to obtain health monitoring report 478

675M. Person conducting business or undertaking to give health monitoring report to mine operator 479

675N. Duty to give health monitoring report to worker 479

675O. Duty to give health monitoring report to regulator 479

675P. Health monitoring reports kept as records 480

Part 10.4 — Not used

675Q. Not used 480

675R. Not used 480

Part 10.5 — Mine survey plans

675RA. Meaning of mine survey plan 481

675S. Duty to prepare and maintain mine survey plan 481

675T. Not used 482

675TA. Minimum requirements for mine survey plans where underground or quarry operations carried out 482

675U. Mine survey plans to be available 484

675UA. Fatal accident site survey plan 484

675UB. Duty to provide mine survey plan when mine closed or suspended 485

Part 10.6 — Provision of information to regulator

675UC. Information about commencement of non‑exploration mining operations 486

675UD. Information about commencement of additional mining operations 488

675UE. Request for further information about commencement of mining operations 490

675UF. Information about suspension and lifting of suspension 491

675UG. Duty of mine operator to ensure mine is safe and secure during suspension 493

675UH. Information about care and maintenance 494

675UI. Information about closure of mine 495

675UJ. Information about commencement of exploration operations 497

675UK. Information about high risk mining activities 498

675UL. Acknowledging notice about high risk mining activities 501

675V. Duty to notify regulator of reportable incidents 501

675W. Quarterly reports 502

675X. Duty to notify mine operator of incidents 502

Part 10.7 — Mine record

675Y. Mine record 503

675Z. Mine record must be kept and available 504

675ZA. Mine record to contain inspection records 507

Part 10.7A — Positions in relation to mines

Division 1 — Duties to have persons carry out functions of statutory positions

675ZB. Duties of mine operators in relation to statutory positions at mines 507

675ZC. Sufficient persons must be appointed for statutory positions 509

Division 2 — Mine operator

675ZD. Information about mine operator 509

675ZE. Duties of mine operator 511

675ZF. Duties of mine operator of exploration mine without workers 512

675ZG. Duties of mine operator of mine where non‑exploration operations are carried out without workers 512

Division 3 — Site senior executive

675ZH. Mine to have site senior executive 513

675ZI. Appointment of site senior executive 514

675ZJ. Functions of site senior executive 515

675ZK. Information about site senior executive 516

Division 4 — Exploration manager

675ZL. Exploration mine to have exploration manager 517

675ZM. Appointment of exploration manager 518

675ZN. Functions of exploration manager 519

675ZO. Information about exploration manager 519

Division 5 — Schedule 26 positions

675ZP. Schedule 26 positions, functions and eligibility requirements 521

675ZQ. Appointment of persons to Schedule 26 positions 521

Division 6 — General provisions about statutory positions

675ZR. Appointment of alternates for key statutory positions 522

675ZS. Eligibility of persons in key statutory positions to be appointed to particular positions at other mines 523

675ZT. Exemption from requirement to make certain appointments for mine engaged in exploration operations only 523

675ZU. Only 1 person appointed to key statutory positions for a mine 524

675ZV. Accepting appointments under Part 524

675ZW. Recording appointment of persons to statutory positions 524

675ZX. Giving false or misleading information or document about eligibility for statutory position 525

675ZY. Statutory position‑holder to carry out functions 526

Part 10.7B — Statutory certificates

675ZZ. Meaning of applicant 526

675ZZA. Schedule 27 sets out statutory certificates 526

675ZZB. Applications for statutory certificates 526

675ZZC. Grant of statutory certificate 527

675ZZD. Replacement statutory certificate 528

675ZZE. Suspending or cancelling statutory certificates 528

675ZZF. Register of statutory certificates 530

Part 10.7C — Assessments and courses for statutory positions and certificates

675ZZG. Regulator to make determination about mining safety legislation for examinations 530

675ZZH. Applicable legislation examinations 531

675ZZI. Register of persons who pass applicable legislation examinations 532

675ZZJ. Approving WHS risk management units for statutory positions and certificates 532

675ZZK. Regulator may approve courses for particular statutory positions 533

675ZZL. Referral of application for statutory certificate to relevant competence committee 533

675ZZM. Relevant competence committee to make determination about mining practice examinations 534

675ZZN. Mining practice examinations 535

Chapter 11 — General

Part 11.1 — Review of decisions under these regulations

Division 1 — Reviewable decisions

Which decisions under these regulations are reviewable 536

Division 2 — Internal review

Application 545
Application for internal review 545
Internal reviewer 546
Decision of internal reviewer 546
Decision on internal review 547
Internal review: reviewable decision continues 547

