Coal Mining Safety and Health Regulation 2001 (QLD)

Coal Mining Safety and Health Regulation 2001

Chapter 1    Preliminary

1   Short title

This regulation may be cited as the Coal Mining Safety and Health Regulation 2001.

2   Commencement

This regulation commences on 16 March 2001.

3   Definitions

The dictionary in schedule 9 defines particular words used in this regulation.

Chapter 2    All coal mines

Part 1    Preliminary

4   Application of ch 2

Unless otherwise stated, this chapter applies to both surface mines and underground mines.

Editor’s note—

See also chapters 3 (Surface mines) and 4 (Underground mines).

5   Ways of achieving an acceptable level of risk

(1)This chapter, other than sections 47(3) and 52(1), prescribes ways of achieving an acceptable level of risk at a coal mine in the circumstances mentioned in the chapter.

(2)However, this chapter does not deal with all circumstances that expose someone to risk at a coal mine.

(3)A person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the prescribed ways.

Editor’s note—

See section 34 (Discharge of obligations) of the Act for the penalty for failing to discharge the obligation.

Part 2    Safety and health management system

Division 1 General

6   Basic elements

A coal mine’s safety and health management system must provide for the following basic elements—

(a)risk identification and assessment;

(b)hazard analysis;

(c)hazard management and control;

(d)reporting and recording relevant safety and health information and data.

6A   Potential hazard guide—coal seam gas or petroleum

(1)The potential hazard guide in schedule 1A is a list of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum.

(2)The guide is intended to help the site senior executive for a coal mine identify the matters mentioned in subsection (3) for preparing the coal mine’s safety and health management system, including a joint interaction management plan mentioned in division 4.

(3)For subsection (2), the matters are the activities, and the impact of the activities, that—

(a)are carried out or proposed to be carried out as part of coal mining operations at the coal mine; and

(b)that may affect safe production of coal seam gas or petroleum under an adjacent or overlapping petroleum lease.

7   Keeping information and data on which risk assessment is based

The site senior executive must ensure a copy of each risk assessment for the mine, and information and data on which it was based, is kept at the mine until it is superseded or the hazard to which it relates is no longer at the mine.

8   Notification of safety and health issues—generally

(1)A coal mine’s safety and health management system must provide for effective notification to each person at the mine of the following matters—

(a)protocols for taking action in life threatening situations;

Example—

CPR protocols

(b)emergencies, and the location of known hazards, affecting the person’s safety or health.

(2)The system must include provision for the following—

(a)giving the person immediate notification of matters relevant to the person’s safety and health during coal mining operations;

Example—

a notification about slippery road conditions

(b)the prompt summonsing of assistance in an emergency;

(c)assistance from external entities in an emergency;

(d)communicating with the external entities;

(e)access by inspectors to the external entities’ contact details;

(f)access by an inspector in the district in which the mine is located to an emergency contact number for the mine;

(g)for a surface mine—giving notification of known hazards in and around a surface excavation, including areas where mining activities are taking place, to the open-cut examiner responsible for the excavation;

(h)for an underground mine—giving notification of known hazards in an ERZ to the ERZ controller for the zone.

Division 2 Standard operating procedures

9   Application of requirement to have a standard operating procedure for a hazard

A requirement under this regulation for a coal mine to have a standard operating procedure for a hazard applies only if the hazard is at the mine.

10   Developing standard operating procedures

(1)The site senior executive must ensure the following steps are taken in developing standard operating procedures for managing and controlling hazards at the mine—

(a)the site senior executive must consult with a cross-section of the mine’s coal mine workers involved in carrying out a task under the proposed standard operating procedure to identify the hazards associated with the task and ways of controlling the hazards;

(b)the site senior executive must prepare a draft standard operating procedure and give a copy of it to the coal mine workers with whom the site senior executive consulted;

(c)if the coal mine workers agree with the draft standard operating procedure, the site senior executive must prepare it as the final standard operating procedure;

(d)if the coal mine workers do not agree with the draft standard operating procedure—

(i)for a disagreement that is not about a legal or technical matter—the site senior executive must decide the disagreed matter and prepare the final standard operating procedure; or

(ii)for a disagreement that is about a legal or technical matter—the site senior executive must—

(A)obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and

(B)after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of it to the workers; and

(C)if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure;

(e)the site senior executive must include the final standard operating procedure in the mine’s safety and health management system.

(2)The site senior executive must ensure—

(a)the final standard operating procedure accords with—

(i)all matters agreed, under this section, between the site senior executive and coal mine workers; and

(ii)the site senior executive’s decision, under this section, on any disagreed matters; and

(b)a record is kept of the disagreed matters.

(3)In developing the standard operating procedure, the site senior executive must—

(a)use a risk assessment process recognised by the mining industry as an acceptable process for identifying and controlling hazards; and

(b)have regard to the methods of controlling the hazard stated in the database kept by the chief executive under section 280(1)(a)(i) of the Act.

(4)If, at the commencement of this section, the mine has a standard operating procedure for managing and controlling a particular hazard at the mine, the procedure is taken, until 1 March 2002, to have been developed under this section.

11   Accessing standard operating procedures

The site senior executive must ensure—

(a)a list of the mine’s current standing operating procedures is kept at the mine in a location that is easily accessible by each coal mine worker at the mine; and

(b)a copy of the current standard operating procedure for a particular activity at the mine is available to, and is kept in a location that is easily accessible by, each coal mine worker carrying out the activity; and

Example of a location that is easily accessible for an underground coal mine worker—

a crib room

(c)the list and each standard operating procedure is kept in a format that is easy to use and understand.

Division 3 Recognised standards

12   Accessing recognised standards

The site senior executive must ensure—

(a)a list of the current recognised standards for the mine’s coal mining operations is kept at the mine in a location that is easily accessible by the mine’s coal mine workers; and

(b)a copy of the current recognised standard for a particular coal mining operation is available to, and easily accessible by, each coal mine worker engaged in the operation at the mine; and

(c)the list and each recognised standard is kept in a format that is easy to use and understand.

Division 4 Plan to manage overlapping or adjacent leases

12A   Application of div 4

(1)This division applies in relation to a coal mine on land the subject of a mining lease if—

(a)coal mining operations are carried out at the coal mine—

(i)within the area of a petroleum lease (an overlapping petroleum lease); or

(ii)adjacent to the area of a petroleum lease (an adjacent petroleum lease); or

(iii)adjacent to the area of a mineral hydrocarbon mining lease, within the meaning of the Mineral Resources Act 1989, section 739; and

(b)the coal mining operations physically affect, or may physically affect the safety of persons or plant in the area of the petroleum lease.

(2)In this section—

mining lease means a mining lease granted before the commencement.

12B   Plan to manage overlapping or adjacent leases

(1)The coal mine must, before the coal mining operations commence, have a joint interaction management plan that contains at least the matters stated in the Mineral Resources Regulation 2013, section 26(1)(b), (2) and (3).

(2)Before making the joint interaction management plan, the site senior executive must comply with the consultation requirement under the Mineral Resources Regulation 2013, section 25.

Division 5 Safety provisions relating to overlapping resource authorities

12BA   Definitions for division

In this division—

authorised activities operating plant see section 64D of the Act.

overlapping area see—

(a)the Common Provisions Act, section 104; or

(b)the Mineral Resources Regulation 2013, section 23(1)(a).

12BB   Additional information required for joint interaction management plan—co-ordination of obligations

(1)This section applies for—

(a)section 64F(1)(i) of the Act; and

(b)the Mineral Resources Regulation 2013, section 26(1)(h).

(2)The joint interaction management plan must also describe the way in which the site senior executive of the coal mine and the operator of each operating plant in the overlapping area intend to communicate about, and co-ordinate, each of the following obligations applying for the coal mine and the operating plant—

(a)emergency obligations;

(b)incident response obligations;

(c)induction training obligations;

(d)information exchange obligations;

(e)vehicle safety obligations.

(3)In this section—

emergency obligations means—

(a)for the coal mine—obligations under chapter 2, part 5; and

(b)for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004, sections 675(1)(l) and 693(d) and (e).

incident response obligations means—

(a)for the coal mine—obligations under part 11 of the Act; and

(b)for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004, sections 705D, 706 and 707.

induction training obligations means—

(a)for the coal mine—obligations under sections 82(2)(a) and 83; and

(b)for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004, section 693(a).

information exchange obligations means—

(a)for the coal mine—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014, section 154; and

(b)for the operating plant—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014, section 154 or the Petroleum and Gas (Production and Safety) Regulation 2004, section 72C.

vehicle safety obligations means—

(a)for the coal mine—obligations under sections 66, 74, 76, 128 and 135; and

(b)for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Regulation 2004, section 72D.

12BC    Requirements for boreholes

(1)This section applies if an overlapping area is subject to both of the following—

(a)an authority to prospect, whether granted before or after the commencement, or a petroleum lease granted after the commencement;

(b)a mining lease granted, or an application for a mining lease made, after the commencement.

(2)If the mining lease is for an underground coal mine—

(a)the additional safety requirements mentioned in sections 12BD and 12BE apply to a borehole in the overlapping area drilled for the mining lease (coal) after the commencement; and

(b)the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements.

(3)If the mining lease is for a surface mine—

(a)the additional safety requirements mentioned in section 12BD applies to a borehole in the overlapping area drilled for the mining lease (coal) after the commencement; and

(b)the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements.

(4)Despite subsections (2) and (3), the resource authority holders for the overlapping area may agree on an alternative safety requirement for the borehole.

(5)If the resource authority holders for the overlapping area do agree under subsection (4) on an alternative safety requirement for a borehole—

(a)the standard safety requirements for the borehole do not apply to the borehole to the extent the alternative safety requirement is inconsistent with the standard safety requirements; and

(b)the alternative safety requirements for the borehole must be included in the joint interaction management plan for the overlapping area.

Note—

See section 64E(1)(c) of the Act for the requirement to comply with the joint interaction management plan.

(6)In this section—

additional safety requirements, for a borehole, means requirements applying to the borehole under section 12BD or 12BE .

alternative safety requirement, for a borehole, means a method or procedure that—

(a)does not comply with the additional safety requirements for the borehole; and

(b)achieves a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements.

standard safety requirements, for a borehole, means the requirements applying to the borehole under section 100.

12BD    Additional safety requirement—requirement to remove particular equipment from boreholes

(1)The site senior executive of the coal mine must—

(a)use the site senior executive’s best endeavours to ensure all prescribed equipment that is in a borehole drilled for the mining lease (coal) is removed before the borehole is plugged and abandoned; and

(b)ensure the following is available for use at all times when drilling operations in a borehole drilled for the mining lease (coal) are carried out—

(i)adequate equipment for preventing or mitigating the loss of prescribed equipment in the borehole;

(ii)adequate equipment for seeking to recover prescribed equipment lost in the borehole.

(2)If prescribed equipment is lost in a borehole drilled for the mining lease (coal), the site senior executive of the coal mine must—

(a)within 24 hours after the equipment is lost—notify each operator of an authorised activities operating plant in the overlapping area; and

(b)within 3 days after the equipment is lost—consult with the chief inspector about the period in which efforts to recover the lost equipment should be made; and

(c)abandon efforts to recover the lost equipment only if the chief inspector agrees to the abandonment.

