Legislation Review - Answers PDF

Legislation Review Maintenance of Competency Legislation Review The following pieces of legislation are the main sources of information needed by you to meet your statutory requirements:  Work Health and Safety Act 2011  Work Health and Safety Regulation 2017  Work Health and Safety (Mines and...

Legislation Review Maintenance of Competency Legislation Review The following pieces of legislation are the main sources of information needed by you to meet your statutory requirements:  Work Health and Safety Act 2011  Work Health and Safety Regulation 2017  Work Health and Safety (Mines and Petroleum Sites) Act 2013  Work Health and Safety (Mines and Petroleum Sites) Regulation 2022  Explosives Act 2003  Explosives Regulation 2013 Maintenance of Competency WHS Act and Regs As far as reasonably practicable, what must a person conducting a business or undertaking ensure to comply with their duty of care? WHS Act s19 (3) (3) Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable: a) the provision and maintenance of a work environment without risks to health and safety, and b) the provision and maintenance of safe plant and structures, and c) the provision and maintenance of safe systems of work, and d) the safe use, handling, and storage of plant, structures and substances, and e) the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities, and f) the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking, and g) that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking. Maintenance of Competency WHS Act and Regs What is the meaning of ’reasonably practicable’ in ensuring health & safety? WHS Act s18 In this Act, reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including: (a) the likelihood of the hazard or the risk concerned occurring, and (b) the degree of harm that might result from the hazard or the risk, and (c) what the person concerned knows, or ought reasonably to know, about: (i) the hazard or the risk, and (ii) ways of eliminating or minimising the risk, and (d) the availability and suitability of ways to eliminate or minimise the risk, and (e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk. Maintenance of Competency WHS Act and Regs What are the duties of workers? WHS Act s28 While at work, a worker must: (a) take reasonable care for his or her own health and safety, and (b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons, and (c) comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act, and (d) co-operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers. Maintenance of Competency WHS Act and Regs What is the nature of consultation under Division 2 of Part 5? WHS Act s48 (1) Consultation under this Division requires: (a) that relevant information about the matter is shared with workers, and (b) that workers be given a reasonable opportunity: (i) to express their views and to raise work health or safety issues in relation to the matter, and (ii) to contribute to the decision-making process relating to the matter, and (c) that the views of workers are taken into account by the person conducting the business or undertaking, and (d) that the workers consulted are advised of the outcome of the consultation in a timely manner. (2) If the workers are represented by a health and safety representative, the consultation must involve that representative. Maintenance of Competency WHS Act and Regs When is consultation required at the mine site? WHS Act s49 Consultation under this Division is required in relation to the following health and safety matters: (a) when identifying hazards and assessing risks to health and safety arising from the work carried out or to be carried out by the business or undertaking, (b) when making decisions about ways to eliminate or minimise those risks, (c) when making decisions about the adequacy of facilities for the welfare of workers, (d) when proposing changes that may affect the health or safety of workers, (e) when making decisions about the procedures for: (i) consulting with workers, or (ii) resolving work health or safety issues at the workplace, or (iii) monitoring the health of workers, or (iv) monitoring the conditions at any workplace under the management or control of the person conducting the business or undertaking, or (v) providing information and training for workers, or (f) when carrying out any other activity prescribed by the regulations for the purposes of this section. Maintenance of Competency WHS Act and Regs What are the requirements to identify hazards? WHS Regs cl34 A duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety. What are the requirements to manage risks to health and safety? WHS Regs cl35 A duty holder, in managing risks to health and safety, must: (a) eliminate risks to health and safety so far as is reasonably practicable, and (b) if it is not reasonably practicable to eliminate risks to health and safety—minimise those risks so far as is reasonably practicable. Maintenance of Competency WHS Act and Regs If it is not reasonably practicable for the duty holder to eliminate risks to health and safety, what steps must the duty holder take to minimise the risks (hierarchy of control measures)? WHS Regs cl36 (3) – (5) (3) The duty holder must minimise risks, so far as is reasonably practicable, by doing 1 or more of the following: (a) substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk, (b) isolating the hazard from any person exposed to it, (c) implementing engineering controls. (4) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls. (5) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment. Maintenance