Legislation Notes 2023 PDF

**[LEGISLATION NOTES]** **4 -- Meaning of a principal hazard** A **principal hazard** is any activity, process, procedure, plant, structure, substance, situation, or other circumstance relating to the carrying out of mining operations that have a reasonable potential to result in multiple deaths in a single incident or a series of recurring incidents in relation to any of the following -- 1. Ground or strata failure. (20) 2. Inundation or inrush of any substance. (8) 3. Roads or other vehicle operating areas. (8) 4. Fire and explosion. (8) 5. Subsidence. (6) 6. Spontaneous combustion. (4) 7. Air quality or dust or other airborne contaminants. (4) 8. *Gas outbursts.* 9. *Mine shafts and winding systems.* 10. A hazard identified by the mine operator under cl34 of the WHS Regs. Part 3: [Managing Risks] **14 -- management of risks to health and safety** \(1) A PCBU must manage risks to health and safety in accordance with part 3.1 of the WHS Regs. \(2) A PCBU must ensure that a risk assessment is conducted in accordance with this section by a person who is competent to conduct the particular risk assessment having regard to the nature of the hazard. \(3) in conducting a risk assessment, the person must have regard to -- \(a) the nature of the hazard, \(b) the likelihood of the hazard affecting the health and safety of a persons \(c) the severity of the potential health and safety consequences. \(5) a PCBU 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 minimize any risk that was identified through any such risk assessment. \(6) a PCBU is not required to keep a record of a risk assessment if: \(a) a risk assessment is one that an individual worker is required to carry out before commencing a particular task, \(b) the person keeps a record of risk assessments that address the overall activity being undertaken such as a risk assessment carried out in relation to the development of the SMS for the mine or for a PHMP. **15 review of control measures** 1. a PCBU must review, and as necessary revise controls measures implemented under section (5) (B) if: a. an audit on the effectiveness of the SMS for the mine indicates a deficiency in a control measure, b. a worker is moved from a hazard or assigned to different work in response to a recommendation contained in a health monitoring report provided under part 3 c. an incident referred to in clause 124 occurs. d. any other incident occurs that is required to be notified to the regulator under WHS laws. 2. the operator of a mine site must ensure that a control measure that is the subject of a request by a health and safety rep under cl38 of the WHS Regs. Is reviewed and as necessary revised. 16. **-- record of certain reviews of control measures** 1. this section applies to an operator of a mine site who has under cl38 of the WHS Regs. Reviewed a control measure in response to - A notifiable incident An incident referred to in s 124. \(2) the operator must keep a record of: \(a) the causes (or likely causes) of the incident, \(b) the work health and safety matters arising from an incident \(c) recommendations arising from consideration of the incident \(d) the outcomes of any review or revision of any control measures or any part of the SMS \(e) a summary of any changes of the SMS for the mine and any affected PHMP for the mine. \(3) the operator of a mine must if required by notice of writing provide any records to the regulator. Subdivision 2: Safety Management Systems **19 -- contents of a safety management system** [ ] 1. the health and safety policy of the operator of the mine site, including broad aims in relation to the safe operation of the mine site. 2. the arrangments for managing risks in accordance with section 14. 3. the systems, procedures, plans and other control measures that will be used to control risks to health and safety associated with mining operations at the mine site (PHMP, PCP). 4. procedures for the review of control measures. 5. procedures for record management to ensure compliance with WHS laws. 6. the management structure for the management work, health, and safety at the mine site. 7. arrangments in place for the supervision needed to protect workers and other persons at the mine site from risks to their health and safety from work carried out at the mine site. 8. the arrangments in place for all other monitoring and assessment and regular inspection of the working environment at a mine site. 9. arrangments for effective communication of information across shifts by workers, supervisors and other relevant people and the procedures for documenting those communications. 10. arrangements in place for health monitoring. 11. control measures that will be used to control risks to health and safety associated with the contractor's work at a mine site and their interaction with each other. 12. the arrangments in place, between any PCBU at the mine site, for consultation, co-operation, and the coordination of activities in relation to compliance with their duties under WH&S laws. 13. arrangments for the provision of information, training, and instruction required under cl39of the WHS Regs. 14. the induction procedures for workers at the mine site 15. the consultation and safety role for workers. 16. the emergency procedure and all other matters in the emergency plan for the mine site. 17. the procedures and conditions under which persons at the mine site or part of the mine site are to be withdrawn to a place of safety and to remain withdrawn as a precautionary measure where a health and safety warrants that withdrawal. 18. procedures for notifiable incident response and investigations. 19. procedure for the response to and investigation of incidents under S124. 20. the performance standards under section 20. 21. the resources that will be applied for the effective implementation and use of the SMS. SMS document must -- A. contain a level of detail of the matters referred to in subclause 1 that is appropriate to the mine site, having regard to: i. the nature, complexity, and location of the mining operations. ii. the risks associated with those operations. B. so far as reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it 20 performance standards and audit. SMS for a mine site must include the following -- \~ performance standards for measuring the effectiveness of all aspects of the SMS that: Sufficiently detailed to show how the operator will ensure the effectiveness of the SMS. Steps to be taken to continually improve the SMS. \~ the way in which the performance standards are to be met. \~ a system for auditing the effectiveness of the SMS for the mine site against the performance standards. Including the methods, frequency, and results of the audit process. 22 review of the SMS 1. reviewed within 12 months of the commencement of the mining operations at the mine site and at least once every 3 years after that to ensure it remains effective. 2. if a control measure is revised under cl38 of the WHS Regs or section 15 of M&P Regs, the operator must ensure that the SMS for the mine site is reviewed and as necessary revised to all aspects of risk control addressed by the revised control measure. Subdivision 3: Provision of Information 23 duties to provide information to operator of adjoining mine site. 1. must on request, provide to the operator of any adjoining mine site any information that the operator has about conditions at the mine site or any activities or proposed activities at the mine site that could create a risk to the health and safety of persons at the adjoining mine site. 2. applies to survey plans and mine site plans. 24 duties on operator to provide information to contractor The operator of a mine site must ensure a contractor who is to carry out mining operations is given all relevant information and access to the mine site it to enable the contractor to identify risks associated with the proposed operations. 25 Duty on contractor to provide information to operator A contractor who is to carry out mining operations at a mine site must ensure the operator is given all relevant information to enable the operator to identify risks associated with the proposed operations. 26 contractors to prepare plan or use SMS. 1. A contractor must not carry out mining operations at a mine site unless the contractor has - a. Prepared a plan (A contractor health and safety management plan). b. provided a copy of the plan to the operator. c. Obtained a written notice from the operator that the operator has reviewed the plan and reasonably believes the plan is consistent with the SMS for the mine site. d. As far as reasonably practicable, implemented the plan. 2. Subsection one does not apply if the contractor has- e. reviewed the SMS for the mine site. f. given the operator written notice that- i. the contractor has conducted the review. ii. The contractor reasonably believes the SMS is consistent with the contractors' arrangements to manage the risks to health and safety from mining operations carried out by the contractor at the mine. 3. A contractor health and safety management plan must- g. Set out how the contractor will manage the risks to health and safety for mining operations carried out by the contractor at the mine site in accordance with section 14 and other requirements under the WHS laws. h. Be designed to be used by the contractor as the primary means of -- iii. ensuring the health and safety of the contractors' workers. iv. ensuring the health and safety of other persons is not put at risk from work carried out as part of the contractors business or undertaking at them on site. i. Be documented. j. Be set out and expressed in a way that is readily understandable by persons who use it. **[Division 2: Principle hazard and control plan & PCP]** 27 Identification of principle hazards and conduct of risk assessments. 1. the operator of a mine site must identify all principal hazards associated with mining operations at the mine site. 2. the operator must conduct, in relation to each principal hazard identified, a risk assessment that involves a comprehensive and systematic and analysis of all aspects of risk to health and safety associated with the principal hazard. 3. the operator, in conducting a risk assessment under subclause 2 must -- a. Use investigation and analysis methods that are appropriate to the principal hazard identified. b. Consider the principal hazard individually and cumulatively with other hazards at the mine site. 28 preparation of principle hazard management plan. 1. the operator of a mine site must prepare a PHMP for each principal hazard associated with mining operations at the mine site in accordance with this clause and schedule 1. 2. A PHMP MUST -- a. provide for the management of all aspects of risk control in relation to the principal hazard, b. be set out and expressed in a way that is readily understandable by persons who use it. 3. A PHMP MUST -- c. describe the nature of the principal hazard to which the plan relates, d. describe how the principal hazard relates to other hazards associated with mining operations at the mine site, e. describe the analysis methods used in identifying the principal hazard to which the plan relates. f. include a record of the most recent risk assessment conducted in relation to the principal hazard, g. describe the investigation and analysis methods used in determining the control measures to be implemented, h. describe all control measures to be implemented to manage risks to health and safety associated with the principal hazard, i. describe the arrangements in place for providing the information, training and instruction required by cl39 of the WHS Regs in relation to the principal hazard, j. refer to any design principles, engineering standards and technical standards relied on for control measures for the principal hazard, k. set out the reasons for adopting or rejecting each control measure considered. 