Coal Mining Safety and Health Regulation 2017 (Qld)

Coal Mining Safety and Health Regulation 2017

Chapter 1    Preliminary

1   Short title

This regulation may be cited as the Coal Mining Safety and Health Regulation 2017.

2   Commencement

This regulation commences on 1 September 2017.

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 chapter

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

Note—

See also chapter 3 which is about surface mines and chapter 4 which is about underground mines.

5   Ways of achieving an acceptable level of risk

(1)This chapter, other than sections 47(2), 49B(2) and 52(1), prescribes ways of achieving an acceptable level of risk at a coal mine in the circumstances mentioned in this 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 ways prescribed.

Note—

See section 34 of the Actfor 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)may affect safe production of coal seam gas or petroleum under an adjacent petroleum lease or overlapping petroleum lease.

7   Keeping information and data on which risk assessment is based

The site senior executive for a coal mine must ensure a copy of each risk assessment for the mine, and information and data on which the assessment was based, is kept at the mine until—

(a)the assessment is superseded; or

(b)the hazard to which the assessment 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—

(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 provide for the following—

(a)giving the person immediate notification of matters relevant to the person’s safety or 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 mine 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 for a coal mine 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 the procedure 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 the procedure 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 the procedure 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 CEO under section 280(1)(a)(i) of the Act.

11   Accessing standard operating procedures

The site senior executive for a coal mine must ensure—

(a)a list of the mine’s current standard operating procedures is kept—

(i)at the mine in a location that is easily accessible by each coal mine worker at the mine; and

(ii)at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and

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

(i)each coal mine worker carrying out the activity; and

(ii)each operational ROC worker concerned with the activity; and

(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 for a coal mine must ensure—

(a)a list of the current recognised standards for the mine’s coal mining operations is kept—

(i)at the mine in a location that is easily accessible by each coal mine worker at the mine; and

(ii)at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and

(b)a copy of the current recognised standard for a particular coal mining operation is available to, and kept in a location that is easily accessible by—

(i)each coal mine worker at the mine engaged in the operation; and

(ii)each operational ROC worker for the mine concerned with the operation; 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 division

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

(a)coal mining operations are carried out at the coal mine within any of the following areas (each an overlapping area)—

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

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

(iii)an area 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 27 September 2016.

12B   Plan to manage overlapping areas

(1)A joint interaction management plan that contains at least the matter mentioned in subsection (2) must be made for the coal mine before the coal mining operations start.

(2)The matter is the identification of the hazards and the assessment of the risks to be controlled that—

(a)are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and

(b)affect, or may be likely to affect, the safety and health of persons in the overlapping area.

(3)Before making the joint interaction management plan, the site senior executive must—

(a)make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and

(b)have regard to any reasonable provisions for the plan relating to the management of the risks and hazards that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and

(c)either—

(i)reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or

(ii)apply for arbitration of the dispute under subsection (5) or (6).

(4)For subsection (3)(a), the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if—

(a)the site senior executive gives the operator a copy of the proposed plan; and

(b)the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.

(5)If the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute.

(6)Despite subsection (5), either party may apply for arbitration of the dispute at any time.

(7)In this section—

arbitration means arbitration under the Mineral and Energy Resources (Common Provisions) Act 2014.

authorised activities operating plant see section 12BA.

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 means—

(a)an overlapping area under the Mineral and Energy Resources (Common Provisions) Act 2014, section 104; or

(b)any of the following areas, if coal mining operations are carried out, or are to be carried out, under a coal mining lease granted before 27 September 2016 in the area, and operations physically affect, or may physically affect, the safety of persons or plant in the area—

(i)the area of a petroleum lease;

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

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

(1)This section applies for section 64F(1)(i) of the Act.

(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 (Safety) Regulation 2018, section 51.

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 (Safety) Regulation 2018, section 52.

12BC   Requirements for boreholes

(1)This section applies if an overlapping area is subject to—

(a)either—

(i)an authority to prospect granted before or after the start date; or

(ii)a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004, section 908(2); and

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

(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 start date; 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 apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; 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 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 Actfor 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.

start date means 27 September 2016.

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

(1)The site senior executive for a 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 mine’s 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 mine’s 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 a mine’s mining lease (coal), the site senior executive for a 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 a mine’s mining lease (coal) in an overlapping area.