(3)In this section—

prescribed equipment means—

(a)metal equipment, other than casing; and

(b)any other equipment or material that may create a hazard to coal mining operations.

12BE    Additional safety requirement—requirement to fill boreholes

(1)This section prescribes safety requirements for plugging and abandoning a borehole drilled for the mining lease (coal) in an overlapping area.

(2)The site senior executive of the coal mine must ensure that, as part of the plugging and abandoning of the borehole—

(a)the borehole is filled with cement from the bottom of the borehole to the surface of the borehole, unless each operator of an authorised activities operating plant in the overlapping area otherwise agrees; and

(b)packers and fluids are not left in the borehole.

(3)This section applies in addition to the requirements under section 100.

Part 2A    Safety and health fee

12C   Definitions for pt 2A

In this part—

responsible person, for a coal mine, means the responsible person for the coal mine within the meaning of section 12D.

safety and health census see section 12F(1).

safety and health fee see section 12E(1).

12D   Meaning of responsible person

(1)A person is a responsible person for a coal mine if the person is—

(a)for a coal mine operated under a mining tenure—

(i)if the coal mine operator is an individual—the holder of the mining tenure for the coal mine; or

(ii)if the coal mine operator is a corporation—the coal mine operator for the coal mine; or

(b)for a place that is a coal mine under the Act, section 9(1)(c)—the person in control of the coal mine.

(2)However, if the mining tenure mentioned in subsection (1)(a)(i) is held by more than 1 person, for the purpose of giving or receiving notices under this part, including for giving a safety and health census under section 12F, the responsible person for the coal mine is—

(a)if a person has been specified under the Mineral Resources Act 1989 as the person on whom any notice may be served on behalf of the holders of the mining tenure—the person specified; or

Note—

See the Mineral Resources Act 1989, sections 133(1)(c), 183(1)(c) and 245(1)(c).

(b)otherwise—any person who is a holder of the mining tenure.

12E   Payment of safety and health fee

(1)The responsible person for a coal mine must pay a fee (a safety and health fee) to cover the cost of the department’s activities carried out for the purposes of safety and health for coal mining operations during each financial year.

(2)The amount of the safety and health fee is—

(a)if the number of coal mine workers working at the coal mine during the financial year is more than 5 but not more than 10—$110.80 for each coal mine worker working at the coal mine during the financial year; or

(b)if the number of coal mine workers working at the coal mine during the financial year is more than 10—$880 for each coal mine worker working at the coal mine during the financial year.

(3)The amount of the safety and health fee must be worked out using information included in each safety and health census given to the chief executive under section 12F for the financial year for the coal mine.

(4)The chief executive must give the responsible person an invoice for the amount of the safety and health fee on or before 10 October after the end of the financial year.

(5)The amount of the safety and health fee must be paid by the responsible person on or before 31 October after the end of the financial year.

Maximum penalty—100 penalty units.

12F   Safety and health census to be given at the end of each quarter

(1)The responsible person for a coal mine must give the chief executive, within 20 days after the end of each quarter, a written notice (a safety and health census) stating the number of coal mine workers working at the coal mine during the quarter.

Maximum penalty—100 penalty units.

(2)Despite subsection (1), the responsible person may give the safety and health census after the period mentioned in the subsection ends if, before the period ends—

(a)the responsible person applies to the chief executive in writing to extend the period to give the safety and health census; and

(b)the chief executive gives the responsible person a written notice stating that the responsible person may give the safety and health census before the end of a day stated in the notice for that purpose.

(3)If the responsible person is given written notice under subsection (2)(b), the responsible person must give the chief executive the safety and health census before the end of the day stated in the notice for giving the census.

Maximum penalty—100 penalty units.

(4)The safety and health census must be in the approved form.

12G   Notice may be given if safety and health census not given or is inadequate

(1)This section applies if the chief executive reasonably believes, based on information available to the chief executive, that a responsible person for a coal mine—

(a)has not given a safety and health census under section 12F; or

(b)has given an incomplete safety and health census; or

(c)has given a safety and health census containing information that is incorrect.

(2)The chief executive may give the responsible person a notice—

(a)stating each of the following—

(i)the ground mentioned in subsection (1)(a), (b) or (c) on which the chief executive reasonably believes this section applies in relation to the responsible person;

(ii)if the ground is the ground mentioned in subsection (1)(c)—the information the chief executive reasonably believes is incorrect;

(iii)the amount of the safety and health fee the chief executive reasonably believes is payable by the responsible person for the coal mine;

(iv)the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii); and

(b)inviting the responsible person to give to the chief executive, within the reasonable period stated in the notice, a written submission about why the responsible person for the coal mine should not be invoiced for the amount mentioned in paragraph (a)(iii).

(3)The chief executive must consider any submissions given by the responsible person within the period stated in the notice.

(4)If, after complying with subsection (3), the chief executive is satisfied an amount of a safety and health fee is payable by the responsible person, the chief executive may give the responsible person an invoice for the fee.

(5)Subsection (4) applies even if the responsible person has already been given an invoice for, or paid, a different amount for the fee.

(6)The responsible person must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice.

12H   Fee for late safety and health census

(1)This section applies if a responsible person for a coal mine does not give a safety and health census for a quarter before either of the following days—

(a)if the chief executive has given the responsible person a written notice mentioned in section 12F(2)(b)—the day after the day stated in the notice for giving the safety and health census;

(b)otherwise—the day that is 21 days after the end of the quarter.

(2)The obligation under section 12F to give a safety and health census continues to apply until that section is complied with.

(3)A late fee of $110.80 applies and is payable as well as any penalty imposed under section 12F(1) or (3).

12I   Interest payable on unpaid fees

(1)This section applies if a responsible person for a coal mine does not pay any amount of a safety and health fee under section 12E or 12G.

(2)The responsible person must pay interest on the unpaid amount at the rate of 15%.

(3)The interest must be calculated as simple interest.

(4)The interest payable on the unpaid amount may be recovered by the chief executive as a debt.

12J   Refund of overpayment of safety and health fee

(1)If a safety and health fee is overpaid by a responsible person for a coal mine, the chief executive must refund the amount of the overpayment to the responsible person.

(2)No interest is payable on the amount refunded.

Part 2B    Election of site safety and health representatives

12K   When election under Act, s 93 must be held

An election of a site safety and health representative for a coal mine or part of a coal mine must be held under section 93 of the Act if—

(a)the office of a site safety and health representative for the coal mine or part is vacant or will become vacant before the election; and

(b)a relevant coal mine worker—

(i)asks the chief inspector, in writing, for an election to be held; and

(ii)gives a copy of the request to the site senior executive for the coal mine.

12L   Who is to conduct election under Act, s 93

(1)This section applies to an election for a site safety and health representative for a coal mine or part of a coal mine under section 93 of the Act.

(2)The election must be conducted by 1 or more of the following as decided by the chief inspector—

(a)a particular involved union, or particular involved unions, for the election;

(b)the site senior executive for the coal mine;

(c)a qualified body appointed by the chief inspector.

(3)However, subsection (2) does not compel an entity to conduct, or jointly conduct, the election.

(4)In making a decision under subsection (2), the chief inspector must have regard to any written submissions made by—

(a)an entity mentioned in subsection (2)(a) or (b); or

(b)a relevant coal mine worker.

(5)The chief inspector may inform himself or herself of any matter relevant to making the decision in the way he or she considers appropriate.

(6)The election must be conducted by secret ballot under the prescribed site safety and health representative election process unless the entity or entities conducting the election are or include an involved union, or involved unions, for the election.

(7)If the entity or entities conducting the election are or include an involved union, or involved unions, for the election, the election must be conducted by secret ballot under—

(a)fair rules of the involved union or fair rules agreed to between the involved unions; or

(b)the prescribed site safety and health representative election process.

(8)An organisation is an involved union, for an election, if—

(a)the organisation is a Federal or State industrial organisation of employees; and

(b)a coal mine worker who is a member of the organisation is an elector in the election; and

(c)the worker is qualified to be a member of the organisation because of the work the worker performs in his or her employment at the mine.

12M   Obligations of entity or entities conducting election

The entity or entities conducting an election under section 93 of the Act must ensure the election is—

(a)supervised by a person who has had formal training as a returning officer; and

(b)conducted under fair procedures that give each elector an equal opportunity to freely vote in the election.

12N   State to pay reasonable costs of qualified body in conducting election

(1)This section applies if the chief inspector appoints a qualified body as the entity or 1 of the entities to conduct an election under section 93 of the Act.

(2)The reasonable costs of the qualified body in conducting the election are to be paid by the State.

12O   Term of appointment if coal mine workers do not decide term of appointment

(1)This section applies if coal mine workers at a coal mine or in part of a mine elect a site safety and health representative for the coal mine or part, but no term of appointment to that office is decided by the workers as mentioned in section 93(1) or (2) of the Act.

(2)The term of the site safety and health representative’s appointment to that office is 3 years.

12P   Method of election for election under Act, s 94

(1)This section applies to an election under section 94 of the Act that may be held because a site safety and health representative is not available when a coal mine operation is considered unsafe by affected coal mine workers.

(2)The method of election—

(a)must be decided by the affected coal mine workers; and

(b)must be as straightforward as practicable, having regard to the need to deal with the coal mine operation that is considered unsafe in a way that is appropriate in the circumstances.

12Q   When site safety and health representative is removed from office—Act, s 96(c)

A site safety and health representative for a coal mine or part of a coal mine is removed from office if more than 50% of relevant coal mine workers advise the site senior executive for the coal mine, in writing, that the site safety and health representative is removed from office.

Part 3    Accidents, high potential incidents, diseases and injuries

13   Prescribed types of high potential incidents—Act, s 198(2)(b)

A type of high potential incident mentioned in schedule 1C is prescribed for section 198(2)(b) of the Act.

13A   Prescribed diseases that must be reported—Act, s 198(6)

A disease mentioned in schedule 1, column 1, in the circumstances mentioned opposite the name of the disease in schedule 1, column 2, is prescribed for section 198(6) of the Act.

14   Prescribed types of serious accidents and high potential incidents—Act, ss 200 and 201

(1)A type of serious accident or high potential incident mentioned in schedule 2, part 1, is prescribed for section 200(1) of the Act.

(2)A type of serious accident or high potential incident mentioned in schedule 2, part 2, is prescribed for section 201(1)(c) of the Act.

15   Investigating accidents and incidents

(1)A coal mine’s safety and health management system must provide for the following—

(a)the procedure for investigating accidents and incidents at the mine;

(b)making the investigation findings available to the mine’s coal mine workers;

(c)implementing corrective action for accidents and incidents.

(2)The procedure for investigating accidents and incidents must include the involvement of—

(a)for accidents and incidents in or around the surface excavation at a surface mine—

(i)the open-cut examiner responsible for the excavation and on duty when the accident or incident happened; or

(ii)if it is not practicable to involve the open-cut examiner mentioned in subparagraph (i)—another open-cut examiner responsible for the excavation; or

(b)for accidents and incidents at an underground mine—

(i)the ERZ controller for the ERZ in which the accident or incident happened who was on duty when it happened; or

(ii)if it is not practicable to involve the ERZ controller mentioned in subparagraph (i)—another ERZ controller for the zone.