4. the operator of a mine site must consider the following when preparing a PHMP for a principal hazard at the mine site -- l. the matters set out in schedule 1 in respect to the principal hazard, m. any other matter relevant to managing risks associated with the principal hazard at the mine site. 5. the operator of a mine site at which there is a principal hazard must ensure that no mining operations are carried out at the mine site that may give rise to the hazard before the PHMP for the hazard has been prepared in accordance with this clause. **[Schedule 1: PHMP Principle hazard management plan -- additional matters to be considered ]** [ ] [ ] **1 ground or strata failure** **Geology & Geotech** 1. Local geological structure. 2. Geotechnical Characteristics of the rock and soil. 3. Timing of installation of ground and strata support. 4. The collection, analysis, and interpretation of relevant geotechnical data. 5. Stability of any slopes. 6. Design, installation and quality of rock support and reinforcements. 7. The size and geometry of the mine's openings. 8. Ground and strata control monitoring. 9. The risk of rock, coal, or related pressure bursts. **Water** 1. Local hydrogeological environment. 2. Means by which water may enter the mine, and procedures for removing the water. **Blasting** 1. any natural or induced seismic activity. 2. Equipment and procedures used to record, interpret and analysis data from monitoring of seismic activity. 3. proposed blasting activities. **Mine Design & Operations** 1. Location and loading from existing or proposed mine dumps, stockpiles, infrastructure, etc. 2. Design, layout, operation, construction and maintenance of any dump, stockpile, or emplacement areas at the mine. 3. Previously excavated or abandoned workings. 4. proposed and existing mine operations. 5. Filling requirements for mined areas. 6. Equipment and procedures for scaling. **2 Inundation or inrush of any substance (8)** 1. Potential sources of inundation. 2. Potential sources of inrush. 3. Location, design and construction of dams and emplacement areas and any other bodies of water or material that could enter the mine. 4. Location of other workings and strength of ground between those workings. 5. Potential for accumulation of water, gas or other substances or materials. 6. Magnitude of all potential sources and maximum flow rates. 7. Worst possible health and safety consequences of each potential source. 8. Survey plans of the mine. **3B Spontaneous combustion (4)** 1. The potential for spontaneous combustion to occur in the material being mined (including history of the mine, adjacent or previous mining operations in the same seam, scientific testing). 2. Design of the mine. 3. The impact of gas generated by spontaneous combustion. 4. Mine ventilation practices. **3C Subsidence (6)** 1. Characteristics of all relevant surface and subsurface features. 2. Characteristics of all relevant geological, hydrogeological, hydrological, geotechnical, topographic, and climatic conditions. 3. Previously excavated or abandoned workings that may interact with any proposed or existing mine workings. 4. Existence, distribution, geometry, and stability of significant voids that may interact with any proposed or existing mine workings. 5. The predicted and actual nature, magnitude, distribution, timing, and duration of subsidence. 6. The rate method, layout, schedule, and sequence of mining operations. **4 Roads or other vehicle operating areas (8)** 1. The characteristics of all mobile plant. 2. The effect on road conditions of expected environmental conditions during operating periods, 3. The impact of road design and characteristics. 4. The impact of mine design. 5. The volume and speed of traffic and the potential for interactions. 6. Interactions between mobile plant and pedestrians. 7. Interactions between mobile plant and public traffic. 8. Interactions between mobile plant and fixed structures. **5 Air quality or dust or other airborne contaminants (4)** 1. The types of dust and other chemical and biological contaminants in the air. 2. The levels of oxygen, dust, and other contaminants in the air. 3. The temperature and humidity of the air. 4. The length of exposure. **6 fire or explosion (8)** 1. The potential sources of flammable, combustible and explosive substances and materials. 2. The potential sources of ignition, fire, or explosion. 3. The potential for propagation of fire or explosion to other parts of the mine. 4. The potential sources of flammable material with a flash point of less than 61 degrees Celsius. 5. The management and control of the transport and storage of combustible liquids. 6. Arrangments for the prevention of fires (detection and suppression systems) 7. The equipment for fighting fire at the mine site. 8. *For underground mine -- arrangements for the management and control of volatile or hazardous material*. (A PHMP that addresses fire or explosion must include details of procedures to be used for carrying out hot work at the mine site) 29 review of principal hazard management plan. 1\) the operator of a mine site must ensure that a PHMP is reviewed and as necessary revised if a control measure specified in the plan is revised under cl38 of the WHS Regs or cl10 the M&P Regs. 2\) if a PHMP is revised, the operator must record the revisions, including any revision of the risk assessment, in writing the plan. 30 Principal Control Plans. 1. the operator of a mine site must comply with the requirements of this clause and schedule 2 with respect to the principal control plan. 2. A principal control plan must -- a. be documented. b. be set out and expressed in a way that is readily understandable by persons who use it. 3. **Health control plan** set out how the operator will manage the risks associated with mining operations at the mine site in accordance with section 14. 4. **Mechanical engineering plan** the operator of a mine site which there is a risk to health and safety associated with the mechanical aspects of plant and structures at the mine site c. must prepare and implement a mechanical engineering control plan for the mine site that sets out how the operator will manage those risks in accordance with section 14 d. Ensure the plan is developed and periodically reviewed by a person who is or is under the supervision of -- i. the individual nominated to exercise the statutory function of mechanical engineering manager Who mechanical engineer. ii. if no person is required to hold either of the positions - a competent person. 5. **Electrical engineering control plan** the operator of a mine site which there is a risk to health and safety associated with electricity at the mine site must - e. prepare and implement an electrical engineering control plan for the mine site that sets out how the operator will manage those risks in accordance with section 14. iii. the individual nominated to exercise the statutory function of electrical engineering manager or electrical engineer. f. if no person is required to hold either of the positions - a competent person. 6. **Explosives control plan** the operator of a mine site at which there is a risk to health and safety associated with explosives and explosive precursors at the mine site must prepare an explosives control plan for the mine site that sets out how the operator will manage those risks in accordance with section 14. **[Schedule 2: PCP - principle control plan -- matters to be addressed]** **1 health control plan** - The control measures for eliminating or minimizing the exposure of workers to health hazards associated with mining operations. - The control measures to ensure that persons working at the mine site are fit to carry out that work without causing a risk to their own or others safety. - The monitoring of the existence of the health hazards associated with mining operations and the exposure of workers to those hazards. - The arrangments for monitoring the health of workers. - The management of health records of workers. **2 Mechanical engineering control plan** In preparing a mechanical engineering control plan the following must be considered - The overall lifecycle of plant and structures. - The reliability of safeguards used to protect persons from the hazards posed by the plant or structure. - The mechanical engineering practices to be employed at the mine. - The competency required by workers. A mechanical engineering control plan must set out the control measures for the following risks - Injury to persons caused by the operation of plant or by working on plant or structures. - The unintended initiation of explosions. - The unintended operation of plant. - The unintended release of mechanical energy. - The catastrophic failure of plant or structures. - Uncontrolled fires being initiated or fueled by plant. - The exposure of persons to toxic or harmful substances. The following matters must be considered when developing a control measure - The acquisition and operation of any plant or structure to ensure that it is fit for purpose. - The installation, commissioning, operation, maintenance, repair and alteration of plant or structures. - The introduction of plant or structure to site. - Safe work systems for persons dealing with plant or structure. - The inspection and testing of plant and structures. - The identification, assessment, management, and rectification of defects that affect the safety of plant or structures. - The risks associated with diesel engines. - The risks associated with plant equipment. - The risks associated with pressurized fluids. - The risks associated with the transfer and storage of combustible liquids and other hazardous materials associated with the use of plant or structures. - The prevention, detection, and suppression of fires on mobile plant and conveyors. - The provision of operator protective devices on mobile plant. - The maintenance of explosion-protected plant in an explosion-protected state. - Undertaking hot work. (In respect to conveyor belts) - Risks associated with belt conveyors. - The protection of persons near or travelling under a belt conveyor from being struck by falling objects. - Risks arising from starting belt conveyors. - The interaction of persons and conveyor belts **3 Electrical engineering control plan** In preparing an electrical control plan the following must be considered - The overall lifecycle of electrical aspects of plant and electrical installations. - The reliability of electrical safeguards used to protect persons from electrical or other hazards. - The electrical engineering and electrical work practices to be employed at the mine site. - The competency required by workers. An electrical engineering control plan must set out the control measures for the following risks - Injury to persons caused by direct or indirect contract with electricity. - Injury to persons caused by workings on electrical plant or installations. - The unintended initiation of gas or dust explosions. - The unintended operation of plant. - The occurrence of uncontrolled fires. The following matters must be considered when developing a control measure. - The location of electrical plant and installations. - The rating and design of