Mines Safety and Inspection Amendment Regulations 2009 (WA)

No judgment structure available for this case.

2918

GOVERNMENT GAZETTE, WA

21 July 2009

MINERALS AND PETROLEUM
\1P301*
Mines Safety and Inspection Act 1994

Mines Safety and Inspection Amendment
Regulations 2009

Made by the Governor in Executive Council.
1.            Citation

These regulations are the Mines Safety and Inspection
Amendment Regulations 2009.
2.            Commencement
These regulations come into operation as follows -

(a) regulations 1 and 2 - on the day on which these regulations are published in the Gazette;
(b) regulation 18 - 12 months after the day on which these regulations are published in the Gazette;
(c) the rest of the regulations - on the day after the day on which these regulations are published in the Gazette.
3.            Regulations amended

These regulations amend the Mines Safety and Inspection
Regulations 1995.

Workplace Hazardous Substances means the

4. Regulation 1.3 amended

(1) In regulation 1.3 delete the definitions of:
National Model Regulations for the Control of Workplace
Hazardous Substances
Works ale Australia
(2) In regulation 1.3 insert in alphabetical order:
AS/NZS followed by a designation, refers to the
Australian/New Zealand Standard having that
designation that is published jointly by Standards
Australia and Standards New Zealand;
National Model Regulations for the Control of

21 July 2009 GOVERNMENT GAZETTE, WA 2919
"National Model Regulations for the Control of
Workplace Hazardous Substances" [NOHSC: 1005
(1994)] declared by the NOHSC and published in
March 1994;
NOHSC means the National Occupational Health and
Safety Commission established by the National
Occupational Health and Safety Commission Act 1985
(Commonwealth) section 6;

(3) In regulation 1.3 in the definition of underground supervisor's
certificate delete "regulation 2.23;" and insert:
regulation 2.23.
5.             Regulations 2.411 and 2.4C deleted
Delete regulations 2.413 and 2.4C.
6.             Regulation 2.611 deleted
Delete regulation 2.613.
7.            Regulation 3.23 amended

(1) In regulation 3.23 delete the definitions of
authorised medical officer
designated work
existing employee
initial health assessment
Perth Chest Clinic
(2) In regulation 3.23 insert in alphabetical order:

additional health assessment means a health
assessment other than one referred to in regulation 3.25
or 3.26;

(3) In regulation 3.23 in the definition of assessment form delete
"Mining Industry Advisory Committee" and insert:
State mining engineer
(4) In regulation 3.23 in the definition of new employee delete the
passage that begins with "and who -" and continues to the end
of the definition and insert:
and who has not previously received a health
assessment under regulation 3.25 or 3.26;

2920

GOVERNMENT GAZETTE, WA

21 July 2009

(5) In regulation 3.23 in the definition of occupational disease
delete paragraph (a) and "or" after it and insert:
(a) a disease of a kind referred to in the Workers'
Compensation and Injury Management
Act 1981 Schedule 3; or

8. Regulation 3.25 amended

(1) Delete regulation 3.25(1) and insert:

(1) The principal employer and each employer at a mine must ensure that a health assessment is carried Out on each new employee at the mine within 3 months after the day on which the person became a new employee.
(2) In regulation 3.25(2)(e) delete "x-ray." and insert:
x-ray, if the medical practitioner or the
approved person considers that one is necessary
or desirable.

(3) In regulation 3.25(3)(b) delete "form and the chest x-ray plate to
the authorised medical officer." and insert:
form, and the chest x-ray (if any), to the State
mining engineer.

9. Regulation 3.26 amended

(1) In regulation 3.26(1) delete "at intervals not exceeding 5 years."

and insert:
who has not received a health assessment under
regulation 3.25 or this regulation in the last 5 years.

(2) In regulation 3.26(2):

(a) delete "The health assessment" and insert:
A health assessment

(b) delete paragraph (e) and insert:
(e) a chest x-ray, if the medical practitioner or the
approved person considers that one is necessary
or desirable.