of Competency WHS Act and Regs With respect to maintenance of control measures, what must a duty holder do? WHS Regs cl37 A duty holder who implements a control measure to eliminate or minimise risks to health and safety must ensure that the control measure is, and is maintained so that it remains effective, including by ensuring that the control measure is and remains: (a) fit for purpose, and (b) suitable for the nature and duration of the work, and (c) installed, set up and used correctly. Maintenance of Competency WHS Act and Regs With respect to review of control measures, what must a duty holder do? WHS Regs cl38 1) A duty holder must review and as necessary revise control measures implemented under this Regulation so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety. 2) Without limiting subclause (1), the duty holder must review and as necessary revise a control measure in the following circumstances: (a) the control measure does not control the risk it was implemented to control so far as is reasonably practicable, (b) before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control, (c) a new relevant hazard or risk is identified, (d) the results of consultation by the duty holder under the Act or this Regulation indicate that a review is necessary, (e) a health and safety representative requests a review under subclause (4). Maintenance of Competency WHS Act and Regs With respect to review of control measures, what must a duty holder do? WHS Regs cl38 3) Without limiting subclause (2) (b), a change at the workplace includes: a) a change to the workplace itself or any aspect of the work environment, or b) a change to a system of work, a process or a procedure. 4) A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that: (a) a circumstance referred to in subclause (2) (a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative, and (b) the duty holder has not adequately reviewed the control measure in response to the circumstance. Maintenance of Competency WHS Act and Regs What are the requirements with respect to the provision of information, training and instruction? WHS Regs cl39 (2) - (3) (2) The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to: (a) the nature of the work carried out by the worker, and (b) the nature of the risks associated with the work at the time the information, training or instruction is provided, and (c) the control measures implemented. (3) The person must ensure, so far as is reasonably practicable, that the information, training and instruction provided under this clause is provided in a way that is readily understandable by any person to whom it is provided. Maintenance of Competency WHS Act and Regs With respect to first aid, what must a person conducting a business or undertaking ensure? WHS Regs cl42 (1) A person conducting a business or undertaking at a workplace must ensure: (a) the provision of first aid equipment for the workplace, and (b) that each worker at the workplace has access to the equipment, and (c) access to facilities for the administration of first aid. (2) A person conducting a business or undertaking at a workplace must ensure that: (a) an adequate number of workers are trained to administer first aid at the workplace, or (b) workers have access to an adequate number of other persons who have been trained to administer first aid. (3) For the purposes of this clause, the person conducting the business or undertaking must have regard to all relevant matters, including the following: (a) the nature of the work being carried out at the workplace, (b) the nature of the hazards at the workplace, (c) the size and location of the workplace, (d) the number and composition of the workers and other persons at the workplace Maintenance of Competency WHS (M&PS) Act and Regs What is a “notifiable incident”? WHS (M&PS) Act s14 In this Act, notifiable incident means: (a) the death of a person, or (b) a serious injury or illness of a person that is prescribed by the regulations, or (c) a dangerous incident prescribed by the regulations. When is there a duty to preserve an incident site? WHS (M&PS) Act s17 (1) When a notifiable incident has occurred at a mine or petroleum site each of the following persons must ensure, so far as is reasonably practicable, that the incident site is not disturbed until an inspector arrives at the incident site or any earlier time that a government official directs: (a) any person who is required to ensure that the regulator is notified of the notifiable incident, (b) each person with management or control of the incident site. Maintenance of Competency WHS (M&PS) Act and Regs What is the meaning of a Principal Mining Hazard? WHS (M&PS) Regs s4 In this Regulation, a principal hazard is any activity, process, procedure, plant, structure, substance, situation or other circumstance relating to the carrying out of mining operations that has a reasonable potential to result in multiple deaths in a single incident or a series of recurring incidents in relation to (a) For mining operations – one or more of the following: (i) ground or strata failure, (ii) inundation or inrush of a substance, (iii) mine shafts and winding systems, (iv) gas outbursts, (v) spontaneous combustion, (vi) subsidence, (vii) roads or other vehicle operating areas, (viii)air quality or dust or other airborne contaminants, (ix) fire or explosion, (x) a hazard identified by the mine operator under the WHS Regulations clause 34 Maintenance of Competency WHS (M&PS) Act and Regs What are the requirements with respect to managing risks to health and safety? WHS (M&PS) Regs s14 (1) – (3) (1) A person