Mining and Quarrying Safety and Health Regulation 2017 (Qld)

Mining and Quarrying Safety and Health Regulation 2017

Chapter 1    Preliminary

1   Short title

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

2   Commencement

This regulation commences on 1 September 2017.

3   Definitions

The dictionary in schedule 7 defines particular words used in this regulation.

Chapter 2    Ways of achieving an acceptable level of risk

Part 1    Preliminary

4   Ways of achieving an acceptable level of risk

(1)The relevant provisions prescribe ways of achieving an acceptable level of risk at a mine in the circumstances mentioned in the provisions.

(2)However, the relevant provisions do not deal with all circumstances that expose someone to risk at a mine.

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

Note—

See section 31 of the Actfor the penalty for failing to discharge the obligation.

(4)In this section—

relevant provisions means—

(a)this chapter other than sections 60B(1), 60C(2), 87(5), 120(1) and (2), 131(6), 145J(1) and (3) and 145K(1) and (2); and

(b)schedule 2E other than schedule 2E, sections 6(1), 13(1), 19(1), 23(2), 24(3), 26(4) and 29(1).

Part 2    Safety and health risk management

Division 1 Risk management practices and procedures

5   Risk management practices and procedures

The site senior executive for a mine must ensure the mine’s risk management practices and procedures are—

(a)established in consultation with the mine workers; and

(b)compatible with, and coordinated throughout the mine for, all operations at the mine.

Division 2 Risk management process

6   Hazard identification

(1)A person who has an obligation under the Act to manage risk at a mine must identify hazards in the person’s own work and activities at the mine.

(2)The operator must ensure hazard identification for the mine’s operations is done during the operations’ planning and design.

(3)The site senior executive for a mine must ensure hazard identification for the mine’s operations is done—

(a)when the operations start; and

(b)during the operations; and

(c)when the operations change in size, nature, complexity or another way; and

(d)for a hazard caused by a hazardous chemical or dangerous good—periodically at intervals not longer than 5 years.

(4)For hazards caused by hazardous chemicals or dangerous goods, the site senior executive for a mine must ensure the identification includes the following—

(a)hazardous chemicals or dangerous goods being processed or used for processing;

(b)hazardous chemicals or dangerous goods that are a product, by-product or waste product of operations;

(c)hazardous chemicals or dangerous goods occurring in—

(i)the natural environment; or

(ii)plant or facilities; or

(iii)energy sources.

7   Risk analysis

(1)A person who has an obligation under the Act to manage risk at a mine must analyse risk in the person’s own work and activities to decide whether the risk is at an acceptable level.

(2)The person must have regard to the following in analysing the risk—

(a)the results of hazard identification, risk monitoring and incident investigations carried out for the mine;

(b)the work environment and work methods for the mine’s operations;

(c)the interaction of hazards present at the mine;

(d)the effectiveness and reliability of hazard controls in use at the mine;

(e)other reasonably available relevant information and data from, and practices in, other industries and mining operations.

8   Risk reduction

(1)A person who has an obligation under the Act to manage risk at a mine must, as far as reasonably practicable, apply hazard controls in the following order—

(a)elimination of the hazard;

(b)substitution with a lesser hazard;

(c)separation of persons from the hazard;

(d)engineering controls;

Examples—

1using fans and ducting to remove dust

2using guards on conveyors

(e)administrative controls;

Examples—

1a restriction on the time a worker is exposed to a hazard

2a procedure or standard work instruction

(f)personal protective equipment.

(2)The site senior executive for a mine must ensure hazard controls used to reduce risk in the mine’s work and local environments are appropriate having regard to the following—

(a)the interaction of hazards present in the environments;

(b)the effectiveness and reliability of the controls;

(c)other reasonably available relevant information and data from, and practices in, other industries and mining operations.

9   Risk monitoring

(1)A person who has an obligation under the Act to manage risk at a mine must monitor risk in the person’s own work and activities at the mine.