21 July 2009 GOVERNMENT GAZETTE, WA 2921
(3) In regulation 3.26(3):

(a) delete "the health assessment" and insert:
a health assessment

(b)

in paragraph (b) delete "form and the chest x-ray plate (where applicable) to the authorised medical officer." and insert:
form, and the chest x-ray (if any), to the State
mining engineer.

(4) After regulation 3.26(3) insert:
(4) Even if health assessments are carried Out on an
employee at intervals of less than 3 years, the medical
practitioner or the approved person need not comply
with subregulation (3)(b) more frequently than once
every 3 years.

10. Regulation 3.27 replaced
Delete regulation 3.27 and insert:

3.27. Additional health assessment
(1) The principal employer and each employer at a mine
must ensure that additional health assessments are
carried Out in respect of an employee who engages in
specified occupational exposure work at the mine, if—

(a) an identifiable disease or other adverse effect

on the health of the employee may be related to
the exposure; and

(b) there is a reasonable likelihood that the disease or adverse effect may occur under the particular conditions of work; and
(c) there are recognised techniques for detecting indications of the disease or adverse effect.

(2) The State mining engineer may direct that an additional health assessment be carried out in respect of specified employees at a mine.
(3) The principal employer and each employer at the mine
must ensure that a direction given under
subregulation (2) is complied with as soon as is
practicable.
Penalty: See regulation 17.1.

2922

GOVERNMENT GAZETTE, WA

21 July 2009

(4) The State mining engineer may require the results of
any additional health assessment carried Out in respect
of employees at a mine to be given to the State mining
engineer.
(5) The principal employer and each employer at a mine
must ensure that a requirement made under
subregulation (4) is complied with as soon as is
practicable.
Penalty: See regulation 17.1.
11. Regulation 3.28 amended

(1) In regulation 3.28(1) delete "valid" and insert:
recognised
(2) In regulation 3.28(1) delete the penalty.
(3) At the end of regulation 3.28(3) insert:
Penalty: See regulation 17.1.

12. Regulation 3.29 amended
Delete regulation 3.29(b) and insert:

(b) works, or is expected to work, at a mine or

mines for a cumulative period not exceeding
3 months in any 12 month period if there is no,
or there is not expected to be, significant
exposure to hazardous substances or agents

during the cumulative period.

13. Regulation 3.32 deleted
Delete regulation 3.32.
14. Regulation 4.2 amended
In regulation 4.2 delete "of sections 10, 11.8, 12.1, 12.2, 12.3, 12.4, 12.10, 12.11, 13.1, 13.2, 13.3, 13.9, 13.14, 13.15, 13.16, 14.1, 14.2 and 14.7 of AS 2865" and insert:
of AS/NZS 2865:2001

21 July 2009 GOVERNMENT GAZETTE, WA 2923
15. Regulation 4.5 amended
In regulation 4.5(1)(b)(ii) delete "so as" and insert:
SO

16. Regulation 4.22 amended
In regulation 4.22 in the 'Fable delete "AS 2865' and insert:
AS/NZS 2865
17. Regulation 5.10 amended
In regulation 5.10(2)(a):

(a) in subparagraph (i) delete "corporate" and insert:
professional engineer

(b) in subparagraph (ii) delete "A grade";
(c) in subparagraph (ii) delete "electrical fitter and electrical mechanic" and insert:
"electrician" or "electrical mechanic"

18. Regulation 6.37 amended

(1) Before regulation 6.37(1) insert:
(1A) Subject to subregulation (2), a person must not -

(a) do high risk work of a particular class at a mine
unless the person holds a high risk work licence
for that class of work; or
(b) operate or drive a winding engine at a mine unless the person holds a certificate and has the written authorisation of the manager of the mine; or
(c) operate or drive a hoist at a mine (whether or not that work is covered by paragraph (a)) unless the person has the written authorisation of the manager of the mine; or
(d) operate or drive any plant not covered by paragraph (a), (b) or (c) at a mine unless the person has been trained and found to be competent by a practical trial in the operation of that plant by the manager of the mine or

2924

GOVERNMENT GAZETTE, WA

21 July 2009

some other suitable person appointed for that
purpose by the manager.
Penalty: See regulation 17.1.