conducting a business or undertaking at a mine must manage risks to health and safety associated with mining operations at the mine in accordance with the WHS Regulations Part 3.1. (2) A person conducting a business or undertaking at a mine must ensure that 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. (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. Maintenance of Competency WHS (M&PS) Act and Regs Name the Control Plans relevant to the Open Cut operations? WHS (M&PS) Regs s30 and Schedule 2  Health Control Plan  Mechanical Engineering Control Plan  Electrical Engineering Control Plan  Explosives Control Plan  Emergency Plan – stated at s91 (4) Maintenance of Competency WHS (M&PS) Act and Regs Detail the requirements related to communication between shifts? WHS (M&PS) Regs s31 The operator of a mine at which more than one shift is worked each day must implement a system that ensures that, as soon as is reasonably practicable at the commencement of each shift: a) the supervisor of each outgoing shift provides a written report to the supervisor of the incoming shift, in relation to the following: i. the workings at the mine, ii. the state of plant, iii. other matters that relate to work health or safety, and b) the supervisor of the outgoing shift: i. gives a written acknowledgement to the supervisor of the incoming shift the accuracy of the report, and ii. signs, or electronically signs, the acknowledgment, and c) the supervisor of the incoming shift communicates the content of the report to the workers on the incoming shift, and d) the supervisor of the incoming shift i. Gives a written acknowledgement to the supervisor of the outgoing shift that the content of the report has been communicated to workers on the incoming shift, and ii. signs, or electronically signs, the acknowledgment. Maintenance of Competency WHS (M&PS) Act and Regs Detail the requirements specifically related to Open Cut Operations about inspections? WHS (M&PS) Regs s88 (1) The mine operator of a coal mine must ensure a) an inspection plan for the mine is prepared in accordance with this section, and b) inspections of the mine are carried out in accordance with this section and the plan. (2) As part of the inspection plan for the mine, the mine operator of a coal mine must ensure the following: a) the mine is divided into inspection areas, each being an area of a size no larger than that which may be reasonably inspected by a competent person within the time allocated to that person, c) for a coal mine other than an underground mine, a production area is identified for each area of the mine at which coal or mineral is extracted that includes: i. areas where drilling is carried out, or ii. areas where haul roads, dumps or stockpiles are being used, e) a boundary of a production area that crosses a roadway on which persons normally travel is identified. Maintenance of Competency WHS (M&PS) Act and Regs Detail the requirements specifically related to Open Cut Operations about inspections? WHS (M&PS) Regs s88 (3) The mine operator of a coal mine must ensure that the inspection plan for the mine makes provision for the following: a) the means by which concerns raised around the size of production areas, and the ability of persons responsible to adequately perform required inspections, must be resolved, b) how a concern arising from an inspection (a safety concern) is to be brought to the attention of: i. persons whose health or safety may be affected, and ii. the person in the management structure of the mine whose area of responsibility and accountability includes the subject matter of the safety concern (the relevant manager), c) how a person more senior in the management structure of the mine than the relevant manager, must be notified of the remedial action taken, or not taken, by the relevant manager following a safety concern being raised (a senior manager), d) how concerns must be brought to the attention of the senior manager about the remedial action taken, or not taken, by the relevant manager following a safety concern being raised, f) the recording of the results of inspections caried out under the plan, g) the regular and timely review by relevant managers of reports of inspections and other information provided by persons carrying out inspections. (4) An inspection of each production area at a coal mine, other than an underground coal mine, at which mining operations are taking place must be carried out under the inspection plan at least once every shift. Maintenance of Competency WHS (M&PS) Act and Regs Detail the requirements specifically related to Open Cut Operations about inspections? WHS (M&PS) Regs s88 (6) Inspections may be required more frequently than specified in subsection (4) or (5) dependent on the risks present at the particular mine. (7) The inspection of all safely accessible parts of each inspection area at a coal mine must be carried out by: b) for the inspection of a production area, or former production area, of a coal mine that is not an underground coal mine—a mining supervisor at the mine, or c) otherwise—a competent person. (9) The mine operator of a coal mine must ensure no person enters a production area after the regular routine of inspections for the area have been interrupted until the production area has been inspected in accordance with this section. (10) Subsections (8) or (9) do not prevent a person going underground or entering an area to carry out an inspection in accordance with this section. (11) The mine operator of a coal mine must ensure workers at the mine are permitted to examine a place where they will work for