16   Giving notice of incidents

(1)The site senior executive must give an inspector notice, in the approved form, about a following incident at the mine within 1 month after it happens—

(a)a person suffers an injury—

(i)of a severity that requires treatment by a doctor, or a nurse, or a person qualified to give first aid; or

(ii)preventing the person from carrying out the person’s normal duties at the mine;

(b)a high potential incident not mentioned in paragraph (a).

(2)A mine’s safety and health management system must include procedures for—

(a)telling a site safety and health representative about the things mentioned in section 106 of the Act; and

(b)giving notice to an inspector and industry safety and health representative under section 198 of the Act.

(3)In this section—

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse, other than as a student.

Part 4    Electrical activities, equipment and installations

Division 1 Electrical activities

Subdivision 1 Controlling and managing electrical engineering activities

17   Qualifications for appointment as electrical engineering manager

A person may appoint a person as an electrical engineering manager only if the person has the recognised competencies for controlling and managing the mine’s electrical engineering activities.

18   Duties of electrical engineering manager

The duties of an electrical engineering manager include controlling and managing the following at the mine—

(a)the design of electrical installations;

(b)the installation and maintenance of electrical equipment and electrical installations;

(c)electrical work;

(d)work carried out close to electrical installations.

Subdivision 2 Other provisions about electrical activities

19   Duty to give notice of proposed introduction of electricity

Before electricity is introduced at a coal mine for use in coal mining operations, or after it is permanently disconnected, the site senior executive must notify an inspector of the proposed introduction, or disconnection.

20   Competencies of persons carrying out work on electrical equipment

(1)Subject to subsection (2), only a person who has the recognised competency for repairing, overhauling and maintaining electrical equipment for explosive atmospheres may carry out the following work at a coal mine—

(a)electrical work in an ERZ;

(b)work on electrical equipment used in an ERZ;

(c)work on extra low voltage systems associated with explosion-protected equipment and installations;

(d)work on explosion-protected electrical equipment installed at a surface mine;

(e)electrical work in an area, at a surface mine, that a risk assessment shows has an explosion risk.

(2)Only a person who has the recognised competency for repairing, overhauling and maintaining electrical equipment for mobile plant used in underground mines may carry out work on extra low voltage systems associated with mobile plant for an underground mine.

21   Access to exposed electrical conductors

(1)A coal mine must have a standard operating procedure for safely accessing exposed electrical conductors at the mine.

(2)The procedure must provide for minimising the risk of energising exposed electrical conductors on which work is to be carried out, including, for example, by using personal locks or danger tags or both personal locks and danger tags.

(3)The procedure must also provide that before work is carried out on an exposed electrical conductor at above extra low voltage it must be—

(a)positively isolated from the electricity source; and

(b)tested for zero potential; and

(c)if it is a high voltage conductor, earthed.

(4)Subsection (5) applies only to a surface mine and only if—

(a)it is not practicable to positively isolate the conductor from the electricity source; and

(b)access to the conductor is required or work in close proximity to the conductor is required to be carried out.

(5)The procedure must also provide that—

(a)a risk assessment, including consideration of high fault currents, must be carried out before the work is carried out; and

(b)if the risk assessment shows an unacceptable level of risk in carrying out the work with the conductor energised, before the work is carried out, the conductor must be—

(i)positively isolated from the electricity source; and

(ii)tested for zero potential; and

(iii)if it is a high voltage conductor, earthed.

(6)In this section—

close proximity, to a conductor, means—

(a)for a person—

(i)for a high voltage conductor—within the exclusion zone for the person for the conductor under the Electrical Safety Regulation 2002; or

Editor’s note—

See the Electrical Safety Regulation 2002, schedule 2 (Exclusion zones for electrical parts).

(ii)for a low voltage conductor—within reach of the conductor; or

(b)for plant being used for work near an overhead power line—within the minimum clearances required under AS 3007.5, section 3.

Editor’s note—

AS 3007.5 ‘Electrical installations—Surface mines and associated processing plant—Operating requirements’, section 5 (Movement of vehicles and machinery in the vicinity of overhead lines)

22   Locating and dealing with electrical faults

(1)A coal mine must have a standard operating procedure for re-energising an electrical circuit at the mine that has been switched off by a circuit protection device.

(2)A person may use electrical energy, other than electrical energy generated from appropriately designed test instruments, for locating, isolating or clearing only the following electrical faults—

(a)an overload of an electric motor;

(b)an earth leakage trip associated with an impedance earth circuit;

(c)a 30mA earth leakage trip;

(d)an earth continuity trip.

Division 2 Electrical equipment and installations

Subdivision 1 General

23   Design, installation and maintenance

The site senior executive must ensure the design, installation and maintenance of electrical equipment and installations at the mine provide for the following—

(a)reliable circuit interruption, under fault conditions, at all points in the mine’s electrical distribution system;

(b)each earthing system at the mine to be of sufficiently low impedance to ensure reliable operation of all electrical protection systems and devices and adequate protection against indirect contact;

(c)limiting prospective touch voltage, under fault conditions, to within acceptable limits;

(d)minimising potential impacts from voltage rise caused by lightning strike, static electricity, voltage surges and other transient voltages to within acceptable limits;

(e)preventing a person inadvertently contacting live parts of equipment or an installation exceeding extra low voltage.

Example for paragraph (e)—

The design, installation and maintenance may provide for insulation or an enclosure, shield, interlocking device or automatic disconnection device for the equipment or installation.

24   Isolators for equipment driven by electricity

(1)The electrical engineering manager must ensure the mine has a full current isolator for equipment driven by electricity at the mine.

(2)The electrical engineering manager must ensure—

(a)the isolator is—

(i)clearly identified as the isolator for the equipment; and

(ii)situated in a location that is easily accessible by a person working on the equipment; and

(b)the equipment is clearly identified as being supplied with electricity from the isolator.

Example of how the isolator or equipment may be identified for subsection (2)—

by marking the isolator or equipment, or placing a notice near the isolator or equipment

Subdivision 2 Electrical control systems

25   Standard for electrical control systems

The electrical engineering manager must ensure—

(a)each electrical control system at the mine operates safely under all operating conditions, including electricity supply instability or failure; and

(b)if the system suffers a fault or fails, all emergency stopping systems and safety alarms at the mine remain effective.

26   Control circuits

(1)The electrical engineering manager must ensure a control circuit at the mine run externally to an enclosure from which the circuit originates—

(a)has a voltage of not more than a nominal voltage of 55V to earth; or

(b)is protected by earth leakage current protection of not more than 30mA sensitivity; or

(c)minimises the risk of direct contact and limits prospective touch voltage to within acceptable limits.

(2)Subsection (1) does not apply before 1 January 2011 to a control circuit installed before the commencement of the Act.

(3)The electrical engineering manager must ensure a control circuit for an underground mine is explosion protected, unless the whole circuit is installed and operated in a NERZ.

27   Modification of electrical control systems

A coal mine’s safety and health management system must—

(a)provide for the security and maintenance of the mine’s electrical control system software and control circuits; and

(b)control modification of the software and circuits; and

(c)provide for records to be kept of any modifications.

Subdivision 3 Electrical protection

28   Electrical protection for power outlets for low voltage electrical equipment

(1)The electrical engineering manager must ensure a single-phase power outlet for low voltage electrical equipment at the mine has—

(a)earth leakage current protection of not more than 30mA sensitivity; or

(b)a device preventing its use by portable electrical equipment.

(2)Subsection (1) does not apply if the power outlet is the only outlet in an isolated electricity supply.

(3)In this section—

isolated electricity supply means an electricity supply—

(a)other than the main electricity supply, that is totally insulated from conductive material; or

(b)that is—

(i)supplied with electricity from the main electricity supply; and

(ii)totally isolated from the main electricity supply; and

(iii)totally insulated from earth.

29   Operating times and tripping current for circuit protection devices

(1)The electrical engineering manager must ensure each circuit protection device at the mine has an appropriate operating time and tripping current, having regard to a risk assessment of the operation of the part of the electrical installation it protects.

(2)For a surface mine, the operating time may allow for a delay in cutting off the electricity supply if—

(a)the device is installed to protect a person operating equipment; and

(b)it is appropriate to allow the person to bring the equipment to rest before the electricity supply is cut; and

(c)the person is immediately given a clear warning of the fault.

30   Changing electrical protection settings

(1)A person must not change an electrical protection setting for a circuit protection device at a coal mine, unless the person is authorised to make the change by the electrical engineering manager for the mine.

(2)In this section—

electrical protection setting, for a circuit protection device, means the current, voltage or operating time at which the device is set to trip when it detects an electrical fault in the circuit.

31   Unearthed electrical installations

(1)The electrical engineering manager must ensure an unearthed electrical installation at the mine has earth fault detection and control.

(2)Subsection (1) does not apply to a single-phase 240V generator of less than 25kW capacity at a surface mine.

Subdivision 4 Electrical drawings and plans

32   Drawings of electrical installations

(1)The site senior executive must ensure up-to-date drawings of the mine’s electrical installations are available for use at the mine when electrical equipment and electrical installations are commissioned or modified.

(2)The drawings must be updated as soon as practicable, but not later than 8 days, after—

(a)the commissioning of any electrical equipment or electrical installation at the mine; or

(b)any major modification to electrical equipment or an electrical installation at the mine.

(3)The drawings must be kept in a location that is easily accessible by each coal mine worker authorised by an electrical supervisor or the electrical engineering manager to access the drawings.

33   Plan of coal mine’s communication system and main electrical installation

(1)The site senior executive must ensure the mine has a plan of its main electrical installation showing the following—

(a)the location of each main electricity reticulation line;

(b)the location, rating, identifying label and purpose of each main isolator, substation and high voltage switchboard;

(c)any information required to perform switching programs;

(d)for a surface mine—the general location of each item of high voltage mobile plant supplied with electricity by a trailing cable.

(2)For an underground mine, the site senior executive must also ensure the mine has a plan of its communication system showing the location of each fixed communication device at the mine.

(3)For an underground mine, the scale of each plan must be 1:5000.

(4)The plan must be updated as soon as practicable, but not later than 8 days after—

(a)for a plan of the communication system—the installation or removal of a communication device; or

(b)for a plan of the main electrical installation—the relocation, removal or installation of a thing mentioned in subsection (1)(a), (b) or (d).

(5)The site senior executive must ensure each plan is kept in a location at the mine that is easily accessible by each coal mine worker authorised by an electrical supervisor or the electrical engineering manager to access the plans.

Subdivision 5 Records about electrical activities, equipment and installations

34   Records

(1)The electrical engineering manager or, if there is no electrical engineering manager for the mine, the site senior executive, must ensure a record of the following matters about the mine’s electrical activities, equipment and installations is kept at the mine—

(a)for each electrical installation—

(i)its electrical protection settings, fault levels, and cable and conductor sizes and switchgear ratings, including circuit interrupting capacity; and

(ii)its commissioning dates and results; and

(iii)its monitoring and test dates and results;

(b)for each electrical equipment item—

(i)its commissioning dates and results; and

(ii)its monitoring and test dates and results;

(c)for each electrical safety equipment item used—

(i)its description; and

(ii)its test dates and results;

(d)the name of each person appointed—

(i)to control and manage the mine’s electrical engineering activities; or

(ii)to carry out electrical work and electrical activities;

(e)the name of each person authorised to enter an electrical operating area;

(f)the activity each person mentioned in paragraph (e) is authorised to carry out in the operating area.