(2)The site senior executive for a mine must ensure risk in the mine’s work and local environments caused by the mine’s operations is monitored—

(a)when the operations start; and

(b)at appropriate intervals or stages during operations at the mine; and

(c)when the mine’s risk management practices or procedures change significantly.

(3)Monitoring must include the following things—

(a)the occurrence of incidents, injuries and ill health;

(b)the level of hazards present in the mine’s work environment;

(c)for monitoring under subsection (2)—the level of hazards from the mine’s operations present in the mine’s local environment.

(4)If it is appropriate, having regard to the nature and level of a hazard present in the work environment, the monitoring must include 1 or more of the following things—

(a)personal monitoring to decide a worker’s level of exposure to the hazard;

Example—

monitoring a worker using a dosimeter or other instrument to measure the worker’s level of exposure to noise

(b)self-monitoring to detect effects of the hazard;

Example—

self-recognition of physical symptoms of heat stress or fatigue

(c)biological monitoring to decide a worker’s level of exposure to the hazard;

Example—

biological monitoring to determine a worker’s blood lead level

(d)health surveillance under schedule 2E.

Division 3 Records about risk management

10   Risk management record

(1)This section applies to a risk management process carried out at a mine—

(a)because the process is essential for managing risk from a hazard that is present, or is likely to be present in proposed operations, at the mine; or

Example—

a risk management process carried out under section 32

(b)under—

(i)a guideline; or

(ii)a directive given by an inspector or inspection officer under part 9 of the Act.

(2)The site senior executive for the mine must ensure a record of the process is made containing the following details—

(a)the names of the persons involved in the risk assessment and their respective positions in the mine’s management structure;

(b)a description of the hazard to which the process relates;

(c)the method used for assessing the likelihood and consequences of the risk;

(d)the controls proposed to reduce the risk.

(3)The site senior executive for the mine must ensure the record is kept at the mine until the hazard to which the process relates is no longer present at the mine.

11   Risk monitoring record

(1)The site senior executive for a mine must ensure a record of monitoring carried out under section 9(2) is made and kept for the following period—

(a)for a hazard with a cumulative or delayed effect—30 years;

Example—

silica, noise or vibration

(b)for another hazard—7 years.

(2)If the mine ceases operations in the period the record is required to be kept under subsection (1), the site senior executive must ask for, and comply with, the CEO’s directions about the record’s storage.

Part 2A    Safety and health fee

11A   Definitions for part

In this part—

reporting period, for a mine, means—

(a)if the responsible person for the mine chooses under section 11DA(2) to give a safety and health census for the mine for a financial year—the financial year; or

(b)otherwise—each quarter.

responsible person, for a mine, means the responsible person for the mine within the meaning of section 11B.

safety and health census see section 11D(1).

safety and health fee see section 11C(1).

11B   Meaning of responsible person

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

(a)for a mine operated under a mining tenure, other than a mining tenure that is a prospecting permit or mining claim—

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

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

(b)for a quarry—the operator for the mine; or

(c)for a place that is a mine under section 9(1)(c) of the Act—the person in control of the 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 11D, the responsible person for the 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 61(1)(c), 133(c), 183(1)(c) and 245(1)(c).

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

11C   Payment of safety and health fee

(1)The responsible person for a 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 operations.

(2)The amount of the safety and health fee for a reporting period for a mine is stated in schedule 6, part 2.

(3)The amount of the safety and health fee for a reporting period for a mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the mine under section 11D for the reporting period.

(4)Subsection (5) applies if the responsible person for the mine gives the CEO a safety and health census under section 11D for a reporting period for the mine.

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

(7)The responsible person for the 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 11E.

(b)no safety and health fee for the reporting period for the mine is payable under schedule 6, part 2.

(9)Subsection (10) applies if—

(a)the responsible person for a mine gives the CEO a safety and health census for a reporting period for the mine after the end of the period within which the census was required to be given under section 11D; and

(b)the CEO has not given the responsible person for the mine a notice mentioned in section 11E(2) relating to the census.