(2) In regulation 6.37(1)(a)(i) delete "or under the Occupational
Safety and Health Act 1984" and insert:
or a high risk work licence under the
Occupational Safely and Health
Act 1984,

(3) In regulation 6.37(3):

(a) delete "subregulation (1)(a)" and insert: subregulation (1A)(a, (b) or (c) or (1)(a)
(b) delete "certificate." and insert:
certificate or licence.

(4) After regulation 6.37(4) insert:

(5) For each person authorised, or found to be competent,
by or on behalf of the manager of a mine under
subregulation (1A) or (1), the manager must record in
the record book -

(a) the name of the person; and

(b)

the date on which the person was authorised or found to be competent; and
(c) if the person undertook a test or practical

trial - the date on which the test or trial was
undertaken and the name and signature of the
person who carried Out the test or trial.

Penalty: See regulation 17.1.

(6) In subregulations (IA) and (1) -
high risk work and high risk work licence have the
meaning given in the Occupational Safely and Health
Regulations 1996 regulation 6.1.

(7) During the 12 month period commencing on the day on

Mines
which subregulation (1A) (as inserted by the came into operation -
(a) subregulation (1A) does not apply in respect of

underground mining operations; and

21 July 2009 GOVERNMENT GAZETTE, WA 2925
(b) subregulation (1) applies in respect of
underground mining operations only,
and, at the end of that period, subregulation (1) ceases
to have effect.
(8) For the purposes of subregulation (1 A)(a), if, in
relation to a particular class of high risk work, a person
does not hold an appropriate high risk work licence
but -

(a)

the person holds a certificate of competency under the Occupational Safety and Health Act 1984; and

(b)

the certificate authorises or authorised the person to do that class of work,
the person is to be taken to hold a high risk work
licence for that class of work.

(9) In this regulation, a reference to a certificate of

competency under the Occupational Safety and Health under that Act for which the transition period under that Act has not expired, and which is not suspended.
19. Regulation 7.20 amended

In regulation 7.20 delete the definition of National Code of and insert:
National Code of Practice for the Preparation of
Material Safety Data Sheets means the "National Code
of Practice for the Preparation of Material Safety Data
Sheets" 2' Edition [NOHSC: 2011 (2003)] declared by

the NOHSC and published in April 2003;

20. Regulation 9.1 amended

(1) In regulation 9.1 insert in alphabetical order:
Exposure Standards for Atmospheric Contaminants
in the Occupational Environment means the "Adopted
National Exposure Standards for Atmospheric
Contaminants in the Occupational Environment"
[NOHSC: 1003 (1995)] declared by the NOHSC and
published in May 1995;
Guidance Note on the Membrane Filter Method for
Estimating Airborne Asbestos Fibres means the
"Guidance Note on the Membrane Filter Method for
Estimating Airborne Asbestos Fibres" 2' Edition

2926

GOVERNMENT GAZETTE, WA

21 July 2009

[NOHSC:3003 (2005)] declared by the NOHSC and
published in April 2005;

(2) In regulation 9.1 in the definition of exposure standard delete
paragraph (a) and "or" after it and insert:

(a) the standard specified in the Exposure

Standards for Atmospheric Contaminants in the
Occupational Environment; or
21. Regulation 9.2 amended

In regulation 9.2 delete "Worksafe Australia's National
Exposure Standards (NOHSC: 1003)" and insert:
the Exposure Standards for Atmospheric Contaminants
in the Occupational Environment

22. Regulation 9.13 amended
Delete regulation 9.13(1 )(b)(iv) and "or" after it and insert:
(iv) in the case of asbestos fibres, the
Guidance Note on the Membrane Filter
Method for Estimating Airborne
Asbestos Fibres; or

23. Regulation 9.32 amended

In regulation 9.32(a) delete "Code of Practice for the Safe
Removal of Asbestos (NOHSC:CP002-1988), published by
Worksafe Australia; and" and insert: "Code of Practice for the Safe Removal of
Asbestos" 2' Edition [NOHSC:2002 (2005)]
declared by the NOHSC and published in
April 2005; and

24. Regulation 9.33 amended
In regulation 9.33(2) delete "Dust (NOHSC:GN 003-1988) published by Worksafe Australia." and insert:
Fibres.