(2)In this section—

electrical operating area means an area or enclosure in which electrical equipment or an electrical installation is housed.

electrical safety equipment includes an instrument for testing electrical equipment, a ladder, a safety harness, an insulating tool and insulating gloves.

Part 5    Emergencies

35   General

(1)A coal mine’s safety and health management system must provide for managing emergencies at the mine.

(2)The system must include provision for the following—

(a)identifying, by risk assessment, potential emergency situations;

(b)minimising risks associated with potential emergency situations;

(c)carrying out aided rescue and self-escape of persons from the mine in an emergency;

(d)carrying out emergency exercises, including testing the effectiveness of emergency management procedures and the readiness and fitness of equipment for use in an emergency;

(e)auditing and reviewing the emergency exercises;

(f)if the mine is a surface mine—involving an open-cut examiner for the mine in—

(i)developing and testing the emergency management procedures for activities, including mining activities, in and around the surface excavation; and

(ii)auditing the documentation for the procedures;

(g)if the mine is an underground mine—involving an ERZ controller for the mine in—

(i)developing and testing the emergency management procedures for explosion risk zones; and

(ii)auditing the documentation for the procedures.

36   Visitors’ self-escape

The site senior executive must ensure a visitor does not enter an operating area at the mine unless—

(a)the visitor’s fitness level is assessed in an appropriate way, including, for example, by a questionnaire, to decide if the visitor’s fitness level is adequate to allow the visitor to self-escape from the area; and

(b)having regard to conditions prevailing in the area, the visitor’s fitness level is adequate for the self-escape; and

(c)personal protective equipment given to the visitor for the self-escape fits the visitor.

37   Fire

(1)A coal mine’s safety and health management system must provide for the following at the mine—

(a)fire prevention and control;

(b)an effective fire fighting capability;

(c)the safety of persons fighting fires;

(d)a risk assessment to identify all potential fire hazards at the mine.

(2)The system must also provide for the following—

(a)the availability at the mine, at all times, of equipment that is appropriate and sufficient to extinguish any potential fire identified by the risk assessment;

(b)the location of portable fire extinguishers on or near equipment and installations identified as potential fire hazards by the risk assessment;

(c)the compatibility, throughout the mine, of all fire fighting equipment.

(3)The coal mine must have a standard operating procedure for action to be taken when a fire is discovered at the mine.

38   First aid

(1)A coal mine’s safety and health management system must provide for first aid at the mine.

(2)The system must include provision for the following—

(a)the supply and placement of first aid supplies and equipment, including supplies and equipment required for emergencies, based on a risk assessment;

(b)appropriate first aid training, including refresher training, emphasising the safety of the person giving first aid as well as the safety of the person receiving first aid;

(c)the availability of a sufficient number of persons competent in giving first aid.

(3)For accidents involving electricity, the mine must have a standard operating procedure for the following—

(a)releasing a person from an energised low and high voltage conductor;

(b)resuscitating a person in an electrical environment;

(c)managing a person’s flash burn injuries.

Part 6    Fitness for work

Division 1 General

39   Consumption of alcohol

A person must not consume alcohol at a coal mine, other than in an accommodation building or a recreation area designated by the site senior executive for the purpose.

40   Carrying out an activity, or entering a place, while under the influence of alcohol

A person must not carry out a work activity at a coal mine, or enter a part of the mine where on-site activities are carried on, if the person is under the influence of alcohol.

41   Safety and health management system for alcohol

(1)A coal mine’s safety and health management system must provide for controlling risks at the mine associated with the excessive consumption of alcohol.

(2)The system must provide for the following about alcohol consumption for persons at the mine—

(a)an education program;

(b)an employee assistance program;

(c)the following assessments to decide a person’s fitness for work—

(i)voluntary self-testing;

(ii)random testing before starting work;

(iii)testing the person if someone else reasonably suspects the person is under the influence of alcohol.

(3)In developing the fitness provisions, the site senior executive must comply with section 10, other than section 10(1)(a), as if—

(a)a reference in the section to a standard operating procedure were a reference to the fitness provisions; and

(b)a reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.

(4)In this section—

fitness provisions means the part of the safety and health management system that provides for the things mentioned in subsection (2).

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

42   Safety and health management system for personal fatigue and other physical and psychological impairment, and drugs

(1)A coal mine’s safety and health management system must provide for controlling risks at the mine associated with the following—

(a)personal fatigue;

(b)other physical or psychological impairment;

Example of other physical or psychological impairment—

an impairment caused by stress or illness

(c)the improper use of drugs.

(2)The system must provide for the following about personal fatigue for persons at the mine—

(a)an education program;

(b)an employee assistance program;

(c)the maximum number of hours for a working shift;

(d)the number and length of rest breaks in a shift;

(e)the maximum number of hours to be worked in a week or roster cycle.

(3)The system must provide for protocols for other physical and psychological impairment for persons at the mine.

(4)The system must provide for the following about drug consumption or ingestion for persons at the mine—

(a)an education program;

(b)an employee assistance program;

(c)an obligation of a person to notify the site senior executive for the mine of the person’s current use of medication that could impair the person’s ability to carry out the person’s duties at the mine;

(d)an obligation of the site senior executive to keep a record of a notification given to the site senior executive under paragraph (c);

(e)the following assessments to decide a person’s fitness for work—

(i)voluntary self-testing;

(ii)random testing before starting, or during, work;

(iii)testing the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs.

(5)The site senior executive must consult with a cross-section of workers at the mine in developing the fitness provisions.

(6)In developing the fitness provisions, the site senior executive must comply with section 10, other than section 10(1)(a) and (d)(ii)(C), as if a reference in the section to a standard operating procedure were a reference to the fitness provisions.

(6A)If the fitness provisions provide for the assessment of workers for a matter mentioned in subsection (1)(a) or (b), the site senior executive must establish the criteria for the assessment in agreement with a majority of workers at the mine.

(7)If the fitness provisions provide for the assessment of workers for a matter mentioned in subsection (1)(c), the site senior executive must make a reasonable attempt to establish the criteria for the assessment in agreement with a majority of workers at the mine.

(7A)If the majority of workers at the mine disagree with the criteria for the assessment under subsection (7), the criteria for assessment stated in a recognised standard apply until an agreement is reached.

(8)In this section—

fitness provisions means the part of the safety and health management system that provides for the things mentioned in subsections (2) to (4).

43   Dealing with records and information about a person’s fitness for work

The site senior executive must ensure information and records about a person’s fitness for work obtained under sections 41 and 42 are—

(a)used only for deciding the person’s fitness for work at the mine; and

(b)are destroyed—

(i)for an employee of a regular contractor—18 months after the employee ceases to work at the mine; or

(ii)for an employee of another contractor or coal mine operator—when the employee ceases to be employed by the other contractor or operator.

Division 2 Coal mine workers’ health scheme

Subdivision 1 Preliminary

44   Application of div 2

This division applies to each coal mine worker, other than a coal mine worker employed, or to be employed, to carry out a low risk task at a coal mine.

Subdivision 2 Nominated medical adviser

45   Appointment of nominated medical adviser

(1)Each employer must—

(a)appoint, in writing, a doctor (the nominated medical adviser) to carry out, supervise, and report on, health assessments under this division for the employer’s coal mine workers; and

(b)as soon as practicable after making the appointment, give the chief executive a notice stating the nominated medical adviser’s name and contact details; and

(c)as soon as practicable after the appointment ends, give the chief executive a notice stating when the appointment ended.

(2)The employer must include in the contract appointing the nominated medical adviser an obligation on the adviser to discuss, and give advice about, appropriate duties for the worker, under subsection (3).

(3)The discussions must be held with, and the advice given to, the employer and coal mine worker or the worker’s representative.

(4)The employer must also include in the contract an obligation on the nominated medical adviser, if asked by a coal mine worker, to discuss the worker’s health assessment with another doctor nominated by the worker.

Subdivision 3 Health assessments and health monitoring

46   Requirement for health assessment

(1)The employer must ensure a health assessment is carried out for each person who is to be employed, or is employed, by the employer as a coal mine worker for a task other than a low risk task.

(2)An assessment must be carried out—

(a)before the person is employed as a coal mine worker; and

(b)if the nominated medical adviser considers the assessment is necessary after being given a copy of a notice under section 49(3)—periodically, as decided by the nominated medical adviser; and

(c)otherwise—periodically, as decided by the nominated medical adviser, but at least once every 5 years.

46A   Content of health assessments

(1)A health assessment for a person must—

(a)be carried out—

(i)in accordance with all instructions, and covering all matters, stated in the approved form; and

(ii)by, or under the supervision of, the nominated medical adviser; and

(b)without limiting paragraph (a)(i), include an examination of the person’s respiratory function and a chest x-ray examination—

(i)if the person is not yet employed as a coal mine worker; or

(ii)for a coal mine worker who is an aboveground worker—at least once every 10 years; or

(iii)for a coal mine worker who is, or was, an underground worker—at least once every 5 years; and

(c)if the results of 1 or more previous respiratory function examinations of the person are available and an examination of the person’s respiratory function is required under paragraph (a)(i) or (b)—include a comparative assessment of the person’s respiratory function.

(2)Each examination carried out as part of a health assessment must be performed by a person qualified and competent to conduct the examination.

(3)In this section—

aboveground worker means a coal mine worker other than an underground worker.

underground worker means a coal mine worker who works underground at an underground mine.

46B   Other matters about health assessments

(1)This section applies despite section 46A(1)(a).

(2)A health assessment may include matters not covered in the health assessment approved form if—

(a)a risk assessment has been carried out for a task for which a person is, or is to be, employed by the employer; and

(b)having regard to the risk assessment, the nominated medical adviser considers the person needs to be assessed in relation to the additional matters to achieve an acceptable level of risk.

(3)Also, a person may undergo an assessment (a subsequent assessment) in accordance with some of the instructions only, and covering some of the matters only, in the health assessment approved form if—

(a)the person has previously undergone a health assessment; and

(b)the subsequent assessment relates to a particular matter identified by the previous assessment; and

(c)the subsequent assessment is carried out to ensure the person is able to carry out the person’s tasks at the mine without creating an unacceptable level of risk having regard to the matter mentioned in paragraph (b).

(4)A medical examination of a person carried out by a doctor other than the nominated medical adviser is taken to be a health assessment carried out by the nominated medical adviser under section 46A if—

(a)both of the following apply—

(i)the medical examination is carried out in accordance with all instructions, and covering all matters, stated in the health assessment approved form; and

(ii)the nominated medical adviser gives the employer a health assessment report about the examination; or

(b)the medical examination is for another purpose and the nominated medical adviser—

(i)is satisfied the examination is equivalent to a health assessment; and

(ii)gives the employer a health assessment report about the examination.

(5)In this section—

health assessment approved form means the approved form mentioned in section 46A(1)(a)(i).