plant (fault levels, electrical loads, operating frequency, operating voltages, and arc fault control). - The design and operation of electrical plant that contains flammable liquid. - The carrying out of the selection, installation and use of electrical cables and accessories at the mine site. - The control of static electricity at the mine site. - The impact of lightening on the mine site. - The type of earthing systems used. - The potential for persons to contact electricity indirectly. - The prospective touch, step, and transfer voltage. - Variations in operating conditions. - Preventing persons inadvertently contacting energized parts of electrical plant and installations. - The consultation, co-operation, and co-ordination of activities between PCBU at the mine site and electrical supply authorities. - Procedures for the use of electrical welding equipment or electrical testing equipment, working near overhead power lines or cables, the treatment of electrical shock or electric burns, accessing or working on high voltage. - Signage and notices. - The security and maintenance of the electrical control system software and control circuits. - The use of lasers and fiber optic equipment. - The construction, installation and maintenance of battery powered vehicles and battery charging stations. - The supply of electricity in hazardous atmospheres. - Safe work systems for persons dealing with electrical plant and installations. (Isolation dissipation, control). - The use of switchgear and electrical protection devices. **4 explosives control plan** An explosives control plan must set out the control measures for - The potential for unintended or uncontrolled detonation of explosives. - The characteristics of the explosives and the purpose for which they are to be used. - Characteristics of the places in which the explosives are to be used. - The full set of phases for the use of relevant explosives (e.g., Charging and firing phases) - The potential for explosives to deteriorate. - The potential of theft or misuse of explosives. - The potential of fly rock following detonation of an explosive. An explosives control plan must also set out the following - Procedures for inspecting, reporting, isolating, and disposing of deteriorated or damaged explosives. - Procedures for finding, recovering and disposal of explosives that misfire. - The inspection, testing, reporting, and maintenance procedures relating to equipment used at a mine site. - Procedures and equipment used in storing and transporting explosives at a mine site. - Procedures used for the accounting of explosives at a mine site. - The arrangments for the keeping of a register identifying persons who are licensed to transport, use, store, or handle explosives at a mine site. - The procedures for ensuring that any person transporting, using, storing, or handling explosives at the mine site has any license necessary. - The procedures in relation to consultation and co-operation to ensure that any transportation, use, storage, handling of explosives at the mine site in conducted safely and in accordance with any condition attached to the license under which it takes place. **Note;** explosives include explosive precursors. **[Division 3: Specific Control Measures for all mine sites.]** Subdivision 1: Operational controls. 31 communications between outgoing and incoming shifts a. the supervisor of each outgoing shift provides a written report to the supervisor of the incoming shift, in relation to the state of workings at the mine site and plant and any other matter that relates to work health and safety, b. the supervisor of the outgoing shift acknowledges in writing to the supervisor of the incoming shift the accuracy of the report and signs the acknowledgment. c. the supervisor of the incoming shift communicates the content of the report to the workers on the incoming shift, d. the supervisor of the incoming shift acknowledges in writing to the supervisor of the outgoing shift that the content of the report has been communicated to the workers on the incoming shift and the supervisor of the incoming shift signs the acknowledgment. 32 Movement of mobile plant In managing risks to health and safety associated with the movement of mobile plant at the mine site, the operator must have regard to all relevant matters including the following -- 1. the design, layout, construction, and maintenance of all roads and other areas at the mine site used by mobile plant (including the drainage systems for any such road or area). 2. any risks associated with the terrain or nature of any land adjacent to any such road or area. 3. interactions between mobile plant, especially between large and small mobile plant. 4. interactions between mobile plant and fixed structures. 5. interactions between mobile plant and pedestrians. 6. the operation of remotely controlled mobile plant. 7. the maintenance, testing and inspection of brakes, steering, lights, and other safety features of the mobile plant. 33 explosives and explosive precursors In managing risks to health and safety associated with explosives and explosive precursors at the mine site, the operator must -- 1. ensure that explosives and explosive precursors to be used at the mine site are safe to handle, 2. fit for their intended use, 3. as insensitive as is reasonably practicable to shock, sparks, friction, and the environment in which they will be stored, transported, and used 4. so far as is reasonably practicable, simple to store, use, transport, and control, \~ ensure that any dealings with an explosive or explosive precursor at a mine site follows the *explosives act 2003* and the Australian standards AS2187 *explosives -- storage, transport and use.* 34 Electrical safety In managing risks to health and safety associated with electricity at the mine site the operator must ensure -- 1. electrical installation work is carried out in accordance with the wiring rules, 2. before a circuit is first energized at a mine site, or first energized following the circuit being recommissioned. a. The circuit is tested in accordance with the wiring rules by a competent person, b. There is a process in place whereby the operator (or statutory person) can be adequately notified about that testing as soon as is reasonably practicably after the testing occurs. 3. adequately rated switchgear is provided that permits power to be safely switched off and safely restored and that does not permit automatic restoration of power if there is a risk of electric shock, fire, explosion, or unplanned operation of plant, 4. arrangments are in place for switching the power off or restoring power as part of normal operations in the event of a fault or an emergency, 5. that, for electrical plant at a mine site other than plant connected and near a wall socket with a switch - c. An isolation facility is provided, d. The electrical plant is clearly identified as being isolated from electricity by the facility, e. The facility is clearly identified as the isolator for the electrical plant, f. Persons required to work with the electrical plant are competent in the correct use of the facility, 6. plans of the electrical installations at the mine site showing the following matters are kept and maintained as required and are easily accessible by each worker required to access them -- g. Location of each main reticulation line, h. Location of all high voltage cables, aerials, and switchgear, i. The location, rating, identifying label and purpose of each main isolator, substation, and high voltage switchboard, j. Any information required to perform switching programs, k. The location of all known buried electrical services at the mine site, l. The general location of each item of high voltage mobile plant supplied with electricity by a trailing cable. 7. arrangments are in place so that mobile electrical plant fed by a flexible reeling or trailing cable -- m. Is not connected to power if there is an earth fault in the cable, n. Has its power interrupted automatically if the continuity of the connection to earth is interrupted? 8. mains powered handheld electrical equipment used at a mine site operates at no more than 250 Volts and has an earth leakage of not more than 30 milliamperes sensitivity, 9. that an effective earth system is provided at the mine site to minimize, so far as reasonably practicable -- o. Touch, transfer, and step potential, p. The effects of lightening causing ignition of methane, the ignition of explosives or detonators or the creation of dangerous touch voltages, 10. that all electrical installations have a continuous and effective connection to earth systems 11. that all isolated circuits comply with section 7.4 of the wiring rules. 12. that reliability of any electrical safeguards provided to control risks from both electrical and non-electrical hazards is sufficient for the level of risk being controlled, 13. short circuit protection and over current protection is provided on all circuits, 14. that, except for circuits that are isolated from earth, or that have a supply voltage that is extra low voltage - q. earth leakage protection is provided on sub-circuits r. Earth fault protection is provided on all distribution and control circuits. 35 Notification of high-risk activities Operator of a mine site must ensure that a high-risk activity identified in schedule 3 and that applies to the mine site pursuant to that schedule is not carried out at or in relation to the mine site unless -- - The operator has given notice of the activity to the regulator. - The waiting period has elapsed, being the waiting period specified in schedule 3 in relation to the activity, subject to any waiver or reduction of that period under subclause 6 or any extension of that period under subclause 7. - The activity is carried out in the manner specified in the notice. The notice is to be given in the manner and form approved by the regulator and must include the following. - The nature of the proposed high-risk activity (including how the activity is to be carried out). - Commencement date for the activity. - Location of the activity. - Any information or documents required by schedule 3 in relation to the activity - Hazards identified as having the potential to arise from the activity - Risk assessments associated with the activity - Relevant parts of the SMS for the mine site that describe the systems, procedures, plans, and other control measures that will be used to control risks to health and safety associated with carrying out of the activity. Must ensure that a copy of any notice given to the regulator under this clause is also given to an industry safety and health rep and any site safety and health rep for the mine site. The regulator may inform the operator in writing that the notice is inadequate and that the notice must be resubmitted before the high-risk activity can be take place. In such case the notice is taken not to be given. The regulator may waive or reduce the waiting period in relation to a particular high-risk activity (only if the safety and health rep who has been notified of the activity is consulted with as well) Notice given to the regulator may be amended by the operator giving further written notice.it does not cause the waiting period to start again however the regulator may extend the waiting period by a reasonable time to allow the regulator time to consider the notice as amended. Schedule 3: High Risk Activities Electrical work on energized electrical equipment 1. Electrical work on energised electrical equipment is identified as a high-risk activity (but not if the electrical work is testing whether or not the equipment is energised). 