risks a) before commencing work, and b) during the course of their work Maintenance of Competency WHS (M&PS) Act and Regs What are the reporting requirements detailed in the Mining Regulations? WHS (M&PS) Regs s124 (1) – (4) (1) The operator of a mine must take all reasonable steps to ensure the regulator is notified in accordance with this section after becoming aware of an incident, other than a notifiable incident, arising out of the carrying out of mining operations at the mine, but only if the incident: (a) results in illness or injury that requires medical treatment within the meaning of Schedule 9 section 12, or (b) is a high potential incident. (2) The notification must also be made to an industry safety and health representative if the incident occurs at a coal mine. (3) The operator must ensure the regulator is notified as soon as reasonably practicable after becoming aware of the incident, but no later than the earlier of the following: (a) 7 days after becoming aware of the incident, (b) 48 hours after becoming aware the incident resulted in an illness or injury. (4) The notification must: (a) be written, (b) be in the approved way and form, and (c) for an incident that results in an illness or injury---contain the details specified in Schedule 8. Maintenance of Competency WHS (M&PS) Act and Regs What are the high potential Incidents that relate to Open Cut Operations? WHS (M&PS) Regs s124 (5) (a) An event referred to in section 190(1) that would have been dangerous if a person were reasonably in the vicinity at the time when the incident or event occurred and in usual circumstances a person could have been in the vicinity at the time, (e) the burial of machinery such that it cannot be recovered under its own tractive effort, (j) a misfire or unplanned explosion of an explosive or explosive precursor, but not a misfire at a mine other than a coal mine if the misfired explosive may be fired without any significant risk to a person, (k) an unplanned event that causes the emergency evacuation of more than 1 person from the mine or part of the mine, (n) an injury to a person, supported by a medical certificate, that results in or is likely to result in the person being unfit, for a continuous period of at least 7 days, to perform the person’s usual activities at the person’s place of work, (o) the illness of a person, supported by a medical certificate, that is related to a work process and that results in or is likely to result in the person being unfit, for a continuous period of at least 7 days, to perform the person’s usual activities at the person’s place of work, Maintenance of Competency WHS (M&PS) Act and Regs What are the high potential Incidents that relate to Open Cut Operations? WHS (M&PS) Regs s124 (5) (q) a person is exposed to an 8-hour time-weighted average atmospheric concentration of airborne dust and diesel particulate matter that is more than the amounts specified in section 41 (1) (b), (r) a person is exposed to an 8-hour time-weighted average atmospheric concentration of carbon dioxide that is more than the amounts specified in section 41 (2) (b), (s) a person is exposed to an 8-hour time-weighted average atmospheric concentration of crystalline silica that is more than the exposure standard specified in the Workplace Exposure Standards for Airborne Contaminants, (u) an uncontrolled fire on mobile plant that is in operation, whether operated directly, remotely or autonomously. (v) a loss of control of heavy earthmoving machinery that is operated remotely or autonomously, including a failure of braking or steering, (w) spontaneous combustion occurring at the surface of a coal mine Maintenance of Competency WHS (M&PS) Act and Regs What are the dangerous Incidents that relate to Open Cut Operations? WHS (M&PS) Regs s190 (1) For the WHS (MPS) Act, section 14(c), an incident in relation to a workplace that exposes a worker or other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to one or more of the following is a dangerous incident: a) an uncontrolled escape, spillage or leakage of a substance, b) an uncontrolled implosion, explosion or fire, c) an uncontrolled escape of gas or steam, d) an uncontrolled escape of a pressurised substance, e) the fall or release from a height of any plant, substance or thing, f) the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised within the meaning of Part 4 of the WHS Act, g) the collapse or partial collapse of a structure, h) the collapse or failure of an excavation or of shoring supporting an excavation, i) the inrush of water, mud or gas in workings at an underground excavation or tunnel, k) the loss of control of heavy earthmoving machinery, including any failure of braking or steering, l) the unintended activation, movement, or failure to stop of vehicles or machinery, m) a collision involving a vehicle or mobile plant, o) damage to plant or structures, Maintenance of Competency WHS (M&PS) Act and Regs What are the dangerous Incidents that relate to Open Cut Operations? WHS (M&PS) Regs s190 (1) For the WHS (MPS) Act, section 14(c), an incident in relation to a workplace that exposes a worker or other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to one or more of the following is a dangerous incident: p) a failure of ground, or of slope stability control measures, q) rock falls, instability of cliffs, steep slopes or natural dams, occurrence of sinkholes, development of surface cracking or deformations or release of gas at the surface, due to subsidence, r) a vehicle or plant making contact with an energised source having a voltage greater than 1,200 volts, other than