Division 3 — External review

Application for external review 547

Part 11

2 — Exemptions

Part 11.2 — Exemptions

Division 1 — General

General power to grant exemptions 548
Matters to be considered in granting exemptions 548

Division 2 — High risk work licences

High risk work licence: exemption 549
High risk work licence: regulator to be satisfied about certain matters 549

Division 3 — Not used

Not used 550
Not used 550

Division 4 — Exemption process

Application for exemption 550
Conditions of exemption 550
Form of exemption document 551
Compliance with conditions of exemption 551
Notice of decision in relation to exemption 551
Publication of notice of exemption 552
Notice of refusal of exemption 552
Amendment or cancellation of exemption 552
Notice of amendment or cancellation 552

Part 11.2A — Competence Advisory Committees

698A. Terms used 553

Division 2 — Establishment and functions

698B. Establishment 554

698C. Functions 554

Division 3 — Membership

698D. Membership of Mining Competence Advisory Committee 554

698E. Membership of Surveyors Competence Advisory Committee 555

698F. Term of appointment 556

698G. Nominations 556

698H. Vacation of office 557

698I. Deputies 557

Division 4 — Practice and procedure

698J. Quorum 557

698K. Meetings 558

698L. Voting 558

698M. Procedures 558

Part 11.2B — Mining and Petroleum Advisory Committee

698N. Prescribed bodies (Act, Sch. 1 cl. 23) 558

698O. Functions of Mining and Petroleum Advisory Committee relating to mining industry (Act, Sch. 1 cl. 24) 559

Part 11.3 — Miscellaneous

Incident notification: prescribed serious illnesses 560
Inspectors’ identity cards 561
Entry warrant 561
Not used 561
Review of decisions under the Act: stay of decision 562
Confidentiality of information: exception relating to administration or enforcement of other laws 562

Part 11.4 — Transitional and savings provisions for Work Health and Safety (Mines) Regulations 2022

Terms used 563
Applications pending determination 563
Continuation of Board of Examiners in relation to applications for certificates of competency 564
References to convictions or findings of guilt 565
Emergency plans 565
Tobacco smoke underground in underground non‑coal mines 565
Materials hoists 566
Concrete placing booms 566
Reach stackers 566
Demolition 566
Residual current devices 566
Plant registered under MSIR 567
Plant designs and items of plant not registered under MSIR 567
Continuation of exemptions from requirements to register plant 568
Safe work method statements for high risk construction work 573
Tilt up concrete and precast concrete elements 573
Additional duties of principal contractors 573
General construction induction training 573
Asbestos register 573
Undertaking asbestos removal work without licence 573
Licensed asbestos assessors 574
Information about commencing or recommencing mining operations given before commencement day 574
Information about suspending mining operations given before commencement day 574
Information about abandoning mining operations given before commencement day 575
Exploration operations 575
Continuation of approvals under MSIR 575
Establishing and implementing mine safety management system for mines 577
Contractor’s health and safety management plans 577
Principal mining hazard management plans 578
Underground ventilation control plans 578
Health management plans 578
Application of MSIR Parts 11, 12 and 14 to mines 578
Notices of high risk mining activity 579
References to GHS 582
Principal employers under MSIA taken to be mine operators 582
Site senior executives 583
Exploration managers 584
Persons appointed to positions under MSIA taken to be appointed to equivalent Schedule 26 positions 585
Statutory supervisors 587
Agreements that underground managers need not be appointed 588
Agreements that quarry managers need not be appointed 589
Written directives exempting mines from requirement to appoint ventilation officers 590
Competency certificates 591
Winding engine driver’s certificates 593
Exemptions generally 594

Part 11.5 — Transitional and savings provisions for Work Health and Safety Regulations Amendment Regulations (No. 2) 2023

Delayed application of Schedule 3 items 14A and 15A 595

Schedule 1 — Not used

Schedule 2 — Not used

Schedule 3 — High risk work licences and classes of high risk work

Boom‑type elevating work platform 603

Sch 4

High risk work licences: competency requirements

Schedule 4 — High risk work licences: competency requirements

Purpose of Schedule 604

Sch 5

Registration of plant and plant designs

Schedule 5 — Registration of plant and plant designs

Division 1 — Plant requiring registration of design

Items of plant requiring registration of design 608
Exceptions 609

Division 2 — Items of plant requiring registration

Items of plant requiring registration 609
Exceptions 610

Sch 6

Classification of mixtures

Schedule 6 — Classification of mixtures

Purpose of Schedule 611

Sch 7

Safety data sheets

Schedule 7 — Safety data sheets

Safety data sheets: content 616
Safety data sheets: research chemical, waste product or sample for analysis 617