2. The waiting period for the activity is 7 days. 3. no additional information or documents are required to be provided. Highwall mining, entry of persons. \(1) The entry of a person into a mining excavation where mining operations (that would be classified as highwall mining if the person were not there) is taking place is identified as a high-risk activity. \(2) The waiting period for the activity is 7 days. \(3) The information and documents that must be provided in relation to the activity are as follows--- (a) details of the competency of the person appointed to control the mining operation while the person is inside the mining excavation, \(b) details of the competency of the person entering the mining excavation, \(c) details of self-rescue equipment to be carried by the person entering the mining excavation, \(d) details of the time period for which the person will be in the mining excavation including the time of first entry of persons into the excavation to the time of final departure of persons from the excavation, \(e) confirmation that the direct supervision of any person within the mining excavation will be undertaken by an individual nominated to exercise the statutory function of deputy at the mine. Emplacement Areas. \(1) The establishment, operation, alteration or decommissioning of an emplacement area is identified as a high-risk activity. \(2) The waiting period for the activity is 3 months. \(3) The information and documents that must be provided in relation to the activity are as follows--- A. an overview of the life cycle of the emplacement area, including time frames for each stage of that life cycle, the design and construction of the emplacement area, any reject at the emplacement area, the transport of reject to or from the emplacement area, the treatment of reject at the emplacement area, inspections of the emplacement area and details of any decommissioning of the emplacement area, B. dam break studies, C. details of the ongoing monitoring of the emplacement area, D. engineering reports of the emplacement area showing all existing and proposed emplacement areas and the geotechnical design of those areas, endorsed by the individual nominated to exercise the statutory function of mining engineering manager at the mine, E. survey plans of the emplacement area showing all existing and proposed emplacement areas at the mine, endorsed by an individual nominated to exercise the statutory function of mining surveyor at the mine. Highwall Mining. \(1) Highwall mining is identified as a high-risk activity. \(2) The waiting period for the activity is 1 month. \(3) The information and documents that must be provided in relation to the activity are as follows--- A. an engineering drawing detailing the activity and endorsed by the individual nominated to exercise the statutory function of mining engineering manager at the mine, B. a plan of the activity certified by an individual nominated to exercise the statutory function of mining surveyor at the mine, C. information on how the risks to the health and safety of workers and other persons from subsidence caused by the activity will be managed. Barrier Mining. barrier mining means extraction or drilling activities taking place--- A. within 20 metres of any external boundary of the tenement, or B. within 20 metres of any adjacent mine, 1. Barrier mining is identified as a high-risk activity. 2. The waiting period for the activity is 3 months. 3. The information and documents that must be provided in relation to the activity are as follows--- A. details of how risks from the activity will be managed, B. survey plans certified by an individual nominated to exercise the statutory function of mining surveyor at the mine. 36 Prohibited items and substances. The operator of a mine or petroleum site must take all reasonable steps to ensure an item or substance specified in Schedule 4 is not used in a place or for a purpose that is prohibited or restricted as set out in that Schedule. Schedule 4: Prohibited items and substances. Ignition sources 1. Ignition sources (such as lighters, matches and naked flames) must not be used as follows--- A. by a person at any mine or petroleum site, while the person is--- - carrying, handling, or using any explosive or initiating system, or - within 8 metres of any explosive or initiating system, B. at a work area at a mine or petroleum site while solvents are being used, or flammable vapours are present, at that work area. C. At a work are at a mine site while solvents are being used, or flammable vapours are present, at the work area. Explosives 1. The following must not be used at a mine or petroleum site except for the purposes of shotfiring--- A. Explosives B. detonators, C. explosives testing equipment D. exploders. 37 Closure, suspension, or abandonment of a mine site If the operator of a mine site closes the site or suspends activities, the operator must ensure that the site is safe, secure against unauthorized entry by any person. The operator of a mine must not abandon the site. 38 minimum age to work at a mine site The mine operator of a mine site must ensure that a person under the age of 16 is not engaged to carry out any work in respect to mining operations. 39 Inspections The mine operator must ensure that arrangments are in place for the regular inspection of the working environment of the mine for the purposes of the WHS laws. The following considered - procedures for conducting inspections. - When inspections are to be carried out. - The person competent to carry out inspections. - The number of competent persons required to conduct each inspection. Subdivision 2: Air Quality and monitoring 40 temperature and moisture content of air In complying with section 14 the operator of a mine site must manage risks to health and safety associated with extremes of either or both the temperature and moisture of content of air. 41 ensuring exposure standards for dust and diesel particulate matter not exceeded The operator of a mine site must ensure no person is exposed to 8-hour time weighted average atmospheric concentrations of airborne dust and diesel particulate matter that exceed. - **Respirable dust --**1.5 milligram per cubic meter of air. (Coal mines) - **Inhalable dust --** 10 milligram per cubic meter of air. - **Diesel particulate --** 0.1 milligram per cubic meter of air (measured as sub-micron elemental carbon) 42 Monitoring exposure to airborne dust and diesel particulate matter and carbon dioxide. The WHS Regs., cl50 applies to -- A. The operator of a mine site in relation to airborne dust and diesel particulate matter as if the concentrations referred to in section 41 (1) were exposure standards to which the WHS Regs. Cl50 applies. 43 Use of air monitoring devices. The operator of a mine site who uses air monitoring devices to comply with air monitoring requirements must ensure that. - The devices are suitable and effective having regard to the nature of the monitoring carried out and the substance being monitored. - The devices are positioned to ensure that they work to best effect. 44 Use of air monitoring signage The operator of a mine site, in complying with air monitoring requirements must ensure that signs are erected at the mine site that explain. - The meaning of any warning produced by an air monitoring device. - What persons must do in response to the warning. Subdivision 3: fitness for work. 45 fatigue, alcohol, and drugs The operator of a mine site must manage risks to health and safety associated with - Worker fatigue - Consumption of alcohol by workers - The use of drugs by workers. **[Division 4: Specific control measures for all mines.]** 46 operation of belt conveyors In managing risks to health and safety associated with the operation of conveyor belts at a mine site the mine operator must - Ensure all belt conveyors are fitted with an emergency stop system. - Have regard to all risks associated with the operation of belt conveyors. - Must ensure that all belt conveyors are regularly inspected by a competent person. 47 mining induced seismic activity. In managing risks to health and safety associated with mining induced seismic activity at the mine the operator must - Ensure that appropriate equipment and procedures are used to provide for the monitoring, recording, interpretation, and analysis of data relating to mining induced seismic activity and the behavior of the mine in respect of that activity. Commensurate with the level of risk - Adopt an effective seismic monitoring plan which contains trigger or action points to ensure that actions or procedures are undertaken on the occurrence of certain criteria specified in the plan. - Ensure that the design of the mine mitigates the damage arising from the sudden release of energy from the buildup of mining induced stresses. - That geotechnical engineered ground support systems are installed, and those systems consider the following i\) The intended life of the mine. ii\) The mining induced stress changes and potential cycles of loading and unloading. iii\) Blast vibrations during development mining and from surrounding stopes. iv\) The potential impact of voids and the management of voids. v\) The tolerance of stability problems and rehabilitation. vi\) the potential for rock burst, - That the ground support system is designed to contain events that have already been recorded or expected by appropriate modelling, allowing for an appropriate factor of safety, - Mining by remote methods is implemented when mining areas at risk of high or unpredictable mining induced seismic activity. - Ensure that mine design, mining methods and sequences, ground support design and assumptions and modelling are documented and reviewed on an on-going basis and where necessary, revised. **[Division 6: other specific control measures.]** 88 Inspection Plan 2 - The mine operator of a coal mine must ensure that as part of the inspection plan for the mine--- A. the mine is divided into inspection areas, each being an area of a size no larger than that which can be reasonably inspected by a competent person within the time allocated to that person, and B. a production area is identified in respect of each area of the mine at which coal or mineral is extracted that includes---areas where drilling is carried out, or where haul roads, dumps or stockpiles are being used, and C. any boundary of a production area that crosses a roadway on which persons normally travel is clearly marked as such. 3 - The mine operator of a coal mine must ensure that the inspection plan for the mine makes provision for the following--- A. how any concerns raised around the size of production areas, and the ability of those responsible to adequately perform required inspections, are to be resolved, B. how a concern arising from an inspection (a safety concern) is to be brought to the attention of--- - persons whose health or safety may be affected, and - the relevant manager (being the person within the management structure of the mine whose area of responsibility and accountability includes the subject matter of the safety concern), C. how a senior manager (being a person more senior in the management structure of the mine than the relevant manager) is to be notified of the remedial action taken (or not taken) by the relevant manager following a safety concern being raised, D. how concerns are to 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, E. the recording of the results of inspections carried out under the plan, F. 