(2)The site senior executive for a 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 part

In this part—

reporting period, for a coal mine, means—

(a)if the responsible person for the coal mine chooses under section 12FA(2) to give a safety and health census for the coal mine for a financial year—the financial year; or

(b)otherwise—each quarter.

responsible person, for a coal mine, see 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 section 9(1)(c) of the Act—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(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) for each reporting period to cover the cost of activities carried out for the purposes of safety and health for coal mining operations.

(2)The amount of the safety and health fee for a reporting period for a coal mine is stated in schedule 8, part 2.

(3)The amount of the safety and health fee for a reporting period for a coal mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the coal mine under section 12F for the reporting period.

(4)Subsection (5) applies if the responsible person for the coal mine gives the CEO a safety and health census under section 12F for a reporting period for the coal mine.

(5)The CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine—

(a)if the reporting period is a financial year—before 30 August of the year; or

(b)if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or

(c)if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or

(d)if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or

(e)if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.

(6)The invoice must state a day for payment that is at least 30 days after the day the CEO gives the responsible person for the coal mine the invoice.

(7)The responsible person for the coal mine must pay the safety and health fee for the reporting period on or before the day for payment stated in the invoice.

Maximum penalty—100 penalty units.

(8)Subsection (5) does not apply if the CEO reasonably believes, based on information available to the CEO, that—

(a)a safety and health census received is incomplete or contains information that is incorrect; or

Note—

See section 12G.

(b)no safety and health fee for the reporting period for the coal mine is payable under schedule 8, part 2.

(9)Subsection (10) applies if—

(a)the responsible person for a coal mine gives the CEO a safety and health census for a reporting period for the coal mine after the end of the period within which the census was required to be given under section 12F; and

(b)the CEO has not given the responsible person for the coal mine a notice mentioned in section 12G(2) relating to the census.

(10)The CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine within 40 days after receiving the census.

(11)The CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.

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

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

Maximum penalty—100 penalty units.

(2)Despite subsection (1), the responsible person may give the safety and health census after the 20-day period mentioned in the subsection ends if, before the period ends—

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

(b)the CEO gives the responsible person a 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 notice under subsection (2)(b), the responsible person must give the CEO 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.

12FA    Reporting period for coal mine with 5 or fewer workers

(1)This section applies if the number of coal mine workers working at a coal mine is 5 or fewer.

(2)Subject to subsection (6), the responsible person for the coal mine may choose to give a safety and health census for the coal mine for a financial year, rather than for each quarter of a financial year.

(3)The responsible person for the coal mine may choose to give a safety and health census for a financial year regardless of whether the person has already given a safety and health census for the coal mine for an earlier quarter of the financial year.

(4)Subsection (5) applies if the responsible person for the coal mine—

(a)chooses to give a safety and health census for the coal mine for a financial year; and

(b)has already paid a safety and health fee for the coal mine for an earlier quarter of the financial year.

(5)The CEO must credit the amount of the fee already paid to the amount of the safety and health fee payable for the coal mine using the safety and health census for the financial year.

(6)The CEO may, by written notice to the responsible person for the coal mine, require the person to give a safety and health census for the coal mine for each quarter of the current financial year and subsequent financial years.

(7)The CEO may cancel the requirement under subsection (6) by subsequent written notice given to the responsible person for the coal mine.

12FB    Effect of notice or increase in worker numbers

(1)This section applies if—

(a)the responsible person for a coal mine has chosen to give a safety and health census for the coal mine for a financial year under section 12FA(2); and

(b)during the financial year—

(i)the CEO gives the responsible person a notice under section 12FA(6) requiring a safety and health census for the coal mine for each quarter of the financial year; or

(ii)the number of coal mine workers working at the coal mine increases to more than 5.

(2)Despite section 12C, definition reporting period, the reporting period for the coal mine is each quarter of the financial year.

(3)The responsible person must give the CEO a safety and health census for the coal mine for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day.

(4)Section 12F applies in relation to a safety and health census mentioned in subsection (3)—

(a)as if the reference in section 12F(1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and

(b)with any other necessary changes.

(5)Section 12H applies in relation to a safety and health census mentioned in subsection (3)—

(a)as if the reference in section 12H(1)(b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and

(b)with any other necessary changes.

(6)Subsection (2) stops applying if the requirement mentioned in subsection (1)(b)(i) is cancelled under section 12FA(7).

(7)If subsection (1)(b)(ii) applies, the responsible person for the coal mine may not choose under section 12FA(2) to give a safety and health census for the coal mine for the financial year, even if the number of coal mine workers decreases to 5 or fewer.

(8)In this section—

required day means—

(a)if the CEO has stated a day by which a safety and health census must be given in a notice under section 12FA(6)—the day stated in the notice; or

(b)otherwise—the day that is 20 days after the end of the current quarter.