21 July 2009 GOVERNMENT GAZETTE, WA 2927

25. Regulation 16.6 amended
In regulation 16.6 delete "(other than exploration operations)".
26.          Regulation 16.7 amended
In regulation 16.7(1)(b) delete "(other than exploration operations)".
27.           Regulation 16.14 amended
In regulation 16.14(1) delete "(other than exploration operations)".
28.           Schedule 1A deleted Delete Schedule 1A.

By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.

Actions

Download as PDF Download as Word Document

Citations

Mines Safety and Inspection Amendment Regulations 2009 (WA)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

(a)	regulations 1 and 2 - on the day on which these regulations are published in the Gazette;
(b)	regulation 18 - 12 months after the day on which these regulations are published in the Gazette;
(c)	the rest of the regulations - on the day after the day on which these regulations are published in the Gazette.

(1)	In regulation 1.3 delete the definitions of:
*National Model Regulations* for *the Control* of *Workplace* *Hazardous Substances* *Works ale Australia*
(2)	In regulation 1.3 insert in alphabetical order:

(1)	In regulation 3.23 delete the definitions of
*authorised medical* officer designated work existing employee initial health *assessment* *Perth* Chest *Clinic*

(3)	In regulation 3.23 in the definition of *assessment form* delete "Mining Industry Advisory Committee" and insert:
State mining engineer
(4)	In regulation 3.23 in the definition of *new employee* delete the passage that begins with "and who -" and continues to the end of the definition and insert:

(1)	Delete regulation 3.25(1) and insert:
(1) The principal employer and each employer at a mine must ensure that a health assessment is carried Out on each new employee at the mine within 3 months after the day on which the person became a new employee.
(2)	In regulation 3.25(2)(e) delete "x-ray." and insert:

(a)	an identifiable disease or other adverse effect
on the health of the employee may be related to
the exposure; and
(b)	there is a reasonable likelihood that the disease or adverse effect may occur under the particular conditions of work; and
(c)	there are recognised techniques for detecting indications of the disease or adverse effect.

(4)	The State mining engineer may require the results of any additional health assessment carried Out in respect of employees at a mine to be given to the State mining engineer.
(5)	The principal employer and each employer at a mine must ensure that a requirement made under subregulation (4) is complied with as soon as is practicable. Penalty: See regulation 17.1.

(1)	In regulation 3.28(1) delete "valid" and insert:
recognised
(2)	In regulation 3.28(1) delete the penalty.
(3)	At the end of regulation 3.28(3) insert:

(b)	in subparagraph (ii) delete "A grade";
(c)	in subparagraph (ii) delete "electrical fitter and electrical mechanic" and insert:

(a)	do high risk work of a particular class at a mine
unless the person holds a high risk work licence
for that class of work; or
(b)	operate or drive a winding engine at a mine unless the person holds a certificate and has the written authorisation of the manager of the mine; or
(c)	operate or drive a hoist at a mine (whether or not that work is covered by paragraph (a)) unless the person has the written authorisation of the manager of the mine; or
(d)	operate or drive any plant not covered by paragraph (a), (b) or (c) at a mine unless the person has been trained and found to be competent by a practical trial in the operation of that plant by the manager of the mine or

(a)	delete "subregulation (1)(a)" and insert: subregulation (1A)(a, (b) or (c) or (1)(a)
(b)	delete "certificate." and insert:

(a)	the name of the person; and
(b)	the date on which the person was authorised or found to be competent; and
(c)	if the person undertook a test or practical

(a)	the person holds a certificate of competency under the Occupational Safety and Health Act 1984; and
(b)	the certificate authorises or authorised the person to do that class of work,