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. 6 - Inspections may be required more frequently than specified 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 is to be carried out by--- A. a mining supervisor at the mine, or B. in any other case---a competent person. 9 - The mine operator of a coal mine must ensure that no person enters a production area after the regular routine of inspections for that area have been interrupted until the production area has been inspected in accordance with this clause. 11 - The mine operator of a coal mine must ensure that workers at the mine are permitted to examine any place where they will work for risks prior to commencing work and during the course of their work 89 Sampling and analysis of airborne dust The mine operator of a coal mine must ensure that sampling and analysis of airborne dust at the mine is carried out by a person who is independent of mining operations at the mine--- A. in accordance with Schedule 6, and B. at other times as necessary. Schedule 6: Sampling airborne dust at coal mines. **[Part 1 Preliminary]** 1 Definitions ***breathing zone***, in respect of a person, means an imaginary hemisphere that extends in front of the person's face having a radius of 300 millimetres centred at the midpoint between the person's ears. ***production shift***, at a mine, means a shift at which extraction is carried out at the mine. ***sample of inhalable dust*** means a sample of airborne dust taken to determine the inhalable dust component. ***sample of respirable dust*** means a sample of airborne dust taken to determine the respirable dust component (including respirable quartz). 2 Sampling and analysis -- general requirements 1. Samples must be taken under, and in accordance with, a licence under this regulation, part 10. 2. Samples must, as far as reasonably practicable, be taken from the start of a shift to the end of the shift. 3. Samples must be taken over a period that is equivalent of 80% of the total period of the shift. 4. Samples must be taken from as close as is reasonably practicable to places where persons work. 5. Samples taken for a person carrying out particular work must be taken, as far as reasonably practicable, from a person who carries out that same work for the whole shift or sampling period. 6. Samples must be analysed as soon as is reasonably practicable after they are taken and if a sample was taken incorrectly, it must be taken again. 7. Samples of respirable dust are to be taken and analysed in accordance with Australian Standard AS 2985--2009, *Workplace atmospheres---Method for sampling and gravimetric determination of respirable dust.* 8. Samples of inhalable dust are to be taken and analysed in accordance with Australian Standard AS 3640--2009, *Workplace atmospheres---Method for sampling and gravimetric determination of inhalable dust.* 9. Analysis of the level of respirable quartz in airborne dust is required for each sample taken. **[Part 7 other coal mines -- sampling]** 7 other areas 1. Samples are to be taken in each part of a coal mine (other than an underground coal mine) where dust is, or may be, present, including from the breathing zone of at least 5 persons. 2. In the case of samples taken where extraction is occurring, the persons referred to in subclause (1) are to include, so far as is reasonably practicable--- A. at person who is working as a drill operator, shotfirer or stemmer, and B. at person who is operating mobile plant. 90 Ventilation and belt conveyor components to be FRAS (fire resistant anti-static). 1. This clause applies to the following items of plant--- A. any component of the ventilation system of an underground coal mine, B. conveyor belting and conveyor accessories used at an underground coal mine or in a reclaim tunnel at a coal mine. 2. The regulator may, by notice published in the Gazette, identify an item of plant to which this clause applies and specify the testing and certification process for determining whether the item of plant is fire resistant anti-static (FRAS). 3. The mine operator of a coal mine must ensure that an item of plant specified in a notice under this clause is not used at the mine unless it has been tested and certified in accordance with the notice. **[Division 7: Emergency Management]** Subdivision 1: Emergency Plans 1. 91 duty to prepare emergency plan The emergency plan must n. Address all aspects of emergency response, including by ensuring i. the establishment of a system the enables all persons at the mine site to be promptly located. ii. The provision of adequate rescue equipment. iii. That an adequate number of persons trained in the use of rescue equipment are available to respond effectively to an emergency. iv. The provision for adequate patient transport. v. The provision of appropriate transportation (or suitable means of exit by walking) for persons at risk in the case of an emergency to a place of safety including during an emergency evacuation. o. Include a statement of potential triggers for the activation of the plan. p. Include all matters specified in schedule 7 q. Be set out in a way that is readily understandable by persons who use it. The emergency plan for a mine site must contain an appropriate level of detail having regard to all relevant matters including - The nature, complexity, and location of the mining operations. - The risks associated with those operations. Schedule 7: Matters to be included in emergency plan 1 Site and hazard detail 1. The location of the mine, including its street address and the nearest intersection (if any). 2. the current mine survey plan or mine plan required under Part 5. 3. a brief description of the nature of the mine and mining operations. 4. The maximum number of persons, including workers, likely to be present at the mine or petroleum site on a normal working day. 5. The emergency response control planning assumptions for different emergencies, and likely areas affected. 6. The protective resources available to control an incident that could result in an emergency. 7. The emergency response procedures, including procedures for isolating areas of the mine site in an emergency. 8. The infrastructure likely to be affected by an emergency. 2 Command structure and site personnel 1. The command philosophy and structure to be activated in an emergency, so that it is clear what actions will be taken, who will take these actions and how, when and where they will be taken. 2. Details of the person who can clarify the content of the emergency response control plan if necessary. 3. The contact details of, and the way to contact, the persons at the mine site responsible for liaising with emergency services. 4. A list of 24-hour emergency contacts. 5. Arrangements for assisting emergency services. 3 Notifications 1. In the event of the occurrence of a notifiable incident or an event that could reasonably be expected to lead to a notifiable incident, procedures for notifying--- A. any person whose health or safety may be affected, even if--- - the person is located underground, or - there is no electrical power that can be used for the notification, and B. the emergency services in circumstances where emergency services are required. 2. On-site and off-site warning systems. 3. Contact details for emergency services and other support services that can assist in providing resources and implementing evacuation plans in an emergency. 4. On-site communication systems. 4 Resources and equipment 1. On-site emergency resources, including--- A. first aid equipment, facilities, services and personnel, and B. emergency equipment and personnel, including adequate and compatible firefighting equipment such as foam generators, and C. gas detectors, wind velocity detectors, sand, lime, neutralising agents, absorbents, spill bins and decontamination equipment, where applicable. 2. Off-site emergency resources, including arrangements for obtaining additional external resources (specific to the likely incidents), including mines rescue services, as necessary. 3. For a mine, arrangements for mines rescue that state the following--- A. the minimum mines rescue training to be provided, B. any arrangements for the mine operator and mine operators of mines in the vicinity to assist each other in an emergency, C. how inertisation equipment is to be used, D. the procedures to be followed in carrying out mines rescue. 5 Procedures 1. Procedures for the safe evacuation of, and accounting for, all persons at the mine site. 2. Procedures and control points for utilities, including gas, water, and electricity. 3. Procedures for fighting fires at the mine or petroleum site and details of the persons having the competency to fight fires and to train others in firefighting. 4. procedures for safely inserting inertisation equipment. 92 consultation in preparation of emergency plan 1. In preparing an emergency plan, the mine operator must consult with a. The primary emergency services with responsibility for the area in which the mine is located. b. Any other emergency service organization that may be required to participate in implementing the emergency plan, including NSW mines rescue brigade established under the coal industry act 2001. c. In relation to a principal hazard that may affect a person in the area surround the mine site, the local authority for the local authority area in which the mine is located (local government area/ council) 2. The mine operator must ensure that the emergency plan addresses any recommendation made by the emergency service organization consulted, in relation to a. The testing of the emergency plan, including the way in which it will be tested, the frequency of testing and whether the emergency service organization will participate in the testing. b. What incidents or events at the mine should be notified to the emergency service organization? 3. The mine operator must have regard to other recommendations or advice given by a person consulted under subsection (1). 93 Implementation of emergency plan. The operator of a mine site must immediately implement the emergency plan for the mine site in the event of an emergency. 94 copies to be kept and provided The operator of a mine site must keep a copy of the emergency plan and ensure that a copy is available on request to any emergency service organization consulted section 92. 95 Resources for emergency plan The operator of a mine site must ensure that a. all resources, including rescue equipment, specified in the emergency plan for the mine site are provided in accordance with the plan. b. All resources required for the effective implementation of the emergency plan are provided. c. All plant and equipment, including communication systems and rescue equipment, specified in the emergency plan is regularly inspected and maintained in good working order. 96 testing of the emergency plan The operator of a mine site must a. test the emergency plan at intervals of no more than 12 months and b. as soon as is reasonably practicable after there has been a significant revision to the plan. 97. review of emergency plan. 1. The operator of a mine site must ensure that the emergency plan is reviewed and as necessary revised. a. At intervals of no more than 12 months. b. As soon as is reasonably practicable after there has been a significant change to the mining operations at the mine site. 2. A review must include a review of the training of workers under section 98 and a review of the testing of the plan. 3. If a control measure is revised, the operator of the mine site must ensure that the emergency plan is reviewed and as necessary revised in relation to all aspects of risk control addressed by the revised control measure. 