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

11D   Safety and health census to be given at the end of each reporting period

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

11DA    Reporting period for mine with 5 or fewer workers

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

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

(3)The responsible person for the 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 mine for an earlier quarter of the financial year.

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

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

(b)has already paid a safety and health fee for the 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 mine using the safety and health census for the financial year.

(6)The CEO may, by written notice to the responsible person for the mine, require the person to give a safety and health census for the 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 mine.

11DB    Effect of notice or increase in worker numbers

(1)This section applies if—

(a)the responsible person for a mine has chosen to give a safety and health census for the mine for a financial year under section 11DA(2); and

(b)during the financial year—

(i)the CEO gives the responsible person a notice under section 11DA(6) requiring a safety and health census for the mine for each quarter of the financial year; or

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

(2)Despite section 11A, definition reporting period, the reporting period for the mine is each quarter of the financial year.

(3)The responsible person must give the CEO a safety and health census for the 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 11D applies in relation to a safety and health census mentioned in subsection (3)—

(a)as if the reference in section 11D(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 11F applies in relation to a safety and health census mentioned in subsection (3)—

(a)as if the reference in section 11F(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 11DA(7).

(7)If subsection (1)(b)(ii) applies, the responsible person for the mine may not choose under section 11DA(2) to give a safety and health census for the mine for the financial year, even if the number of 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 11DA(6)—the day stated in the notice; or

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

11DC    Records of information included in safety and health census

(1)This section applies to a responsible person for a 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 workers working at the mine;

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

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

11E   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, the responsible person for a mine—

(a)has not given a safety and health census under section 11D; 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 the following information—

(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 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 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.

11F   Fee for late safety and health census

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

(a)if the CEO has given the responsible person a notice mentioned in section 11D(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 11D 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 11D(1) or (3).

(4)The amount of the late fee is stated in schedule 6, part 2.

11G   Interest payable on unpaid fees

(1)This section applies if the responsible person for a mine does not pay an amount of a safety and health fee under section 11C or 11E.

(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.

11H   Refund of overpayment of safety and health fee

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

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

Part 3    Accidents, incidents, diseases and injuries

12   First aid and medical treatment

The site senior executive for a mine must ensure a person who is injured, or whose health is affected, at the mine is given appropriate first aid or medical treatment.

12A   [Repealed]

12B   Diseases that must be reported—Act, s 195AA

For section 195AA(5) of the Act, definition reportable disease, a disease mentioned in schedule 1 is prescribed.

12C    [Repealed]

13   Types of serious accidents and high potential incidents—Act, s 197

For section 197(1) of the Act, a type of serious accident or high potential incident mentioned in schedule 2 is prescribed.

14   Reporting accidents and high potential incidents

A mine’s safety and health management system must include procedures for workers reporting accidents and high potential incidents to the site senior executive for the mine.

15   Site senior executive’s investigation of incidents

(1)In investigating the cause of an incident at a mine, the site senior executive for the mine must use techniques that—

(a)are appropriate for—

(i)the nature of the incident; and

(ii)the nature and level of the hazards involved; and

(b)are integrated with the risk management process; and

(c)involve appropriate participation by persons involved in the incident.

(2)A mine’s safety and health management system must provide for documenting the techniques that must be used for investigating incidents.

16   Giving inspector details of accidents and high potential incidents

(1)This section applies if an accident or high potential incident happens at a mine.

(2)If requested by an inspector, the site senior executive for the mine must give the inspector a plan, of the type and at the scale required by the inspector, or photographs, showing relevant details about the accident or incident.

Part 4    Electrical

Note—

See also part 10.

Division 1 Controlling electrical work

17   Appointment of persons to control electrical work

If electrical work is, or is proposed to be, undertaken in operations at a mine, the site senior executive for the mine must appoint, in writing, 1 or more persons to control the electrical work.