47   Employer’s responsibility for health assessment

(1)The employer must, for each health assessment required to be carried out under section 46—

(a)arrange for the health assessment, or a medical examination taken to be the health assessment under section 46B(4), to be carried out; and

(b)ask the nominated medical adviser to give—

(i)a health assessment report to the employer; and

(ii)a copy and explanation of the report to the person to whom it relates; and

(c)ensure, before an explanation of the report from the nominated medical adviser is given to the employer, the person to whom the health assessment report relates agrees to the giving of the explanation and is present.

(2)The nominated medical adviser must comply with a request under subsection (1)(b).

(3)The employer must pay for the following—

(a)the health assessment or medical examination;

(b)a copy of a report about the medical examination.

Maximum penalty for subsection (3)—100 penalty units.

(4)Subsection (3) is not a safety and health obligation for the Act.

(5)Nothing in this division makes the employer responsible for the treatment of any physical or medical condition of the person.

48   Reviewing health assessment report

(1)This section applies if the employer is given a health assessment report (the original health assessment report) about a coal mine worker showing the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.

(2)Before taking action to terminate the worker’s employment or demote the worker, the employer must give—

(a)the worker a reasonable opportunity to undergo a further health assessment from another nominated medical adviser or relevant medical specialist chosen by the worker; and

(b)the nominated medical adviser or medical specialist details of the worker’s tasks.

Note—

If section 48A applies in relation to a coal mine worker, section 48A(6) also imposes restrictions on the termination or demotion of the worker.

(3)Subsection (4) applies if the worker—

(a)undergoes the further health assessment; and

(b)gives the employer a report about the assessment (the further health assessment report), signed by the nominated medical adviser or medical specialist who carried out the assessment.

(4)The employer must—

(a)give the nominated medical adviser who gave the employer the original health assessment report a copy of the further health assessment report; and

(b)ask the nominated medical adviser to—

(i)review the original health assessment report having regard to the further health assessment report; and

(ii)give both the employer and worker a report about the review.

(5)The worker must pay for the further health assessment.

48A   Conflicting health assessment reports

(1)This section applies if—

(a)a health assessment report and a further health assessment report about a coal mine worker contain conflicting information about whether the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk; and

(b)the worker or the employer, within 28 days of being given a report under section 48(4)(b)(ii) (the review report), gives assessment documents for the worker to the chief executive and—

(i)if the worker gives the documents—the employer; or

(ii)if the employer gives the documents—the worker.

(2)The chief executive must appoint a relevant medical specialist to prepare a report (a final report) after the relevant medical specialist—

(a)reviews—

(i)a copy of the approved form completed for the health assessment under section 46(3); and

(ii)the further health assessment report; and

(iii)the review report; and

(b)if the relevant medical specialist decides it is necessary—carries out another assessment of the worker’s health or a medical examination of the worker to resolve the conflict in the reports.

(3)The relevant medical specialist must not be the person who prepared the health assessment report or the further health assessment report in relation to the worker.

(4)The chief executive must give a copy of the final report to the worker and the employer.

(5)The chief executive must pay for—

(a)the preparation of the final report; and

(b)any assessment of the worker’s health or medical examination of the worker carried out by the relevant medical specialist for the final report.

(6)The employer may take action to terminate the worker’s employment or demote the worker only if—

(a)the relevant medical specialist asks the worker to submit to another assessment or medical examination under subsection (2)(b) and the worker does not undergo the assessment or examination when given a reasonable opportunity to do so; or

(b)the final report shows the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.

(7)In this section—

assessment documents, about a conflict relating to a worker, means the following documents—

(a)a written notice about the conflict;

(b)a copy of the health assessment report, further health assessment report and review report prepared in relation to the worker.

further health assessment report means a report given under section 48(3)(b).

49   Monitoring for workers’ exposure to hazards

(1)A coal mine’s safety and health management system must provide for periodic monitoring of the level of risk from hazards at the mine that are likely to create an unacceptable level of risk.

(2)The system must also provide for notice of any appreciable increase in the level of risk to a coal mine worker at the mine to be given to the worker’s employer.

(3)An employer who is given a notice under subsection (2) must give a copy of the notice to the employer’s nominated medical adviser.

(4)An employer must ensure that, if a coal mine worker employed by the employer is exposed to a hazard at a coal mine that may increase the level of risk to the worker, the worker’s exposure to the hazard is periodically monitored to assess the level of risk to the worker.

(5)In this section—

risk means a risk likely to affect a person’s health.

49A   Retirement examination may be asked for

(1)This section applies to a person who permanently retires from working as a coal mine worker.

(2)The person may ask the employer for a retirement examination to be carried out—

(a)during the 6 month period that begins 3 months before the person retires; and

(b)at a time, or times, during that period when the person is available for the examination.

(3)If a person asks for a retirement examination under subsection (2), the employer must—

(a)arrange for the retirement examination to be carried out within the period mentioned in subsection (2)(a); and

(b)ask the nominated medical adviser to give—

(i)a retirement examination report to the employer; and

(ii)a copy and explanation of the report to the person; and

(c)ensure, before an explanation of the report from the nominated medical adviser is given to the employer, the person agrees to the explanation being given and is present.

(4)The nominated medical adviser must comply with a request under subsection (3)(b).

(5)A retirement examination must be carried out—

(a)in accordance with all instructions, and covering all matters, stated in the approved form; and

(b)by, or under the supervision of, the nominated medical adviser.

(6)This section does not apply if the person—

(a)worked as a coal mine worker for less than 3 years; or

(b)had, during the 3 years before the person retired, a health assessment that complied with section 46A and included—

(i)a chest x-ray examination; and

(ii)an examination of the person’s respiratory function; and

(iii)if the results of 1 or more previous respiratory function examinations of the person were available—a comparative assessment of the person’s respiratory function.

49B   Other matters about retirement examinations

(1)Each examination carried out as part of a retirement examination must be performed by a person qualified and competent to conduct the examination.

(2)A medical examination of a person carried out by a doctor other than the nominated medical adviser is taken to be a retirement examination carried out by the nominated medical adviser under section 49A if—

(a)both of the following apply—

(i)the medical examination is carried out in accordance with all instructions, and covering all matters, stated in the approved form mentioned in section 49A(5)(a); and

(ii)the nominated medical adviser gives the employer a retirement examination report about the examination; or

(b)the medical examination is for another purpose and the nominated medical adviser—

(i)is satisfied the examination is equivalent to a retirement examination; and

(ii)gives the employer a retirement examination report about the examination.

(3)The employer must pay for the following—

(a)the retirement examination or medical examination;

(b)the retirement examination report about the examination to be prepared, and the copy and explanation of the report.

Maximum penalty—100 penalty units.

(4)Subsection (3) is not a safety and health obligation for the Act.

Subdivision 4 Records

50   Records about health assessments and retirement examinations

(1)Subject to subsection (2), a nominated medical adviser must, on behalf of the chief executive, keep the following records for each health assessment or retirement examination carried out by the nominated medical adviser under this division or taken to be carried out under section 46B(4) or 49B(2)—

(a)the data on which the assessment or examination was based;

(b)a copy of the approved form completed for the assessment or examination.

(2)As soon as practicable after obtaining an original chest x-ray and x-ray report, the nominated medical adviser must give the x-ray and a copy of the report to the chief executive.

(3)As soon as practicable after completing a report about a health assessment, retirement examination or medical examination, the nominated medical adviser must give a legible copy of the approved form completed for the assessment or examination and the data or information on which it was based to the chief executive.

51   Ownership of health assessment records

A record kept by the nominated medical adviser under section 50(1) is a record of the department.

52   Confidentiality of medical record

(1)A person must not disclose to anyone, other than under this section, the contents of a coal mine worker’s medical record obtained by the person under this division.

Maximum penalty—100 penalty units.

(2)A nominated medical adviser may disclose the contents of the record to the coal mine worker or someone with the worker’s written consent.

Example of someone with the worker’s written consent—

the worker’s representative at the mine

(3)The chief executive must disclose the contents of the record to the worker if the worker gives the chief executive a written request for the record.

(4)The chief executive may disclose the contents of the record—

(a)with the written consent of the worker, to a doctor, hospital or other person; or

(b)to a person for research purposes, but only if the identity of the worker is protected.

(5)Despite subsection (4)(a), the chief executive may disclose the contents of the record to a doctor or hospital without the worker’s consent if—

(a)the doctor or hospital needs to obtain the contents to treat the worker; and

(b)the worker is unable to give the consent.

(6)Subsection (1) is not a safety and health obligation for the Act.

(7)In this section—

coal mine worker includes a person who has permanently retired from working as a coal mine worker.

medical record, of a coal mine worker, means personal medical results or clinical findings obtained from a health assessment or retirement examination of the worker.

53   Records of monitoring for workers’ exposure to hazards

(1)The site senior executive must ensure a record about monitoring carried out under section 49 is kept for 30 years after it is made or the lesser period agreed with the chief executive.

(2)The employer of a coal mine worker for whom monitoring is carried out under section 49(4), or another person agreed between the employer and the chief executive, must keep a record about the monitoring for 30 years after it is made or the lesser period agreed with the chief executive.

(3)In agreeing to a lesser period under subsection (1) or (2), the chief executive must have regard to information held by the department about the matter the subject of the record.

Part 7    Hazardous substances

54   Meaning of hazardous substance

A hazardous substance is a substance—

(a)listed as a designated hazardous substance in NOHSC’s document entitled ‘List of Designated Hazardous Substances [NOHSC:10005]’; or

(b)meeting the criteria stated in NOHSC’s document entitled ‘Approved Criteria for Classifying Hazardous Substances [NOHSC:1008]’.

55   Hazardous substance register

(1)The site senior executive must ensure the mine has a register of hazardous substances used at the mine.

(2)The register must—

(a)either—

(i)contain the material safety data sheet for each hazardous substance; or

(ii)a safety data sheet for each hazardous substance; and

(b)be kept at the mine in a location that is easily accessible by each coal mine worker at the mine.

(3)The material safety data sheet must comply with NOHSC’s document entitled ‘National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC:2011]’.

(4)In this section—

safety data sheet means a document sufficient to comply with a safety data sheet under the Work Health and Safety Regulation 2011 if that regulation applied for the purposes of this regulation.

56   Using hazardous substances

(1)A coal mine must have a standard operating procedure for using hazardous substances at the mine.

(2)The procedure must include provision for—

(a)purchasing, selecting, storing, using, moving, decanting and disposing of hazardous substances; and

(b)appropriate first aid for a person affected by a hazardous substance.

57   Possible major hazard facilities

(1)This section applies to a coal mine that meets the criteria for a major hazard facility under NOHSC’s document entitled ‘National Standard for the Control of Major Hazard Facilities [NOHSC:1014]’.

(2)The mine’s safety and health management system must provide for the mine’s operations to be carried out in accordance with—

(a)this regulation; and

(b)for operations other than the preparation and use of explosives at a blast site—the national standard safety and health provisions—

(i)to the extent the provisions are consistent with the Act and this regulation; and

(ii)as if a reference in the provisions to the relevant public authority were a reference to the chief inspector of mines.

(3)In this section—

national standard safety and health provisions means sections 6 to 10 of the document mentioned in subsection (1).

Part 8    Mine plans and other information about mines

58   Accuracy of plans and information

(1)If it is not practicable for a plan of coal mine workings to accurately show the details mentioned in section 67(1)(a) of the Act, the site senior executive must ensure the parts of the plan containing the details for which accuracy is not practicable are clearly marked.