98 Training of workers. The operator of a mine site must ensure workers at the mine site are trained in relation to the emergency plan. a. Before commencing work at the mine site. b. As soon as reasonably practicable after a significant revision to the plan. **[Division 8: Information, Training, and Instruction]** 106 duty to inform workers about safety management system 1. The operator of a mine site must ensure that, before a worker commences work at a mine site a. The worker is given a summary of the SMS for the mine site that is relevant to the workers work. b. The worker is informed of the right to see the documented SMS for the mine site. c. The worker is given a summary of each PHMP prepared that relates to any risk that may arise during the worker's work at the mine site. d. The worker is informed of the right to see any PHMP for the mine site. 2. The operator must ensure that the documented SMS is available on request to a worker at the mine site. 3. The operator of a mine site must ensure that each principal control plan and the emergency plan are readily accessible to all workers at the mine site. 4. If the SMS is revised, the operator must ensure, so far as is reasonably practicable that each worker at the mine site is made aware of any revision that is relevant to work being caried out by the worker. 107 duty to provide information, training, and instruction 1. This section applies in addition to WHS Regs. Cl39. 2. The operator of a mine site must ensure that each worker is provided with suitable and adequate information, training, and instruction in relation to a. Hazards associated with the work being carried out by the worker. b. The implementation of control measures relating to work being carried out by the worker, including control measures relating to fatigue, consumption of alcohol and the use of drugs. c. Content and implementation of the SMS for the mine site. d. The emergency plan for the mine site. e. The safety role for workers implemented under section 114. 3. A PCBU at a mine site must ensure that each worker engaged by the person is trained, and is competent, in basic risk management techniques used at the mine site having regard to the nature of work carried out by the worker. 108 Duty to provide induction for workers. The operator of a mine site must ensure before a worker commences work, that the worker is given information, training, and instruction on the SMS for the mine site that is designed to provide the worker with knowledge of all relevant aspects of the SMS. 109 information for visitors The operator of a mine site must ensure that a visitor who enters the mine site with the authority of the operator is, as soon as is reasonably practicable a. Informed about risks associated with mining operations to which the visitor may be exposed at the mine site. b. Instructed in health and safety precautions the visitor should take at the mine site. c. Instructed in the actions the visitor should take if the emergency plan for the mine site is implemented while the visitor is at the mine site. 110 reviews of information, training, and instruction Th operator of a mine site must ensure that information, training, and instruction provided to workers are reviewed and as necessary revised to ensure that they remain relevant and effective. 111 records of training The operator of a mine site must a. Make a record of any training provided to a worker under section 107. b. Keep a record whilst the worker remains engaged at the mine site c. Ensure that the record is made available on request to the worker. Part 4: [Health Monitoring] 112 Regulator may direct health monitoring to be provided to workers 1. A PCBU at a mine site must provide health monitoring to workers if directed to do so by the regulator by notice published in the gazette or by notice given to the operator. 2. The regulator may give a direction under this clause to a. A specified person or class of PCBU at the mine site. b. A PCBU at a specified mine site or a mine site of a specified class. 3. The regulator may give a health monitoring direction only if the regulator is satisfied that c. There is a significant risk of an adverse effect on the health of workers at the mine site concerned because of the workers exposure to a hazard associated with mining operations d. Valid techniques are available to detect that effect on the worker's health. 4. A health monitoring direction must specify the type of health monitoring that is to be provided. 5. A health monitoring direction may contain the following e. that the health monitoring be carried out by or under the supervision of a registered medical practitioner with experience in health monitoring. f. that the health monitoring be documented in a report that is in a specified form and contains specified information. g. that a health monitoring report be provided to the worker concerned or the regulator. h. that the person to whom the direction applies pays all expenses relating to the health monitoring. i. that information about health monitoring be provided to workers at the mine site concerned. j. Such other requirements as the regulator considers reasonable in the circumstances. 6. A person to whom health monitoring directions applies must comply with the direction. 113 person conducting business or undertaking to give health monitoring report to operator of the mine site. 1. This section applies to -- a. A PCBU at a mine site, other than the operator of the mine site. b. Who commissioned health monitoring for a worker at the mine, whether under this part or the WHS Regs. 2. A person must, on request give a copy of the health monitoring report to the operator of a mine site at which the worker carries out work. Part 5: [consultation and workers safety roles] 114 Safety role for workers in relation to principal hazards The operator of a mine site must implement a safety role for the workers at a mine site that enable them to contribute to a. The identification under section 27 of principal hazards that are relevant to the work that the workers are or will be carrying out. b. The considerations of control measures for risks associated with principal hazards at the mine site. c. The consideration of control measure for risks to be managed under principal control plans, d. The conduct of a review under section 29. 115 Duty to consult with workers 6 The operator of a mine site must consult with workers at the mine site in relation to the following - The development, implementation, and review of the SMS for the mine site, - Conducting risk assessments for PHMP's - Conducting risk assessments for PCP's. - Preparing, testing, and reviewing the emergency plan for the mine site - The implementation of the worker's safety role under section 114. - Developing and implementing strategies to protect persons at the mine site from any risk to health and safety arising from the consumption of alcohol or use of drugs by any person and worker fatigue. **Note:** see section 49 of the WHS act for other consultation duties of a PCBU. Part 6: [Survey plans and mine plans] 116 Survey plans must be prepared. 1. A survey plan is required for a coal mine. 2. The regulator may give written notice to the mine operator of a mine or coal mine that a survey plan is required. 117 Preparation of survey plan. 1. The operator of a mine for which a survey plan is required must ensure -- a. A detailed survey plan of the mine is prepared, and b. The survey plan is certified by an individual nominated to exercise the statutory function of the mining surveyor for the mine. 2. The survey plan must reference the mine site to the Geocentric Datum of Australia and the Australian Height Datum. 3. The survey plan of a mine must show the following if present at the mine -- c. The workings of the mine, including disused workings and bore holes. d. Other disused workings that are attached to, or near the mine. e. The location of high voltage electrical installations. f. The location of telephones and other fixed plant associated with the radio and telecommunications system, g. Water dams and tailings dams. h. Natural features surrounding the mine. i. Places for storage of hydrocarbons or explosives, 4. The mine operator of a mine must take all reasonable steps to obtain historical mine surveys of the mine to ensure the accuracy of the survey plan. 5. An individual nominated to exercise the statutory function of mining surveyor at a mine must take all reasonable steps to ensure a survey plan prepared or verified by te individual is accurate. 6. An individual nominated to exercise the statutory function of mining surveyor at a mine who has surveyed the mine must inform the mine operator of the mine of a variation between the mine workings at the mine and the current survey plan of the mine. 7. A mine operator of a mine must inform an individual nominated to exercise the statutory function of mining surveyor at the mine of a variation the mine operator is aware of between the mine workings at the mine and the current survey plan of the mine. 118 Review of survey plan. 1. The operator of a mine site must review and as necessary revise the survey plan at least once every 12 months. 2. The operator of a mine site must also review and as necessary revise the survey plan if -- a. The survey plan is no longer accurately reflects the workings that have been, or are proposed to be, carried out at the mine site. b. There are reasonable grounds to believe the survey plan is not accurate. 3. Subsection (1) does not apply if the mining operations at the mine site have been discontinued or suspended for more than 12 months. 119 Survey plan to be available. 1. The operator of a mine site must keep the current survey plan and all previous versions of the plan available for inspection under the WHS laws. 2. The operator of a mine site must make the current survey plan available on request to workers at the mine site. 120 Security of survey data. The operator of a mine site must, as far as reasonably practicable, ensure all survey data at the mine is secured against loss, damage, or unauthorized access. 121 Survey plan to be provided to the regulator. 1. The operator of a mine site must provide a copy of the survey plan of the mine site to the regulator in the approved way and form -- a. If required to do so by the regulator by notice published in the gazette or by notice given to the operator, or b. For a closed mine -- as soon as reasonably practicable after the closure of the mine. 2. A survey plan of a closed mine must show the status of the mine workings immediately before the closure. 3. The regulator must keep a copy of each survey plan provided to the regulator under subsection (1)(b) the regulator may make a copy of a survey plan available to a person for the purposes of the administration of the *Dam's Safety Act 2015*, the *Coal Mine Subsidence Compensation Act 2017, the Mining Act 1992.* 4. The regulator may make a copy of a survey of a survey plan available to a person if the regulator is satisfied -- c. The person has a legitimate concern about a risk to the health and safety of a person and making the survey plan available will likely lessen the risk, or d. Making the plan available is in the public's interest. 