testing equipment applied to energised equipment in accordance with the WHS Regulations, s) spontaneous combustion at a coal mine. (2) The following are also dangerous incidents: b) an electric shock to a person, other than a shock from an extra low voltage source, d) the unintended overturning of any vehicle or of plant weighing more than 1,000 kilograms, e) ejection of rock from blasting that falls outside the blast exclusion zone, being the area from which persons are excluded during the blasting, Maintenance of Competency WHS (M&PS) Act and Regs What must a Roads or Other Vehicle Operating Areas PHMP address? WHS (M&PS) Regs Schedule 1 (7) The following matters must be considered in developing the control measures to manage the risks of roads or other vehicle operating areas: (a) mobile plant characteristics, including stopping distances, manoeuvrability, operating speeds, driver position, driver line of sight and remote control mobile plant, (b) the effect on road conditions of expected environmental conditions during operating periods, including time of day, weather, temperature and visibility, (c) the impact of road design and characteristics, including grade, camber, surface, radius of curves and intersections, (d) the impact of mine design, including banks and steep drops adjacent to vehicle operating areas, (e) the volume and speed of traffic and the potential for interactions between mobile plant with different operating characteristics, including heavy and light vehicles, (f) the potential for interactions between mobile plant and pedestrians, including consideration of park up areas and driver access, (g) the potential for interaction between mobile plant and public traffic, (h) the potential for interaction between mobile plant and fixed structures, including overhead and underground power lines, tunnel walls and roofs. Maintenance of Competency WHS (M&PS) Act and Regs What must a Health Control Plan address? WHS (M&PS) Regs Schedule 2 (1) A health control plan for a mine must address the following: a) The control measures for eliminating or minimising the exposure of workers to health hazards associated with mining operations at the mine, including the following hazards: i. dust ii. noise iii. hazardous substances iv. contaminants, airborne or otherwise v. ultraviolet and ionising radiation b) The control measures to ensure persons working at the mine are fit to carry out the work without causing a risk to their own or others’ safety, including control measures for minimising the risk that a worker will be impaired by: i. fatigue, or ii. extremes of temperature, or iii. moisture content of air, or iv. intoxication by alcohol or drugs Maintenance of Competency WHS (M&PS) Act and Regs What must a Health Control Plan address? WHS (M&PS) Regs Schedule 2 (1) A health control plan for a mine must address the following: c) the monitoring of the existence of the health hazards associated with mining operations at the mine and the exposure of workers to the hazards, d) the arrangements for monitoring the health of workers at the mine required under the WHS Regulations, Part 4,, e) the management of health records, including first aid records, of workers at the mine. Maintenance of Competency Exp. Act and Regs Who can handle explosives on site? Exp. Regs cl9, cl10 (2) Except as provided by clause 10, a natural person is required to hold a security clearance that is in force to handle any explosive or explosive precursor. A natural person is not required to hold a security clearance to handle explosives or explosive precursors if: (a) the person is handling the explosives or explosive precursors under the immediate supervision of a person who holds a security clearance that is in force, and (b) the person is employed or engaged by, or being instructed in the handling of explosives by, the holder of a licence that authorises the holder to handle the explosives or explosive precursors concerned, and (c) the person is handling the explosives or explosive precursors in the manner authorised by the licence. Maintenance of Competency Exp. Act and Regs What are the notification provisions for explosives? Exp. Regs cl102 (1), cl103 (2) (1) A licence holder must immediately notify each relevant authority if any explosive or explosive precursor in the possession, custody or control of a licence holder: (a) is lost, or (b) is stolen, or (c) is the subject of an attempted theft or any other suspicious incident that threatens the security of the explosive or explosive precursor. (1) A licence holder must give the regulatory authority notice of any serious incident relating to the handling of any explosives or explosive precursors to which the licence relates. Note: The regulatory authority in relation to coal workplaces and mining workplaces is the Secretary of the Department of Planning and Environment. (2) In this clause, serious incident means: (a) an uncontrolled explosion or fire, or (b) an incident resulting in the death of, or serious injury to, a person or substantial damage to property, or (c) any other incident involving risk of an uncontrolled explosion or fire or of any such death, injury or damage. Maintenance of Competency Exp. Act and Regs What are the rules regarding ignition sources and explosives? Exp. Regs cl105 A person must not: a) take any substance or article or thing that might spontaneously ignite or cause fire or explosion into, or within 10 metres of, a place where explosives are handled, or b) smoke or conduct any other activity that may generate an ignition source in, or within 10 metres of, a place where explosives are handled.