12FC    Records of information included in safety and health census

(1)This section applies to a responsible person for a coal mine who is required to give the CEO a safety and health census.

(2)The responsible person must keep records enabling the accuracy of the information required to be included in the safety and health census to be verified.

Maximum penalty—100 penalty units.

(3)Without limiting subsection (2), the responsible person must keep records enabling the accuracy of the following information required to be included in the safety and health census to be verified—

(a)the number of coal mine workers working at the coal mine;

(b)the number of full-time coal mine workers, and non full-time coal mine workers, working at the coal mine;

(c)the number of hours worked by coal mine workers working at the coal mine.

(4)The responsible person must keep the records in a way that—

(a)enables the responsible person to give the CEO the records within 14 days after the CEO asks for the records; and

(b)enables the CEO to easily verify the accuracy of the information included in the safety and health census.

Maximum penalty—100 penalty units.

(5)If the CEO asks the responsible person to give the CEO the records, the responsible person must give the CEO the records—

(a)within 14 days after the CEO asks for the records; or

(b)if the CEO agrees in writing with the responsible person to another period—within the other period.

Maximum penalty—100 penalty units.

(6)The responsible person must keep the records for 7 years after the day the responsible person is required to give the CEO the safety and health census.

Maximum penalty—100 penalty units.

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

(1)This section applies if the CEO reasonably believes, based on information available to the CEO, 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 CEO 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 CEO 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 CEO reasonably believes is incorrect;

(iii)the amount of the safety and health fee the CEO 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 the CEO, 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 CEO must consider any submissions given by the responsible person within the period stated in the notice.

(4)If, after complying with subsection (3), the CEO is satisfied an amount of a safety and health fee is payable by the responsible person, the CEO 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.

Note—

See section 265 of the Actfor the recovery of fees.

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 reporting period before either or both of the following—

(a)if the CEO has given the responsible person a 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 reporting period.

(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 applies and is payable as well as any penalty imposed under section 12F(1) or (3).

(4)The amount of the late fee is stated in schedule 8, part 2.

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% a year.

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

(4)The interest payable on the unpaid amount may be recovered by the CEO 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 CEO 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   Process for conducting election of site safety and health representative—Act, s 98B

For section 98B(4)(b) and (5) of the Act, the process stated in schedule 1B is prescribed for conducting an election of a site safety and health representative.

12L   [Repealed]

12M   [Repealed]

12N   [Repealed]

12O   [Repealed]

12P   [Repealed]

12Q   [Repealed]

Part 3    Accidents, high potential incidents, diseases and injuries

13   [Repealed]

13A   Diseases that must be reported—Act, s 198AA

For section 198AA(5) of the Act, definition reportable disease, a disease mentioned in schedule 1 is prescribed.

13B    Exemption from notifying reportable diseases—Act, s 198AA

For section 198AA(4) of the Act, section 198AA(1)(a) of the Act does not apply in relation to a site senior executive who becomes aware that a person has been diagnosed with a reportable disease if the site senior executive becomes aware through an assessment as defined under section 44.

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

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

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

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 the accident or incident 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 for a coal mine must give an inspector notice, in the approved form, if any of the following incidents happen at the mine—

(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)that prevents the person from carrying out the person’s normal duties at the mine;

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

(2)The notice must be given to the inspector—

(a)within 1 month after the incident happens; or

(b)if the CEO or chief inspector by notice approves a longer period, of not more than 12 months, within which to give the notice—within the longer period.

(3)A coal 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.

(4)In this section—

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

Part 3A    Supervisor’s responsibilities

16A   Supervisor’s responsibilities

A supervisor for a coal mine has the following responsibilities—

(a)ensuring each mine worker for whom the supervisor has responsibilities is given the supervision and help mentioned in sections 85A(2) and 85B;

(b)observing each coal mine worker for whom the supervisor has responsibilities perform tasks;

(c)carrying out inspections of workplaces at the coal mine as required under the coal mine’s safety and health management system;

(d)recording reports of, and findings and recommendations resulting from, inspections mentioned in paragraph (c) in the mine record;

(e)implementing and monitoring hazard controls and risk controls as required under the coal mine’s safety and health management system.

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 electricity is permanently disconnected, the site senior executive for the coal mine 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—

(a)personal locks; or

(b)danger tags; or

(c)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 the conductor must be—

(a)positively isolated from the electricity source; and

(b)tested for zero potential; and

(c)if the conductor 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 the conductor 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 2013; or

(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/NZS 3007;2013.