5. The regulator may impose conditions about a survey plan being examined by, or provided to, a person. Part 7: [Provision of information to regulator. ] 123 Report on decommissioned wells The operator of a mine or petroleum site must, as soon practicable after decommissioning a well, provide to the regulator in the approved way and form a report that sets out -- a. The date on which the well was decommissioned, and b. Why the well was decommissioned, and c. How the decommissioning took place. 124 Duty to notify regulator of certain incidents. 1. the operator of a mine site must take all reasonable steps to ensure that the regulator is notified in accordance with this clause after becoming aware of an incident (other than a notifiable incident) arising out of the carrying out of mining operations at the mine site, but only if the incident. a. results in illness or injury that requires medical treatment within the meaning of schedule 9, section 12, 2. the suturing of a wound, 3. the treatment of fractures, 4. the treatment of bruises by drainage of blood, 5. the treatment of second- and third-degree burns, b\) Is a high potential incident. 2. the notification must also be made to an industry health and safety rep in the case of an incident at a coal mine. 3. the operator must ensure that 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 that the incident resulted in an illness or injury. 4. the notification must -- c. be in writing d. be in the form required by the regulator e. in the case of an incident that results in an illness or injury, contain the details specified in schedule 8. Schedule 8: Information to be included in notification of incident. 1 Person Injured 1. The name, date of birth and gender of any person who has suffered an illness or injury as a result of the incident. 2. If a person who has suffered an illness or injury as a result of the incident is a worker, the following information--- A. the worker's occupation, B. the worker's usual start and finish time, and start time on the day of the incident, C. the number of hours worked immediately before the incident, D. the name of the person conducting the business or undertaking in which the person works, E. the nature of the engagement of the worker. 3. If the worker is self-employed, the name of the business or undertaking. 4. The industry in which the business or undertaking is primarily conducted. 2 Description of Incident 1. When the incident occurred, including--- A. the date of the incident B. the time of the incident C. in the case of an illness, the date on which the illness was first reported by or on behalf of the person suffering the illness. 2. A description of the incident, including--- A. what each affected person was doing just before the incident, B. a description of all substances, including hazardous chemicals, and all plant and processes involved in the incident, C. the classification of--- i. the mechanism of the incident, and ii. the agency of the illness or injury (that is, how the incident caused the illness or injury) iii. the nature and bodily location of the illness or injury. 3 Consequences of incident 1. Whether or not the incident has resulted in any of the following--- a. a fatality, b. permanent incapacity, c. the inability of a worker to work for 1 day or more, not including the incident day, whether the worker is rostered on that day or not, d. the worker carrying out restricted work, e. medical treatment. 2. An indication of whether the incident is likely to result in any of the circumstances referred to in subclause (1). 3. An indication of whether the incident has the potential to result in any of the circumstances referred to in subclause (1). 5. ***High potential incident*** means any of the following 1. A failure of ground support where a person could potentially have been present 2. The burial of machinery such that it cannot be recovered under its own tractive power. 3. Any indication from monitoring data of the development of subsidence which may result in damage to any plant or structure or failure of ground. 4. An injury to a person (supported by a medical certificate) that results in or is likely to result in the person being unfit, for continuous period of at least 7 days, to perform the person's usual activities at the person's place of work. 5. 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 persons usual activities at the person place of work. 6. A person 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). 7. A person exposed to an 8-hour time weighted average atmospheric concentration of crystalline silica that is more than the exposure standards specified in the *workplace Exposure Standards For Airbourne Contaminants.* 8. An uncontrolled fire on mobile plant that is in operation (whether operated directly, remotely, or autonomously) 9. A misfire or unplanned explosion of an explosive or explosive precursor. 10. Spontaneous combustion occurring at the surface of a coal mine. 11. An unplanned event that causes the emergency evacuation of more than one person from the mine site or part of the mine site. 12. A loss of control of heavy earthmoving machinery that is operated remotely or autonomously, including any failure of braking or steering. 125 Duty to notify regulator of other matters. ***Reportable event***, in respect of a mine means any of the following - The commencement of mining operations at the mine - Any significant interruption to, or suspension of, mining activities at the mine - The recommencement of normal mining operations at the mine following an event above. - The commencement if intermittent mining operations at the mine - The connection of an electrical supply to the mine (not if a person is nominated to exercise the statutory functions of electrical engineering manager or electrical engineer of the mine) - The closure of the mine. The operator of a mine site must give notice of a reportable event in respect of the mine site - Before the event occurs - As soon as reasonably practicable after the operator becomes aware that the mining operations are to recommence following interruption or suspension of mining activities. A notice in relation to the reportable event of the commencement of mining operations at the mine must include the following - The date of the commencement of mining operations at the mine - The date that mining operations at the mine are intended to conclude - The global positioning satellite coordinates of the area covered by the mine - Details of the scope, character, and location of the mining operation at the mine - Details of the minerals sought, extracted, or otherwise dealt with at the mine - Whether the mine has an underground mine - Identification details of the persons nominated to exercise key statutory functions at the mine and the competency of those persons to exercise those functions. Reportable event on the commencement of a mining operation at a coal mine must include the following in addition to matters set out above - The positions within the management structure that have responsibility for the management of work health and safety at the mine and the name of those persons and their contact details. - A list of the principal hazards that are anticipated in the conduct of mining operations at the mine. - An outline of the contents of the SMS for the mine. - An outline of each PHMP and PCP including a list of any code, standard or guidelines referred to in any such way. 126 work health and safety reports The mine operator must give the regulator a work health and safety report in accordance with this clause, the report must - Be given at the times and intervals (including annually) and in the manner and form required by the regulator - Contain information specified in schedule 9 *(In this section reporting period means the 12 -- month period ending on 30 June in each year)* Schedule 9: Information to be included in work health and safety reports. 1 Meaning of incident. In this Schedule--- ***incident*** means--- \(a) a notifiable incident, or \(b) an incident referred to in section 124. 3 Mine operator the name of the mine operator of the mine. 4 The mine the location of the mine. 5 Commodity processed A description of the primary commodity processed at the mine site during the reporting period. 6 Number of workers the average number of workers who worked at the mine site during the reporting period. 7 Number of hours worked the total number of hours (including additional shifts and overtime) worked at the mine during the reporting period. 8 Number of incidents the total number of incidents occurring during the reporting period. 9 Number of lost time injuries and illnesses the total number of injuries and illnesses of workers during the reporting period that resulted in the inability of a worker to work for 1 day or more (not including the day on which the injury was sustained, or the illness first became apparent). 10 Days lost from work the total number of days (not including the day on which the injury was sustained, or the illness first became apparent) lost from work by workers during the reporting period as a result of injuries or illnesses. 11 Number of restricted duty days the total number of days on which workers carried out restricted duties during the reporting period as a result of injuries or illnesses (not including the day on which the injury was sustained, or the illness first became apparent). 12 Number of restricted duties injuries and illnesses the total number of injuries and illnesses of workers during the reporting period that resulted in a worker being placed on restricted duties (not including the day on which the injury was sustained, or the illness first became apparent), but not injuries or illnesses already included under clause 9. 13 Number of medical treatment injuries \(1) The total number of injuries and illnesses of workers during the reporting period that resulted in a worker requiring medical treatment, but not injuries or illnesses already included under clause 9 or 12. \(2) In this clause, medical treatment means medical treatment within the meaning of the WHS Act and includes the management or care of a patient including--- a. the suturing of a wound, b. the treatment of fractures, c. the treatment of bruises by drainage of blood, d. the treatment of second- and third-degree burns, but does not include diagnostic procedures, observation, counselling, first aid or therapeutic measures taken solely for preventative purposes. 14 Number of deaths the total number of deaths that occurred during the reporting period as a result of incidents. 15 Other information the information set out in Schedule 8 in relation to each incident, if that information has not already been provided to the regulator. 127 ancillary Reports The regulator may specify, by notice published in the Gazette, specify -- classes of incidents that require an ancillary report to be provided to the regulator. Any such notice may also specify the information or documents that must be included in the ancillary report and the form of the report. A PCBU at a mine site (including the operator of the mine), must provide an ancillary report of an incident to the regulator if the incident is of a class specified in a notice under subsection (1). An ancillary report under this section must -- a. contain information or documents specified in the notice, and b. be in the form specified in the notice, and c. be provided to the regulator no later than 30 days after the incident was required to be notified to the regulator. 132 Duty to notify operator of notifiable incident A PCBU at a mine site must ensure that the operator is notified as soon as reasonably practicable of any notifiable incident that has been notified to the regulator under section 15 of the WHS M&P act Part 8: [Mine site records.] 