(2)The site senior executive must ensure information kept at the mine under section 67(1)(c) and (d) of the Act is sufficiently accurate to achieve an acceptable level of risk in the mine’s coal mining operations.

59   Survey grid system

The site senior executive must ensure—

(a)a datum station, referenced to GDA and AHD, is established near the mine for mine surveys; and

(b)if a local grid system is used for the surveys, the relationship between the grid system and GDA and AHD is established and shown on the survey plans.

60   Record of drilling activities

(1)This section applies to a coal mine where the only activities carried on are principally for, or in connection with, exploring for coal.

(2)The site senior executive must ensure a record, complying with this section, of all boreholes for exploration or fluid drainage that are drilled from the surface is made and given to—

(a)the holder for the mine; and

(b)the chief executive.

(3)The record must include the following information—

(a)the accurate location of each borehole collar;

(b)the depth and thickness of each coal seam intersected;

(c)if a borehole is not vertical—details of its bearing, dip angle and length;

(d)the location, nature and dimensions of any metallic, radioactive or other potentially harmful material left in any borehole.

(4)Plans and information required to be kept at the mine under section 67 of the Act must include the information contained in the record.

60A   Borehole abandonment record

(1)This section applies if, during an annual reporting period—

(a)a borehole is abandoned at a coal mine; and

(b)prescribed equipment is left in, or immediately adjacent, to a coal seam in the borehole.

(2)The site senior executive must ensure a record complying with this section is made and given to the chief executive within 2 months after the last day of the annual reporting period.

(3)The record must include each of the following—

(a)details of the casing and equipment left in the borehole, with diagrams showing the major dimensions and features of the casing and equipment;

(b)a full description of all equipment, including prescribed equipment, that is left in the borehole, including—

(i)the size and nature of the equipment; and

(ii)any features of the equipment that may cause a hazard to coal mining operations;

Example of features that may cause a hazard to coal mining operations—

aluminium, electronics or batteries

(c)for prescribed equipment—the surveyed location of the equipment as required under section 100(1)(a);

(d)the method of the cementing operations carried out in or on the borehole, including each of the following—

(i)the location and type of plugs;

(ii)the intervals covered;

(iii)the volume and type of cement used;

(iv)any losses of cement due to voids or permeable strata;

(v)the methods used to overcome losses of cement;

(e)the method, materials and volume of cement used to cement voids;

(f)a description of any other abandonment procedures used for the borehole;

(g)any other details of the activities undertaken in drilling, completing and abandoning the borehole, including an assessment of their possible impacts, that would assist a person in making an assessment of potential risks to safe and efficient mining.

(4)In this section—

annual reporting period, for a mining tenure, means a period of 1 year starting on each anniversary of the day the tenure was granted.

prescribed equipment means—

(a)metal equipment, including casing; and

(b)any other equipment that may create a hazard to coal mining operations.

61   Plans of coal mine workings

(1)The site senior executive must ensure survey plans of the mine’s workings include the following matters that may affect the safety and health of a person in the workings—

(a)the location of natural and artificial structures;

(b)surface drill holes.

(2)The site senior executive must also ensure the plans are sufficient to correlate separate sets of workings at the mine, including abandoned workings, to allow the safe management of interfacing between the workings.

(3)Also, the site senior executive must ensure plans of the mine’s workings include—

(a)the following matters that may affect the safety and health of a person in the area of an adjacent or overlapping petroleum lease—

(i)the surveyed location of all abandoned mining equipment, including, for example, mobile plant and conveyors;

(ii)the surveyed location and other details of all known incidents of spontaneous combustion; and

(b)the following data or information obtained in relation to mining through part of a coal seam that has been stimulated—

(i)the location of the stimulation;

(ii)the observed extent and impact of the stimulation on the coal seam;

(iii)the observed effect of the stimulation on the mineability of the coal seam.

(4)In this section—

stimulation means a technique used to increase the permeability of a coal seam, including, for example, hydraulic fracturing, cavitations, fracture acidising, and the use of proppant treatments.

62   Plans of highwall mining underground excavation

To remove doubt, it is declared that, for section 67(1)(a)(i) of the Act, the extent of mine workings and the current position of any part of mine workings includes the extent and position of each highwall mining underground excavation at the mine.

63   Mine rescue plan

(1)The site senior executive must ensure a mine rescue plan showing the mine’s water reticulation and communication arrangements and main access roads is kept at the mine.

(2)For an underground mine, the plan must also show the following—

(a)the location of each—

(i)entry to the mine workings; and

(ii)ventilation fan installation;

(b)each access road to the mine surface infrastructure;

(c)each surface installation, administration building and other infrastructure.

(3)The scale of the plan must be sufficient to enable it to be overlaid on the plan of the mine workings.

(4)In an emergency, the site senior executive must make available to the mine rescue team a sufficient number of copies of the plan at a scale suitable for use by the team in the emergency.

Part 9    Personal protective equipment

64   Providing personal protective equipment

A coal mine operator must—

(a)provide, for the mine’s coal mine workers, personal protective equipment that is—

(i)appropriate for the hazards associated with the workers’ tasks; and

(ii)sufficient for the number of workers carrying out the tasks; and

(b)ensure the equipment is readily available for use by the workers.

Example of personal protective equipment for paragraph (a)—

safety helmets and boots

65   Standard operating procedure

(1)A coal mine must have a standard operating procedure for using personal protective equipment for a task at the mine.

(2)The procedure must include provision for the following—

(a)training workers in—

(i)selecting appropriate personal protective equipment for the task; and

•displaying the election notice on noticeboards at the coal mine, or the part of the coal mine, for which the election is being held

(2)The election notice must—

(a)state the name and contact details of the returning officer for nominations; and

(b)list the functions and required health and safety competencies of a site safety and health representative; and

(c)call for nominations from eligible nominees as candidates for election as a site safety and health representative; and

(d)include the following information—

(i)the place where nomination forms may be obtained;

(ii)the nomination closing time;

(iii)the place where nomination forms must be lodged;

(iv)that a nominee may appoint a scrutineer; and

(e)state the day and time (the election time) for the election; and

(f)identify the place (the polling site) where coal mine workers may vote; and

(g)include information about obtaining and returning ballot papers if a voter will be absent from the polling site at the election time; and

(h)identify the place where the votes will be counted.

(3)The period of time for the election must be reasonable having regard to the following—

(a)the size and geographic spread of the coal mine, or the part of the coal mine, for which the election is being held;

(b)the number of voting locations for the election;

(c)the type of shift work undertaken at the coal mine, or the part of the coal mine, for which the election is being held.

5   Nominations

(1)A nomination by a coal mine worker must be endorsed by another coal mine worker.

(2)The period of time between the publication of the election notice and the nomination closing time must be reasonable having regard to the following—

(a)the size and geographic spread of the coal mine, or the part of the coal mine, for which the election is being held;

(b)the type of shift work undertaken at the coal mine, or the part of the coal mine, for which the election is being held.

(3)However, the period between the publication of the election notice and the nomination closing time must be at least 21 days.

(4)Nominations must—

(a)include the following information—

(i)the full name of the nominee;

(ii)the form in which the nominee’s name is to appear on the ballot paper, if different to the nominee’s full name;

(iii)the contact details for the nominee;

(iv)the name and signature of the coal mine worker endorsing the nomination; and

(b)be signed by the nominee; and

(c)be lodged with the returning officer.

(5)If the returning officer for nominations considers a nomination by an eligible nominee does not meet the requirements of this section, the returning officer must notify the person and, as far as is reasonably practicable, give the person an opportunity to correct the nomination.

(6)If the returning officer for nominations notifies an eligible nominee of a defect in the person’s nomination and the person does not correct the defect before the nomination closing time, the returning officer must reject the nomination.

(7)An eligible nominee may, by written notice given to the returning officer for nominations, withdraw the person’s nomination at any time before the nomination closing time.

6   No election if no nominations received

(1)This section applies if, at the nomination closing time, no nominations are received for an election of site safety and health representatives.

(2)The returning officer for the ballot need not conduct a ballot for the election of site safety and health representatives.

(3)The returning officer for the ballot must—

(a)declare no site safety and health representatives have been elected; and

(b)within 14 days after the nomination closing time, give the site senior executive and the chief inspector written notice that—

(i)no nominations were received; and

(ii)no site safety and health representatives have been elected.

7   Election of unopposed candidate

(1)This section applies if there is only 1 candidate for an election of site safety and health representatives.

(2)The returning officer for the ballot need not conduct a ballot for the election of site safety and health representatives.

(3)The candidate for the ballot is taken to have been elected unopposed.

(4)The returning officer for the ballot must—

(a)declare the candidate to be elected; and

(b)within 14 days after the nomination closing time, give the site senior executive and the chief inspector written notice that the candidate has been elected unopposed.

8   Notice of returning officer for ballot

If the returning officer for the ballot is not the same person as the returning officer for nominations, the returning officer for the ballot must prepare and display a notice at the polling site—

(a)identifying the returning officer for the ballot; and

(b)stating the contact details for the returning officer for the ballot.

9   Ballot papers

(1)A ballot paper must include the following information—

(a)the name of the coal mine, or the part of the coal mine, to which the election relates;

(b)the initials or other authenticating mark of the returning officer for the ballot;

(c)instructions for marking the ballot paper;

(d)instructions for returning the ballot paper;

(e)the name of and contact details for the returning officer for the ballot;

(f)the name of each candidate, listed in alphabetical order;

(g)a separate question as to whether the voter wants 1 or 2 safety and health representatives for the mine or part of the mine;

(h)a separate question as to the term of appointment of a site safety and health representative.

(2)The name of each candidate must appear on a ballot paper in the form provided to the returning officer by the relevant candidate in the candidate’s nomination form.

(3)A ballot paper must not include any information about the candidate other than the candidate’s name.

10   Voting

(1)Voting in the election is not compulsory.

(2)Proxies are not allowed.

(3)A voter may vote for a candidate by—

(a)marking the ballot paper in the way described in the instructions on the ballot paper; and

(b)returning the ballot paper to the returning officer for the ballot by the election time.

(4)A ballot paper is invalid if a voter marks the ballot paper in a way that prevents a reasonable interpretation of the intention of the voter.

(5)A ballot paper is not invalid only because the voter has not indicated a preferred term of appointment for the site safety and health representatives.

11   Scrutineers

(1)Each candidate may nominate 1 coal mine worker on the roll of voters to act as a scrutineer and represent the candidate’s interests in the ballot.

(2)A scrutineer—

(a)must be appointed by the candidate in writing; and

(b)can not be a candidate in the ballot; and

(c)may be present at any stage in the ballot.

(3)A scrutineer may undertake the following functions—

(a)countersign seals or put the scrutineer’s own seal on ballot boxes;

(b)inspect the roll of voters;

(c)notify the returning officer for the ballot of any irregularities in—

(i)the roll of voters; or

(ii)the distribution of the ballot papers; or

(iii)the acceptance of ballot papers; or

(iv)the counting of the votes.