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 for a coal mine 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)A coal mine’s 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

A coal mine’s 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)A coal mine’s 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.

(3)An underground mine’s electrical engineering manager must ensure a control circuit for the 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)A coal mine’s 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)A coal mine’s 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 the device 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 the device detects an electrical fault in the circuit.

31   Unearthed electrical installations

(1)A coal mine’s 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 for a coal mine 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 coal mine’s electrical engineering manager to access the drawings.

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

(1)The site senior executive for a coal mine must ensure the mine has a plan of the mine’s 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)The site senior executive for an underground mine 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 under this section must be 1:5000.

(4)A plan under this section 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 for a coal mine 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 mine’s electrical engineering manager to access the plan.

Subdivision 5 Records about electrical activities, equipment and installations

34   Records

(1)A coal mine’s electrical engineering manager or, if there is no electrical engineering manager for the mine, the site senior executive for the mine, 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 item of electrical equipment—

(i)its commissioning dates and results; and

(ii)its monitoring and test dates and results;

(c)for each item of electrical safety equipment 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 provide 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 at the mine; 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 for a coal mine 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 provide 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   Consuming alcohol

A person must not consume alcohol at a coal mine other than in an accommodation building or a recreation area designated by the mine’s 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 for the mine 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).

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 coal mine 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 coal mine 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 coal mine workers at the mine.

(7)If the fitness provisions provide for the assessment of coal mine 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 for a coal mine must ensure information and records about a person’s fitness for work obtained under sections 41 and 42—

(a)are 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   Definitions for division

In this division—

appointed medical adviser see section 45(1)(a).

approved examining doctor means a doctor for whom an approval under subdivision 3B to carry out the scheme function mentioned in section 49H(1)(a) is in force.

approved provider, for a scheme function, means an entity for whom an approval under subdivision 3B for the scheme function is in force.

approved supervising doctor means a doctor for whom an approval under subdivision 3B to carry out the scheme function mentioned in section 49H(1)(b) is in force.

assessment means—

(a)a health assessment; or

(b)a subsequent assessment; or

(c)a further health assessment; or

(d)an exit assessment; or

(e)a former worker assessment.

chest examination means—

(a)an examination of chest expansion; and

(b)auscultation.

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

(a)to screen for indications of pneumoconioses or other respiratory diseases; and

(b)performed in compliance with the ILO guidelines.

coal mine worker does not include a coal mine worker carrying out a low risk task at a coal mine.

comparative assessment, of a person’s spirometry, means a comparison of the results of the person’s spirometry with the results of the person’s previous spirometries for the purpose of identifying trends.

exit assessment means—

(a)an exit assessment under section 49A(2); or

(b)a medical examination under section 49B(1).

former worker see section 49C.

former worker assessment see section 49D(1).

further health assessment see section 48(2)(a).

further reading, of an x-ray taken of a person’s chest, means an examination of the x-ray—

(a)to screen for indications of pneumoconioses or other respiratory diseases; and

(b)performed in compliance with the ILO guidelines; and

(c)performed for the purpose of considering the classification of the x-ray under a previous chest x-ray examination and finally deciding the classification under the ILO guidelines.

health assessment means—

(a)a health assessment under section 46(1); or

(b)a medical examination under section 46B(4).

ILO guidelines means the guidelines called ‘Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses’ published by the International Labour Organization.

Note—

The ILO guidelines are available at the International Labour Organization’s website.

information notice, for a decision, means a written notice stating the following information—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.

(c)that the person to whom the notice is given may ask for a review of the decision under section 49T.

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.

relevant medical specialist, for a coal mine worker, means a specialist registrant under the Health Practitioner Regulation National Law for a branch of medicine relevant to the worker’s medical condition.

report, in relation to an assessment, means a report on the outcome of the assessment that is—

(a)for a health assessment, subsequent assessment or exit assessment—completed by the appointed medical adviser carrying out or supervising the assessment as part of the approved form for the assessment; or

(b)for a further health assessment—completed by the doctor or relevant medical specialist carrying out the assessment; or

(c)for a former worker assessment—completed by the doctor supervising the assessment as part of the approved form for the assessment.

review report see section 48A(1)(b).

scheme function means a function in relation to which an entity may apply for an approval under section 49H.

subsequent assessment see section 46B(3).

44A   Purpose of division

(1)This division establishes a scheme to protect coal mine workers from adverse health effects of mining hazards that may cause ill health.