129 mine site record 1. The operator of a mine site must keep a record for the mine site. 2. The record for the mine site must contain a. A record of any notice issued in relation to the mine site under part 10 of the WHS Act. b. A copy of any provisional; improvement notice issued in relation to the mine site under division 7 or part 5 of the WHS Act c. A record of every incident notified to the regulator under the WHS (M&P) Act or under section 124. d. A summary of all records kept under section 16 and 17 e. Each report under section 31 by a shift supervisor at the mine site f. Any other record that the operator is required to keep in respect to the mine site under the WHS laws g. A record of all first aid treatment provided at the mine site. 130 Record Keeping 1. The operator of a mine site must keep a record that forms part of the record for the mine site for -- a. 7 years from the date the record was made or b. for any longer period that may be required under the WHS laws in respect of a particular record. 2. The operator must keep the record for the mine site available for inspection under WHS laws. 3. The operator must ensure that the record for the mine site is available and readily accessible to workers at the mine site on request. 4. Above clauses does not require or permit the operator to provide personal or medical information in relation to a worker without the workers written consent unless the information is in the form that - Does not identify the worker - Could not reasonably be expected to lead to the identification of the worker Part 9: [Statutory functions.] 132 Statutory Functions. 1. A function set out in schedule 10 for a class of mine is a ***statutory function*** at a mine in that class. 2. A statutory function may be exercised at a mine only by an individual nominated to exercise the function by the mine operator. 3. An individual may be nominated to exercise a statutory function at a mine by the mine operator only if the individual meets the requirements for nomination specified in schedule 10. 4. An individual nominated to exercise a statutory function who ceases to meet the requirement for nomination -- a. Can not exercise the statutory function. b. Is taken to be no longer be nominated to exercise the statutory function. 5. More than 1 individual may exercise a statutory function, other than a key statutory function. 6. An individual may exercise more than 1 statutory function, including at different mines. Schedule 10: Statutory functions at mines **Mining engineering manager (only required if extraction occurs at the mine)** 1. The statutory function of mining engineering manager is to develop, supervise, monitor and review the mining engineering standards and procedures forming part of mining operations at the mine (but only insofar as those standards and procedures relate to extraction). 2. The requirement for nomination to exercise the statutory function is that the individual nominated must hold a current practising certificate that authorises the exercise of the statutory function. 3. This clause does not apply to a coal mine at which no extraction occurs. **Open cut examiner (only required if extraction occurs at the mine)** 1. The statutory function of open cut examiner is to supervise workers and inspect work areas in a part of the mine. 2. The requirement for nomination to exercise the statutory function is that the individual nominated must hold a current practising certificate that authorises the exercise of the statutory function. 3. This clause does not apply to a coal mine at which no extraction occurs. **Mining surveyor** 1. The statutory function of mine surveyor is to prepare and certify the mine survey plan. 2. The requirement for nomination to exercise the statutory function is that the individual nominated must be a registered mining surveyor within the meaning of the *Surveying and Spatial Information Act 2002.* **Electrical engineer** 1. The statutory functions of electrical engineer are--- a. to develop and review the standards and procedures for the installation, commissioning, maintenance and repair of electrical plant and installations at the mine. b. to supervise the installation, commissioning, maintenance and repair of electrical plant and installations at the mine. 2. The requirement for nomination to exercise the statutory functions is that the individual nominated must--- c. hold an electrical engineer practising certificate (coal mines other than underground coal mines) or electrical engineering manager practising certificate (underground coal mines) that is in force, or d. have evidence of compliance with Australian Engineering Competency Standards Stage 2 in respect of mining operations at a mine and be registered on the National Engineering Register as a professional electrical engineer, an electrical engineering technologist or an electrical engineering associate. **Mechanical engineer** 1. The statutory functions of mechanical engineer are--- a. to develop and review the standards, mechanical engineering practice and procedures for the life cycle of mechanical plant and installations at the mine. b. to supervise the installation, commissioning, maintenance, and repair of mechanical plant at the mine. 2. The requirement for nomination to exercise the statutory functions is that the individual nominated must--- c. hold a mechanical engineer practising certificate (coal mines other than underground coal mines) that is in force, or d. have evidence of compliance with Australian Engineering Competency Standards Stage 2 in respect of mining operations at a mine and be registered on the National Engineering Register as a professional mechanical engineer, a mechanical engineering technologist or a mechanical engineering associate. **Qualified electrical tradesperson** 1. The statutory function of qualified electrical tradesperson is to supervise the installation, commissioning, maintenance and repair of electrical plant and installations at the mine. 2. The requirement for nomination to exercise the statutory function is that the individual nominated must--- a. have a supervisor certificate that authorises the doing of electrical wiring work, or b. have a proficiency certificate (issued by State Training Services) in an electrical trade, or c. have been continuously employed as an electrical tradesperson at a coal mine since 21 December 2004. **Qualified mechanical tradesperson** 1. The statutory function of qualified mechanical tradesperson is to supervise the installation, commissioning, maintenance, and repair of mechanical plant at the mine. 2. The requirement for nomination to exercise the statutory function is that the individual nominated must--- a. have a proficiency certificate (issued by State Training Services) in a mechanical trade, or b. have been continuously employed as a mechanical tradesperson at a coal mine since 21 December 2004, or c. have a qualification that the regulator has declared, by notice published in the Gazette, to be a qualification equivalent to a qualification referred to in paragraph (a) or (b). 133 obligations on mine operator 1. A statutory function can only be carried out by an individual who meets the requirements for nomination under schedule 10 for the mine. 2. That person must be readily and capable available to exercise the statutory function. 3. Only one person can be nominated for key statutory roles. 4. The mine operator of a mine must ensure that mining activities do not take place at a mine if a. A key statutory function is set out in schedule 10 in respect to the mine b. An individual is not currently nominated for a key statutory function at the mine c. There has not been an individual nominated to exercise that key statutory function at the mine for more than 7 days. 134 Obligation on nominee An individual who is nominated to exercise a statutory role at a mine site must as soon as is reasonably practicable, inform the operator of any matter that may interfere with the individual's ability to exercise the statutory function. **[Division 4: Practicing Certificates ]** 138 eligibilities for practising certificate 1. An individual is eligible to hold a practising certificate for a statutory function if the regulator is satisfied the individual has the competence to exercise the statutory function. 2. The regulator may be satisfied an individual is competent to exercise a statutory function only if the individual -- a. holds a certificate of competence or an Interstate practising certificate in respect of the statutory function. b. meet other criteria specified by the regulator in respect of the statutory function by notice published in The Gazette. 3. any individual is not eligible to hold a practising certificate if the individual is less than 21 years of age. 139 applications for practising certificate 1. Must be made in the manner and form required by the regulator. 2. accompanied by a fee (if any) determined by the regulator. 140 grant of practising certificate 1. The regulator may grant a practising certificate unconditionally or subject to conditions. 2. The regulator must give an applicant written notice of a refusal to grant a practising certificate with the reasons for the refusal. 3. a practising certificate reminds in force, unless sooner cancelled, a. for a period of 5 years commencing on the date on which it is granted, or b. for lesser period as may be specified in the certificate. 4\) A practising certificate is not in force during any period that it is suspended. 5\) More than one practising certificate may be issued to an individual under this clause. 141 Interstate practising certificates 1. An Interstate practising certificate that authorises an individual to exercise statutory function in another jurisdiction is taken to be a practising certificate authorising the individual to exercise the statutory function in NSW, but only until a. The individual obtains a practising certificate in NSW. b. The Interstate practising certificate ceases to be in force. c. The individual has been exercising the statutory function in NSW for six months in reliance on the Interstate practising certificate and during that time the majority of the individuals work has taken place in NSW. 142 Conditions of practising certificates 1. The regulator may, by written notice to the holder of a practising certificate -- a. Impose conditions on the practising certificate, or b. Vary or revoke a condition imposed by the regulator, 2. It is a condition of a practising certificate that the holder, if required by the regulator by written notice, do the following within the time specified- c. provide specified information relating to the individual's competency or any other matter relating to the practising certificate. d. satisfy the regulator that the individual has a knowledge of moral and ethics to the level necessary to hold the particular practising certificate. e. undertake and successfully complete specified training courses or other specified forms of training. 3. It's a condition of a practising certificate that the holder of the certificate must keep records that demonstrate the individual's eligibility to hold the certificate, including evidence of the completion of courses and time sheets. 4. The holder must comply with the conditions imposed on the practising certificate. 5. The regulator must, as soon as reasonably practicable after imposing a new condition or varyi

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