12   Returning officer for ballot to count votes

(1)At, or as soon as practicable after, the election time, the returning officer for the ballot must—

(a)check whether the person from whom the ballot paper was received is a voter; and

(b)accept each valid ballot paper and reject each invalid ballot paper; and

(c)count and record the number of votes for each candidate on the formal ballot papers; and

(d)count and record the number of votes for the election of—

(i)only 1 site safety and health representative; and

(ii)2 site safety and health representatives; and

(e)count and record the votes for the term of appointment of a site safety and health representative.

(2)The returning officer may appoint a person as an assistant to help the returning officer examine the ballot papers and count the votes.

(3)However, the returning officer must not appoint as an assistant a person who is—

(a)a candidate; or

(b)a scrutineer appointed by a candidate.

13   Declaration and notification of election results

(1)The returning officer for the ballot must declare—

(a)if more than 50% of votes cast indicate a preference for only 1 site safety and health representative for the mine, or part of the mine—there is to be only 1 site safety and health representative for the mine, or part of the mine; or

(b)otherwise—there are to be 2 site safety and health representatives for the mine, or part of the mine.

(2)After making a declaration under subsection (1), the returning officer for the ballot must declare how many site safety and health representatives are to be elected.

(3)If only 1 site safety and health representative is to be elected, the returning officer for the ballot must declare the candidate who achieves the highest number of votes as having been elected.

(4)If 2 site safety and health representatives are to be elected, the returning officer for the ballot must declare the following candidates as having been elected—

(a)the candidate who achieves the highest number of votes;

(b)the candidate who achieves the second highest number of votes.

(5)The returning officer for the ballot must declare the term of appointment of a site safety and health representative to be the median of the terms for which voters have voted.

(6)The returning officer for the ballot must, within 14 days after the ballot closing, declare the result of the election by giving written notice of the result to the site senior executive and the chief inspector.

Schedule 1C Types of high potential incidents for section 198(2)(b) of the Act

section 13

1an unplanned ignition of gas, dust, or a combination of gas and dust

2the spontaneous combustion of coal or other material in an underground mine

3the entrapment of a person

4an electric shock to a person

5an unplanned event causing the withdrawal of a person from the mine or part of the mine

6an abnormal circumstances declaration

7an unplanned event that causes only 1 escapeway from the mine to be available for use

8a fire on a vehicle or plant

9an incident involving an explosive

10a following incident that endangers the safety or health of a person—

(a)a fire;

(b)a ventilation failure causing a dangerous accumulation of methane or other gas;

(c)an inrush;

(d)a coal or rock outburst;

(e)damage to, or failure of, haulage equipment used to transport a person in a shaft or slope;

(f)an unplanned movement of, or failure to stop, a vehicle or plant;

(g)the failure in service of explosion protection of explosion-protected equipment;

(h)a failure of electrical equipment or an electrical installation;

(i)an unplanned ignition or explosion of a blasting agent or explosive;

(j)a failure of strata control;

(k)the exposure of a person to a hazardous substance;

(l)an unforeseen hazard requiring a review of the mine’s safety and health management system;

(m)the unplanned immersion of a person in liquid;

(n)an unplanned movement of earth or coal;

(o)a structural failure of equipment;

(p)a collision involving a vehicle or plant

Schedule 1 Diseases for section 198(6) of the Act

section 13A

Column 1	Column 2
Disease	Circumstances
chronic obstructive pulmonary disease	When— (a)  contracted by a person who— (i)  is or was a coal mine worker at a coal mine; and (ii)  was exposed to dust at the mine; and (b)  a nominated medical adviser or another doctor has confirmed the diagnosis.
coal workers’ pneumoconiosis	When— (a)  contracted by a person who— (i)  is or was a coal mine worker at a coal mine; and (ii)  was exposed to coal dust at the mine; and (b)  a nominated medical adviser or another doctor has confirmed the diagnosis.
legionellosis	When— (a)  contracted by a person who— (i)  is or was a coal mine worker at a coal mine; and (ii)  was exposed to a causative agent for legionellosis at the mine; and (b)  a nominated medical adviser or another doctor has confirmed the diagnosis.
silicosis	When— (a)  contracted by a person who— (i)  is or was a coal mine worker at a coal mine; and (ii)  was exposed to crystalline silica dust at the mine; and (b)  a nominated medical adviser or another doctor has confirmed the diagnosis.

Schedule 2 Types of serious accidents and high potential incidents for sections 200(1) and 201(1) of the Act

section 14

Part 1    Types for section 200(1)

   

1an incident causing the death of, or a serious bodily injury to, a person

2an unplanned ignition of gas, dust, or a combination of gas and dust

3damage to, or failure of, haulage equipment used to transport a person in a shaft or slope, if the damage or failure causes a hazard

4the failure in service of explosion protection of explosion-protected equipment

5a failure of electrical equipment or an electrical installation causing an electric shock to a person

6an unplanned ignition or explosion of a blasting agent or explosive

7a major structural failure of equipment, if the failure causes a hazard

Part 2    Types for section 201(1)

   

1an unplanned ignition of gas, dust, or a combination of gas and dust

2the spontaneous combustion of coal or other material in an underground mine

3an inrush

4the failure in service of explosion protection of explosion-protected equipment

5an electric shock to a person

6an unplanned ignition or explosion of a blasting agent or explosive

7a major failure of strata control

8the entrapment of a person

9an abnormal circumstances declaration

10a major structural failure of equipment

Schedule 2A Prohibited substances

section 100A

Column 1 Prohibited substance	Column 2 Prohibited purpose
amosite, crocidolite, fibrous anthophyllite, tremolite or actinolite	all uses, other than sampling, analysis, maintenance, removal, disposal, encapsulation or enclosure
chrysotile, other than chrysotile occurring in a product or item exempted under NOHSC’s document entitled ‘National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005]’, schedule 2	all uses, other than research, analysis, removal or disposal
compressed natural gas, hydrogen, liquid petroleum gas, petrol	use underground in an internal or external combustion engine

Schedule 3 Chapter 4 provisions applying while abnormal circumstances declaration is in force

section 124

1part 2—

•section 152

2part 4—

•divisions 1 and 2, other than sections 162 and 166

•division 3, other than sections 169 and 171

3part 6

4part 7—

•sections 227 and 228

5part 8—

•sections 259 to 261

•division 5

6part 9—

•sections 286 to 289, 292 and 294

7part 10—

•sections 307 to 311, 316, 321, 323 and 324

8part 11—

•sections 344(1)(a) and (b)(iii), (2) and (3), 349 and 366

9part 12

Schedule 4 Ventilation control devices and design criteria

section 350(1) and schedule 9, definition type

Column 1 Ventilation control device	Column 2 Design criteria
brattice line or temporary stopping	antistatic and fire resistant
mine entry airlock	capable of withstanding an overpressure of 70kPa while it is open
separation stopping for a primary escapeway	antistatic, fire resistant and of substantial construction providing for minimal leakage
stopping, overcast or regulator installed as part of the main ventilation system	capable of withstanding an overpressure of 35kPa
stopping, overcast or regulator installed as part of the ventilation system for a panel	capable of withstanding an overpressure of 14kPa during the life of the panel
type B seal	capable of withstanding an overpressure of 35kPa
type C seal	capable of withstanding an overpressure of 140kPa
type D seal	capable of withstanding an overpressure of 345kPa
type E seal	capable of withstanding an overpressure of 70kPa
ventilation ducting	antistatic and fire resistant

Schedule 5 Matters to be covered in inspections

section 309(3)(b)(i)

1the presence of flammable gases or contaminants in the atmosphere

2the adequacy of the following—

(a)ventilation;

(b)coal dust inertisation;

(c)emergency, first aid and fire fighting equipment

3the condition of the following—

(a)ventilation control devices;

(b)auxiliary fans;

(c)surfaces over which persons may travel or vehicles may be driven;

(d)the support for the roof and sides of the workings

4the stability of roadways in the workings

5indications of heating or fire

6abnormal water inflow

7plant malfunction

8the proper functioning of communication and monitoring systems

9excessive accumulation of mud, water or coal

10thermal environmental conditions

Schedule 6 General body concentrations for atmospheric contaminants

sections 343(1)(a), 359 and 361(1)

Column 1 Contaminant	Column 2 Long-term exposure limit concentration	Column 3 Maximum exposure limit concentration
acetaldehyde	100ppm	150ppm
carbon monoxide	30ppm	—
formaldehyde	1ppm	2ppm
hydrogen sulphide	10ppm	15ppm
mineral oil mist	5mg/m3	—
nitric oxide	25ppm	—
nitrogen dioxide	3ppm	5ppm
nitrous oxide	25ppm	—
sulphur dioxide	2ppm	5ppm
vegetable oil mist	10mg/m3	—
welding fumes	5mg/m3	—

Schedule 7 Prescribed tasks for section 76(3)(a) of the Act

section 371

1carrying out electrical activities and electrical work

2certifying survey plans for—

(a)surface mines; or

(b)underground mines

3controlling and managing the following—

(a)electrical engineering activities;

(b)mechanical engineering activities

4operating the following—

(a)explosive-powered tools;

(b)winders and slope haulages

5repairing, overhauling and maintaining the following—

(a)explosion-protected electrical, or mechanical, equipment;

(b)electrical equipment on underground mobile plant

6the tasks of the following persons at a surface coal mine—

(a)a person charging and firing explosives;

(b)a person handling explosives

7the tasks of the following persons at an underground mine—

(a)a shotfirer;

(b)an assistant shotfirer;

(c)a fire officer;

(d)a ventilation officer

8training and assessing mine workers

9carrying out respirable dust sampling at a coal mine in accordance with AS 2985

Editor’s note—

AS 2985 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’

Schedule 8 Board of examiners’ fees

section 372

$
1	Application for assessment for a first class, or second class, certificate of competency	41.00
2	Application for assessment for a deputy’s, or open-cut examiner’s, certificate of competency	24.30
3	Issuing a copy of a certificate of competency to replace a lost, destroyed or defaced certificate	7.90

Schedule 9 Dictionary

section 3

abandoned, for a borehole, means the borehole—

(a)is no longer required for the purpose for which it was drilled; and

(b)is not required for any other operational or investigative purpose.

abnormal circumstances declaration means a declaration made under section 120.

adjacent petroleum lease, for coal mining operations, see section 12A(a)(ii).

AHD means the Australian height datum adopted by the National Mapping Council of Australia for referencing a level or height back to a standard base level.

aided escape means an escape process in which persons on the surface of a coal mine help workers escape from underground at the mine.

AS means Australian Standard published by Standards Australia.

AS 1939 means AS 1939 ‘Degrees of protection provided by enclosures for electrical equipment (IP Code)’.

asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including the following—

(a)actinolite asbestos;

(b)grunerite (or amosite) (brown) asbestos;

(c)anthophyllite asbestos;

(d)chrysotile (white);

(e)crocidolite (blue);

(f)tremolite asbestos;

(g)a mixture containing 1 or more of the minerals mentioned in paragraphs (a) to (f).

Note—

Paragraphs (a), (b), (c) and (f) mention mineral silicates that use the same mineral term for both the asbestiform and nonasbestiform varieties. The word ‘asbestos’ has been included when listing these minerals to emphasise that only the asbestiform habit of these minerals is regulated as asbestos.

asbestos material means installed thermal or acoustic insulation material comprising or containing asbestos.