(2)The scheme includes—

(a)providing for respiratory health screening of coal mine workers for the early detection of coal mine dust lung disease; and

(b)ensuring coal mine workers who have respiratory abnormalities are referred for diagnosis and management, including, for example, reduction in further exposure to coal mine dust; and

(c)collecting, analysing, and reporting on health surveillance data to monitor trends in coal mine dust lung disease and to inform reviews of dust exposure levels and occupational dust exposure limits for coal mines.

(3)In this section—

coal mine worker includes a former worker.

Subdivision 2 Appointed medical advisers

45   Employer must appoint medical adviser

(1)An employer of coal mine workers must—

(a)appoint, in writing, a doctor who is an approved supervising doctor (the appointed medical adviser) to supervise and report on—

(i)health assessments for persons to be employed, or employed, by the employer as a coal mine worker; and

(ii)exit assessments for persons employed by the employer who permanently retire from working as a coal mine worker; and

(b)give notice to the CEO of the appointment, including the appointed medical adviser’s name and contact details, as soon as practicable after the appointment; and

(c)if the appointment ends—give notice to the CEO of the ending of the appointment as soon as practicable after the appointment ends.

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

(3)The discussions must be held with, and the advice given to—

(a)the employer; and

(b)the coal mine worker or the worker’s representative.

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

Subdivision 3 Health assessments, health monitoring and exit assessments

46   Employer must arrange for health assessment

(1)An employer of coal mine workers must ensure an assessment (a health assessment) is carried out for each person to be employed, or employed, by the employer as a coal mine worker.

(2)The health assessment must be carried out—

(a)for a person to be employed as a coal mine worker—before the person is employed as a coal mine worker; and

(b)for a person employed as a coal mine worker—within the period, of no more than 5 years after the last health assessment was carried out for the person, decided by the employer’s appointed medical adviser.

(3)The employer must arrange for the health assessment to be carried out by, or under the supervision of, the employer’s appointed medical adviser.

(4)In deciding a period under subsection (2)(b), the appointed medical adviser must have regard to a notice given to the adviser under section 49(3).

46A   Content of health assessment

(1)A health assessment for a person must be carried out—

(a)in compliance with all instructions stated in the approved form; and

(b)by the employer’s appointed medical adviser or an approved examining doctor; and

(c)if the health assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.

(2)The approved form must include provision for the following to be carried out for the person—

(a)a chest examination;

(b)a spirometry—

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

(ii)if the person is a coal mine worker—at least once every 5 years;

(c)a comparative assessment of the person’s spirometry if—

(i)a spirometry is required under paragraph (b); and

(ii)the results of 1 or more previous spirometries for the person are in the possession of the CEO or appointed medical adviser;

(d)a chest x-ray examination—

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

(ii)if the person is a coal mine worker—at least once every 5 years;

(e)a further reading of the chest x-ray the subject of the examination required under paragraph (d).

46B   Other matters about health assessments

(1)This section applies despite section 46A.

(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 appointed 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 a health assessment (a subsequent assessment) in compliance 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 appointed medical adviser is taken to be a health assessment carried out by the appointed medical adviser under section 46A if—

(a)both of the following apply—

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

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

(b)the medical examination is for another purpose and the appointed 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 under section 46A.

47   Employer’s responsibility for health assessment

(1)An employer of coal mine workers must, for each health assessment for a person, ensure the appointed medical adviser—

(a)gives a copy of the health assessment report to—

(i)the person; and

(ii) the employer; and

(b)explains the health assessment report to—

(i)the person or the person’s representative; and

(ii)if requested by the person—another doctor nominated by the person; and

(iii)if requested by the employer and agreed to by the person—the employer, in the presence of the person.

(2)The employer must pay for—

(a)the health assessment; and

(b)if the person has a subsequent assessment—the subsequent assessment; and

(c)the giving of the copies and explanations of the report under subsection (1).

Maximum penalty—100 penalty units.

(3)Subsection (2) is not a safety and health obligation for the Act.

(4)Nothing in this division makes the employer responsible for the treatment of any physical or medical condition of the person to whom the report relates.

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 coal mine worker’s employment or demote the worker, the employer must give—

(a)the worker a reasonable opportunity to undergo an assessment (a further health assessment) supervised by either of the following chosen by the worker—

(i)a doctor who is an approved supervising doctor;

(ii)a relevant medical specialist; and

(b)the doctor or relevant medical specialist chosen by the worker 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 doctor or relevant medical specialist who supervised the assessment.