Sch 8

Disclosure of ingredients in safety data sheet

Schedule 8 — Disclosure of ingredients in safety data sheet

Purpose of Schedule 619
Identity of ingredients to be disclosed 619
Generic names used to disclose identity of ingredients 621
Disclosing proportions of ingredients 622

Sch 9

Classification, packaging and labelling requirements

Schedule 9 — Classification, packaging and labelling requirements

Division 1 — Correct classification

Correct classification of a substance, mixture or article 623

Division 2 — Correct packing

Correctly packing hazardous chemicals 623

Division 3 — Correct labelling

Labelling hazardous chemicals: general 624
Labelling hazardous chemicals: small container 625
Labelling hazardous chemicals: research chemicals or samples for analysis 625
Labelling hazardous chemicals: decanted or transferred chemicals 626
Labelling hazardous chemicals: known hazards 626
Labelling hazardous chemicals: waste products 627
Labelling hazardous chemicals: explosives 627
Labelling hazardous chemicals: agricultural and veterinary chemicals 628

Schedule 10 — Prohibited carcinogens, restricted carcinogens and restricted hazardous chemicals

Schedule 11 — Not used

Schedule 12 — Not used

Schedule 13 — Not used

Schedule 14 — Requirements for health monitoring

Schedule 15 — Not used

Schedule 16 — Not used

Schedule 17 — Not used

Schedule 18 — Not used

Schedule 18A — Forms

Schedule 19 — Principal mining hazard management plans — matters to be considered

Geotechnical structure instability 642
Inrush of any substance 643
Mine shafts and winding systems 645
Roads and other areas where mobile plant operate 646
Fire and explosion 648
Gas outbursts at underground coal mines 650
Spontaneous combustion at underground coal mines 650

Schedule 20 — Prohibited uses in mines

Schedule 21 — Not used

Schedule 22 — Matters to be included in emergency plan for a mine

Schedule 23 — High risk mining activities

Schedule 24 — Information to be included in notification of reportable incidents

Schedule 25 — Information to be included in quarterly reports

Meaning of relevant incident 664
Mine operator 664
The mine 664
Commodity processed 664
Number of workers 664
Number of hours worked 664
Number of relevant incidents 664
Number of lost time injuries 664
Days lost from work 665
Number of restricted duty days 665
Number of workers placed on restricted duties 665
Number of treatment injuries 665
Number of deaths 665
Other information 665

Sch 26

Statutory positions

Schedule 26 — Statutory positions

Radiation safety officers 666
Noise officers 666
Statutory supervisors 667
Mine air quality officers 669
Electrical supervisors 669
High voltage operators 671
Underground managers (non‑coal) 672
Underground managers (coal) 672
Underground supervisors (non‑coal) 673
Underground supervisors (coal) 674
Underground ventilation officers 675
Authorised mine surveyors (underground) 677
Winding engine drivers 677
Quarry managers 678
Authorised mine surveyors (quarry operation) 679

More sections below

Source text: opening excerpt

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

Western Australia

Work Health and Safety Act 2020

Work Health and Safety (Mines) Regulations 2022

Western Australia

Work Health and Safety (Mines) Regulations 2022

Contents

Chapter 1 — Preliminary

Part 1.1 — Introductory matters

Citation 1
Commencement 1
Not used 1
Not used 2
Terms used 2

5A. Meaning of mine 47

5B. Meaning of mining operations 48

5C. Meaning of mine operator 50

Not used 51

6A. Corresponding WHS laws prescribed 51

Meaning of person conducting a business or undertaking: persons excluded 51

7A. References to person conducting a business or undertaking include references to mine operators 52

Meaning of supply 52
Provisions linked to health and safety duties in Act 52

Part 1.2 — Application

Regulations generally apply to mines 53
Application of regulations 54
Assessment of risk in relation to a class of hazards, tasks, circumstances or things 54

Part 1.3 — Incorporated documents

Documents incorporated as in force when incorporated 54
Inconsistencies between provisions 55
References to standards 55

Chapter 2 — Representation and participation

Part 2.1 — Representation

Division 1 — Work groups

Negotiations for and determination of work groups 56
Matters to be taken into account in negotiations 56

Division 2 — Health and safety representatives

Procedures for election of health and safety representatives 57
Person conducting business or undertaking must not delay election 58