AS/NZS means a standard published jointly by Standards Australia and Standards New Zealand.

authorised activities operating plant, for chapter 2, part 2, division 5—see section 12BA.

automatic methane detector means a methane detector that automatically activates a visible alarm and trips the electricity supply when the methane concentration in the atmosphere reaches a particular level.

auxiliary fan means a fan, other than a cooling fan for equipment or scrubber fan, used underground to direct ventilation in a part of an underground mine.

booster fan means an auxiliary fan installed in a way that the total ventilation flow where it is installed passes through it.

causative agent, for a disease, means an agent that causes the disease.

certified, for a thing or type of thing, means certified by a nationally accredited testing station for the thing or type.

chest x-ray examination means an examination of an x-ray taken of a person’s chest—

(a)for the purpose of screening for indications of pneumoconioses; and

(b)performed in accordance with the Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses, Revised edition 2011.

Editor’s note—

The Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses, Revised edition 2011 is available at the International Labour Organization’s website.

chief inspector, petroleum and gas means the chief inspector under the Petroleum and Gas (Production and Safety) Act.

circuit protection device includes an earth leakage, earth fault, short circuit and overcurrent device.

comparative assessment, of a person’s respiratory function, means a comparison of the results of an examination of the person’s respiratory function to the results of available previous respiratory function examinations of the person for the purpose of identifying trends.

construction work means work connected with driving or excavating drifts, shafts, dump stations, bins, or other large excavations, not normally associated with underground coal mining operations.

cut-through means a tunnel driven in a coal seam to connect adjacent headings.

danger tag means a tag warning of a particular danger.

direct contact means in contact with an exposed conductor or an exposed part of an electrical article with bare hands or another part of the body or by a conductive tool.

election time see schedule 1B, section 4(2)(e).

electrical activity—

1Electrical activity means the following—

(a)installing, maintaining, repairing, testing or disconnecting electrical equipment or an electrical installation for coal mining operations;

(b)operating the electrical equipment or electrical installation.

2Electrical activity does not include the following—

(a)operational switching;

(b)connecting or disconnecting electrical equipment using a jacking type restrained connector with pilot wire protection underground;

(c)simple push button testing of earth leakage breakers or similar tasks.

electrical engineering manager means a person appointed to control and manage a coal mine’s electrical engineering activities under—

(a)for an underground mine—section 60(10) of the Act; or

(b)for a surface mine—section 111.

electrical equipment means an item used for generating, converting, transmitting, distributing or using electrical energy.

electrical work—

1Electrical work means installing, repairing, testing or disconnecting electrical components of electrical equipment and electrical installations.

2Electrical work does not include connecting or disconnecting electrical equipment using a jacking type restrained connector with pilot wire protection underground.

eligible nominee means a coal mine worker who, at the nomination closing time, is a coal mine worker at the coal mine, or the part of the coal mine, for which the election of a site safety and health representative is being held.

employer means an employer of a coal mine worker.

ERZ means an explosion risk zone.

ERZ1 see section 288.

ERZ0 see section 287.

ERZ controller, for an ERZ, means a person appointed for the ERZ under section 60(9) of the Act.

escapeway see section 296(1).

examination, of a person’s respiratory function, includes spirometry and auscultation.

explosion protection category Ex ia means explosion protection category Ex ia under AS 2380.7 ‘Electrical equipment for explosive atmospheres—Explosion-protection techniques—Intrinsic safety i’, section 1.6.2.

explosion protection category Ex l means explosion protection category Ex l under AS/NZS 62013.1 ‘Caplights for use in mines susceptible to firedamp’, section 3.3.

explosion protection category Ex s means explosion protection category Ex s under AS 1826 ‘Electrical equipment for explosive atmospheres—Special protection—Type of protection s’, section 4.3.

explosion risk zone means 1 of the following—

(a)an ERZ0;

(b)an ERZ1;

(c)a NERZ.

exposed, to a substance, means exposed to the risk of absorbing the substance—

(a)by ingestion or inhalation; or

(b)through the skin or mucous membrane.

extra low voltage means a voltage of—

(a)50V or less a.c. r.m.s; or

(b)120V or less ripple-free d.c.

fixed, for equipment, means installed in a particular place and not normally moved.

gas alarm level, for a mine, means a value or ratio for gas stated as a gas alarm level in the mine’s principal hazard management plan under section 224.

GDA means Geocentric Datum of Australia which is a system of earth-centred datum used for mapping.

general body concentration, for gas in an underground mine or part of an underground mine, means the concentration of gas measured at a representative location in the mine or part.

heading means a tunnel driven in a coal seam in the main direction of the mining operation.

health assessment means an assessment of a person’s health under section 46.

health assessment report means a report, in the approved form, about a health assessment, or medical examination taken to be a health assessment under section 46B(4), of a person.

high voltage means a voltage greater than low voltage.

highwall mining means mining conducted by remote controlled equipment that drives an underground excavation from the surface into a coal seam.

hot work means welding, soldering, heating, cutting, grinding or vulcanising in which the surface temperature of the work, or a tool used for the work, is likely to exceed 150ºC.

identify, for a hazard, means establish the presence of the hazard by a risk assessment process.

indirect contact means in contact with an exposed conductor or an exposed part of an electrical article by an insulated tool or insulating equipment.

inrush means an unplanned or uncontrolled flood of liquid, gas or material that has the potential to create a hazard.

inspection district, for an underground mine, see section 312(2).

involved union see section 12L(8).

issue, an explosive, does not include merely deliver the explosive.

live testing—

1Live testing, of electrical equipment or an electrical installation, means testing the equipment or installation while—

(a)some or all of it is energised; and

(b)live conductors may be exposed.

2However, the term does not include testing the equipment or installation, under an isolation procedure, for zero potential.

lockout earth fault current protection device means a device that prevents a circuit being energised if the insulation resistance to earth of 1 or more of the circuit’s conductors is below a predetermined value.

low risk task means a task shown by a risk assessment to create a risk that is so minimal it can be managed effectively without requiring the worker to undergo a health assessment.

low voltage means a voltage greater than extra low voltage, but not more than 1200V a.c. r.m.s. or 1500V ripple-free d.c.

mine road, for a surface mine, means a road at a coal mine used for transporting coal, waste material, or rehabilitation material in the mining operations.

mines rescue person means a person who is—

(a)trained under a mines rescue training program mentioned in section 232(a)(ii) of the Act; and

(b)carrying out mines rescue services under a mines rescue agreement.

mining activities, for a surface mine, means activities that relate to the winning of coal and include the following—

(a)preparing for the extraction of overburden or coal;

(b)preparing and firing shots;

(c)loading and transporting overburden or coal;

(d)dumping overburden on spoil heaps.

mobile plant means plant capable of being moved under its own power.

Example—

draglines, shovels, excavators and trucks

NERZ see section 289.

NOHSC means the National Occupational Health and Safety Commission under the National Occupational Health and Safety Commission Act 1985 (Cwlth).

nominated medical adviser see section 45.

nomination closing time means the day and time when nominations for election as a site safety and health representative for a coal mine close.

normal travel means travel carried out other than in an emergency.

normal work means work carried out other than in an emergency.

open-cut examiner means a person appointed as an open-cut examiner under section 59 of the Act.

overlapping area, for chapter 2, part 2, division 5—see section 12BA.

overlapping petroleum lease, for coal mining operations, see section 12A(a)(i).

personal protective equipment includes clothing, equipment or a device designed to protect a person from harm.

Example of personal protective equipment—

a seat belt, fall arresting device or buoyancy device

Petroleum and Gas (Production and Safety) Act means the Petroleum and Gas (Production and Safety) Act 2004.

petroleum lease means a lease under the Petroleum Act 1923 or a petroleum lease under the Petroleum and Gas (Production and Safety) Act.

portable, for equipment or plant, means equipment or plant intended to be held in the hand during use or which is capable of being carried by 1 person.

prescribed site safety and health representative election process means the process set out in schedule 1B.

previous respiratory function examination, in relation to a health assessment or a retirement examination of a person, means an examination of the person’s respiratory function performed, by a person qualified and competent to conduct the examination, before the health assessment or retirement examination.

prospective touch voltage means the highest voltage a person is liable to be exposed to if the person contacts simultaneously accessible parts in an electrical installation during an electrical fault.

qualified body, in relation to an election for a site safety and health representative, means an independent body with qualifications and experience appropriate to conducting the election.

quarter means a 3-month period ending on 30 September, 31 December, 31 March or 30 June.

recognised competency, for a position or task, means a competency recognised by the committee as appropriate for the position or task.

regular periodic inspection, for an underground mine, means a regular periodic inspection mentioned in section 307.

relevant coal mine worker, in relation to an election for a site safety and health representative, means—

(a)if the election relates to a coal mine—the coal mine workers at the mine; or

(b)if the election relates to a part of a coal mine—the coal mine workers in the part.

relevant medical specialist, for a worker, means a specialist registrant under the Medical Practitioners Registration Act 2001 for a branch of medicine that is relevant to the worker’s condition.

Editor’s note—

Medical Practitioners Registration Act 2001—see the Acts Interpretation Act 1954, section 14H and the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010, section 123. See also the Health Practitioner Regulation National Law, section 251(2).

required health and safety competencies means the safety and health competencies required under section 93(3) of the Act.

responsible person, for a coal mine, see section 12D.

retirement examination, in relation to a person, means an examination of the person that includes the following, whether carried out at the same time or at different times—

(a)a chest x-ray examination;

(b)an examination of the person’s respiratory function;

(c)if the results of 1 or more previous respiratory function examinations of the person are available—a comparative assessment of the person’s respiratory function.

retirement examination report means a report, in the approved form, about a retirement examination, or a medical examination taken to be a retirement examination under section 49B(2), of a person.

road includes a ramp.

roadway includes a cut-through between intake roadways and a connection between intake and return airways.

roll of voters see schedule 1B, section 3.

safety and health census, for chapter 2, part 2A, see section 12F(1).

safety and health fee see section 12E(1).

safety berm is a mound running along the edge of a road to reduce the risk of a vehicle running off the edge.

scrubber fan means a fan—

(a)mounted as part of a machine to control dust around the machine; and

(b)used to assist in ventilating a working place at an underground mine.

scrutineer means a scrutineer appointed by a candidate under schedule 1B, section 11.

second workings, for an underground mine, means the second phase of mining after roadways for developing the part of the mine in which the second workings are carried out have been driven.

serious bodily injury means a bodily injury endangering, or likely to endanger, life or causing, or likely to cause, a permanent injury to health.

single entry drive means a drive longer than 350m.

slope haulage means an engine for raising or lowering a conveyance on a slope.

training scheme, for a coal mine, means the training scheme established under the mine’s safety and health management system.

transportable equipment means equipment transported or towed by other equipment and required to be moved to a new position between periods of operation.

Examples—

lighting plant, crib huts, generators and pumps

type, for a seal, means a type of seal mentioned in schedule 4, column 1, meeting the design criteria stated in schedule 4, column 2, opposite the type.

ventilation control device means a structure to control or direct ventilation flow.

visitor means a person other than a coal mine worker.

voter see schedule 1B, section 3.

width, of a vehicle, is its measurement across its widest part excluding collapsible projecting parts.

Example of collapsible projecting part—

a light or mirror

winder means a winding engine for raising or lowering a conveyance in a shaft.

zone means an explosion risk zone.