(4)The employer must—

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

(b)ask the appointed medical adviser to—

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

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

(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 after being given a report under section 48(4)(b)(ii) (the review report), gives assessment documents for the worker to the CEO and—

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

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

(2)The CEO 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 46A; 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 CEO must give a copy of the final report to the worker and the employer.

(5)The CEO 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 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.

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 appointed 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   Request for exit assessment

(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 an assessment (an exit assessment) 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 assessment.

(3)If a person asks for an exit assessment under subsection (2), the employer must—

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

(b)ask the appointed medical adviser to give—

(i)a copy of the exit assessment report to the employer; and

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

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

(4)An exit assessment must be carried out—

(a)in compliance with all instructions stated in the approved form; and

(b)by the employer’s appointed medical adviser or an approved examining doctor; and

(c)if the exit assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.

(5)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 examination; and

(ii)a spirometry; and

(iii)if the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and

(iv)a chest x-ray examination; and

(v)a further reading of the chest x-ray the subject of the examination required under subparagraph (iv).

49B   Other matters about exit assessments

(1)A medical examination of a person carried out by a doctor other than the appointed medical adviser is taken to be an exit assessment carried out by the appointed medical adviser under section 49A if—

(a)both of the following apply—

(i)the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the approved form mentioned in section 49A(4)(a);

(ii)the appointed medical adviser gives the employer an exit assessment report about the examination; or

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

(i)is satisfied the examination is equivalent to an exit assessment; and

(ii)gives the employer an exit assessment report about the examination.

(2)The employer must pay for—

(a)the exit assessment; and

(b)the giving of the copy and explanation of the report under section 49A(3)(b).

Maximum penalty—100 penalty units.

(3)Subsection (2) is not a safety and health obligation for the Act.

49BA   Delaying part of health assessment or exit assessment

(1)This section applies if an appointed medical adviser considers the risk to any person from delaying an examination to be lower than the risk to the person undergoing the examination of an adverse health effect of the examination.

Example—

An appointed medical adviser may consider the risk to a pregnant coal mine worker from delaying a chest x-ray examination to be lower than the risk to the worker of an adverse health effect of the examination.

(2)Despite sections 46(2) and 49A(3)(a), the examination may be carried out up to 1 year after the period provided for in those provisions.

(3)If an examination is delayed under subsection (2), the last health assessment or exit assessment is taken to have been carried out at the time of the examinations that were not delayed.

(4)In this section—

examination means an examination forming part of a health assessment or exit assessment.

risk, to a person, includes a risk to an unborn child of the person.

Subdivision 3A Former worker assessments

49C   Application of subdivision

This subdivision applies to a person (a former worker) who—

(a)was a coal mine worker for at least 3 years; and

(b)has permanently stopped being a coal mine worker.

49D   Request for former worker assessment

(1)The former worker may ask the CEO for an assessment of the health of the worker (a former worker assessment).

(2)However, a former worker may not ask for a former worker assessment until at least 5 years after the former worker’s most recent assessment.

(3)Subsection (2) does not apply if—

(a)the report for the former worker’s most recent assessment recommends a former worker assessment be carried out within a shorter period; or

(b)the former worker gives the CEO a medical certificate signed by a doctor stating the worker has symptoms that may indicate a respiratory disease caused by exposure to coal dust.

49E   CEO must arrange for former worker assessment

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 76A(a)(i) 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 2985:2009

Note—

AS 2985:2009 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’

Schedule 7A Civil penalties

section 371A

Part 1    Category 1 obligations

1the safety and health obligation under section 42(c) of the Actto develop a safety and health management system for a coal mine

2the safety and health obligation under section 42(c) of the Actto implement—

(a)a safety and health management system for an underground mine that includes principal hazard management plans for the matters mentioned in section 149 of this regulation; or

(b)a safety and health management system for a surface mine that includes principal hazard management plans for the matters mentioned in section 102A of this regulation

3the safety and health obligation under section 42(c) of the Actto implement a safety and health management system for a coal mine in relation to the matters mentioned in section 202 of this regulation (relating to use of portable electrical equipment)

4the safety and health obligation under section 43(1)(b) of the Act(relating to compliance with a mine’s safety and health management system by a contractor)

5the safety and health obligations under chapter 4, part 7, division 2, subdivision 2 or 3 of this regulation (relating to gas monitoring equipment for an underground mine)

6the safety and health obligation under section 343 of this regulation (relating to the ventilation system for an underground mine)

Part 2    Category 2 obligations

1the safety and health obligation under section 42(c) of the Actto implement a safety and health management system for a coal mine in relation to monitoring concentrations of respirable dust as required under section 89(5)(a) of this regulation

2the safety and health obligation under section 89A(4) of this regulation (relating to notification of excessive dust levels)

Part 3    Category 3 obligations

1the safety and health obligation under section 42(c) of the Actto implement a safety and health management system for a coal mine that includes the standard operating procedures mentioned in sections 21, 22, 37, 38, 56E, 56H, 65, 68, 72, 73, 76, 78, 79, 88A, 92, 94, 95, 96, 112, 116, 117, 125, 129, 132 to 135, 138, 141 to 143, 145, 151, 169, 187, 202, 221, 224, 226, 249, 250, 252, 253, 255, 294, 299, 300, 309(2), 318, 323(3), 335, 347 to 349, 352, 353 and 368 of this regulation

2the obligations under section 47 of this regulation (relating to health assessments)

3the obligations under section 198 of the Act(relating to notification of accidents, deaths or incidents)

4the obligations under section 198AA of the Act(relating to notification of reportable diseases)

Schedule 8 Fees

sections 12E, 12H and 372

Part 1    Board of examiners fees

Fee units
1	Application for assessment for any of the following certificates of competency— (a)  a first class certificate of competency; (b)  a second class certificate of competency; (c)  a surface mine manager’s certificate of competency	44.95
2	Application for assessment for a deputy’s, or open-cut examiner’s, certificate of competency	26.60
3	Application for assessment for any of the following certificates of competency— (a)  an electrical engineering manager’s (surface mine) certificate of competency; (b)  an electrical engineering manager’s (underground mine) certificate of competency; (c)  a mechanical engineering manager’s (surface mine) certificate of competency; (d)  a mechanical engineering manager’s (underground mine) certificate of competency; (e)  a ventilation officer’s certificate of competency.	24.90
4	Issuing a duplicate certificate of competency to replace a lost, destroyed or defaced certificate	8.70

Part 2    Safety and health fees

Fee units
1	Safety and health fee, for a coal mine, for a reporting period that is a quarter (s 12E(2))—
(a)  if the number of coal mine workers working at the coal mine during the quarter is 5 or fewer	nil
(b)  if the number of coal mine workers working at the coal mine during the quarter is more than 5 but not more than 10—for each coal mine worker working at the coal mine during the quarter	32.00
(c)  if the number of coal mine workers working at the coal mine during the quarter is more than 10 but not more than 19—for each coal mine worker working at the coal mine during the quarter	128.00
(d)  if the number of coal mine workers working at the coal mine during the quarter is more than 19 but not more than 99—for each coal mine worker working at the coal mine during the quarter	239.75
(e)  if the number of coal mine workers working at the coal mine during the quarter is more than 99—for each coal mine worker working at the coal mine during the quarter	319.75
2	Safety and health fee, for a coal mine, for a reporting period that is a financial year (s 12E(2))—
(a)  if the number of coal mine workers working at the coal mine during the financial year is 5 or fewer	nil
(b)  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—for each coal mine worker working at the coal mine during the financial year	128.00
(c)  if the number of coal mine workers working at the coal mine during the financial year is more than 10 but not more than 19—for each coal mine worker working at the coal mine during the financial year	512.00
(d)  if the number of coal mine workers working at the coal mine during the financial year is more than 19 but not more than 99—for each coal mine worker working at the coal mine during the financial year	959.00
(e)  if the number of coal mine workers working at the coal mine during the financial year is more than 99—for each coal mine worker working at the coal mine during the financial year	1,279.00
3	Fee for late safety and health census (s 12H(4))	121.40

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.

ADG Code, for chapter 2, part 7, see section 54.

adjacent petroleum lease, for coal mining operations, see section 12A(1)(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.

appointed medical adviser see section 45(1)(a).

approved examining doctor, for chapter 2, part 6, division 2—see section 44.

approved provider, for a scheme function, for chapter 2, part 6, division 2—see section 44.

approved supervising doctor, for chapter 2, part 6, division 2—see section 44.

area, of a petroleum lease, see the Petroleum and Gas (Production and Safety) Act 2004.

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.

assessment, for chapter 2, part 6, division 2—see section 44.

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

automatic methane detector means a methane detector that automatically—

(a)activates a visible alarm when the methane concentration in the atmosphere exceeds a particular level; and

(b)trips the electricity supply when the methane concentration in the atmosphere exceeds 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.

chemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service, or a technical name, that gives a chemical a unique identity.

chest examination, for chapter 2, part 6, division 2—see section 44.

chest x-ray examination, for chapter 2, part 6, division 2—see section 44.

chief inspector, petroleum and gas means the chief inspector under the Petroleum and Gas (Production and Safety) Act 2004.

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

coal mine worker, for chapter 2, part 6, division 2—see section 44.

comparative assessment, of a person’s spirometry, for chapter 2, part 6, division 2—see section 44.

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.

correct classification means the set of hazard classes and hazard categories assigned to a hazardous chemical, or dangerous goods, when they are correctly classified under schedule 2AAD.

CPD activity, in relation to a certificate of competency or site senior executive notice, see section 370AE(1).

CPD hours, for a CPD activity that has been successfully completed by the holder of a certificate of competency or site senior executive notice, see section 370AB.

CPD period, for the holder of a certificate of competency or site senior executive notice, see section 370AB.

CPD total hours, for the holder of a certificate of competency or site senior executive notice, see section 370AE(3)(c).

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

dangerous goods see section 56.

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, for schedule 1B, 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 electrical equipment or an electrical installation for coal mining operations.

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 ...

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, for schedule 1B, 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.

ERZ0 see section 287.

ERZ1 see section 288.

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 ...

exit assessment, for chapter 2, part 6, division 2—see section 44.

explosion protection category Ex ia means explosion protection category Ex ia under AS/NZS 60079.11:2011 ‘Explosive atmospheres–Equipment protection by intrinsic safety i’.

explosion protection category Ex l means explosion protection category Ex l under AS/NZS 62013.1:2001 ‘Caplights for use in mines susceptible to firedamp–General requirements–Construction and testing in relation to the risk of explosion’.

explosion protection category Ex s means explosion protection category Ex s under AS/NZS 1826:2008 ‘Electrical equipment for explosive gas atmospheres–Special protection–Type of protection s’.

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.

former worker, for chapter 2, part 6, division 2—see section 49C.

former worker assessment, for chapter 2, part 6, division 2—see section 49D(1).

further health assessment, for chapter 2, part 6, division 2—see section 48(2)(a).

further reading, of an x-ray taken of a person’s chest, for chapter 2, part 6, division 2—see section 44.

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 a gas or an atmospheric contaminant in an underground mine or part of an underground mine, means the concentration of the gas or contaminant measured at a representative location in the mine or part.

GHS see section 54.

hazard category means a division of criteria within a hazard class in the GHS.

hazard class means the nature of a physical, health or environmental hazard under the GHS.

hazardous chemical see section 55.

hazardous substance ...

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

health assessment, for chapter 2, part 6, division 2—see section 44.

health assessment report ...

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.

ILO guidelines, for chapter 2, part 6, division 2—see section 44.

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

information notice, for chapter 2, part 6, division 2—see section 44.

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 ...

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.

longwall return airway means a return airway in a ventilation split that intersects with a longwall face.

low risk task, for chapter 2, part 6, division 2—see section 44.

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

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 document means a document published by the National Occupational Health and Safety Commission under the repealed National Occupational Health and Safety Commission Act 1985 (Cwlth).

nominated medical adviser ...

nomination closing time, for schedule 1B, means the day and time when nominations for election as a site safety and health representative for a coal mine close.

normal travel ...

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

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

operator, of an operating plant, see the Petroleum and Gas (Production and Safety) Act 2004, section 673.

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

overlapping petroleum lease, for coal mining operations, see section 12A(1)(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 lease means a lease under the Petroleum Act 1923 or a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004.

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

practising certificate ...

practising certificate scheme, for chapter 4A, see section 370AE(2).

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

previous respiratory function 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 ...

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

Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.

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

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

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 ...

relevant holder, for chapter 4A, see section 370AB.

relevant medical specialist, for chapter 2, part 6, division 2—see section 44.

report, in relation to an assessment, for chapter 2, part 6, division 2—see section 44.

reporting period, for a coal mine, for chapter 2, part 2A, see section 12C.

research chemical see section 54.

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

retirement examination ...

retirement examination report ...

review report, for chapter 2, part 6, division 2—see section 48A(1)(b).

road includes a ramp.

roadway includes a cut-through between intake roadways and a connection between intake and return airways.

roll of voters, for schedule 1B, 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.

safety data sheet see section 54.

scheme function, for chapter 2, part 6, division 2—see section 44.

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, for schedule 1B, 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.

subsequent assessment, for chapter 2, part 6, division 2—see section 46B(3).

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, for schedule 1B, 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.