18   Acknowledgement of appointment

(1)A person appointed to control electrical work at a mine must acknowledge the appointment by notice given to the site senior executive for the mine.

(2)For section 59(1)(e) of the Act, the notice is prescribed as a matter that must be included in the mine record.

Division 2 Notice of introduction or disconnection of electricity

19   Duty to give notice of proposed introduction or disconnection of electricity

Before an electricity supply exceeding 75kW capacity is introduced to, or permanently disconnected from, a mine, the site senior executive for the mine must notify an inspector of the proposed introduction or disconnection.

Division 3 Operating electrical equipment

20   Electrical plans and data

(1)The site senior executive for a mine must ensure the following are kept at the mine for the safe operation of each electrical installation at the mine—

(a)up-to-date plans identifying and showing the location of electrical installations at the mine, including buried electrical services;

(b)electrical safety data including equipment ratings and protection settings for circuit protection devices.

(2)In this section—

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.

21   Working on electrical equipment that has explosion-protection

(1)A person must not carry out work on electrical equipment that has explosion-protection, unless the person has the competencies to carry out the work.

(2)In this section—

explosion-protection means a technique of protection applied to the design of electrical equipment, components and systems to prevent the electrical energy from becoming an ignition source in the presence of flammable vapours or gases or combustible dusts in hazardous areas.

Division 4 Control and protection for electrical equipment

22   General

The operator or site senior executive must ensure—

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

(b)each electrical circuit at the mine is protected against overload, short circuit and earth fault under all operating conditions to effectively—

(i)interrupt the electricity supply; and

(ii)isolate faults.

23   Interrupting electricity supply to particular plant

The operator or site senior executive must ensure the electricity supply to the following plant at the mine is capable of interruption from an accessible position remote from the plant—

(a)a stacker, reclaimer, dredge, floating treatment plant and underground electrical installation;

(b)other plant identified by a risk assessment as needing its electricity supply to be capable of interruption from an accessible position remote from the plant to ensure an acceptable level of risk.

24   Automatic control

The operator or site senior executive must ensure—

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

(b)the emergency stopping systems and safety alarms at the mine remain effective if there is a fault or failure in a system mentioned in paragraph (a).

25   Earthing

The operator or site senior executive must ensure each earthing system at the mine is installed and maintained at sufficiently low impedance and has sufficient capacity to ensure—

(a)reliable operation of electrical protective systems and devices; and

(b)adequate protection against contact with conductive parts that have become live under fault conditions.

26   Earth leakage protection

(1)The operator or site senior executive must ensure the mine has earth leakage protection for each electrical circuit exceeding extra low voltage that—

(a)is in an underground mine; or

(b)is in a portable, transportable or mobile apparatus; or

(c)has an outlet for, or supplies electricity to, a trailing cable or flexible lead.

(2)Subsection (1) does not apply to the following circuits—

(a)an electrical circuit—

(i)isolated from earth; or

(ii)that uses the earth to carry all or part of the normal current of a circuit; or

(iii)for which continuity of supply is necessary to maintain safety;

(b)a control or lighting circuit of less than 120V a.c.

26A   Basic safety principle

(1)A person carrying out or preparing to carry out work on or near electrical equipment must treat each exposed electrical conductor as live until the equipment is—

(a)isolated and proved to be de-energised; and

(b)if the equipment is a high voltage conductor—earthed.

(2)In this section—

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

high voltage means a voltage of more than 1200V.

27   Isolation facilities

(1)The operator or site senior executive must ensure each item of electrical equipment used at the mine has a full current isolation facility in a location that is easily accessible by a person required to carry out the isolation.

(2)The operator or site senior executive must also ensure the isolator is—

(a)clearly marked or labelled as the isolator for the plant; and

(b)compatible with the mine’s isolation and lock-out procedures.

28   Protection for transportable and mobile equipment

(1)This section applies if transportable or mobile equipment used at a mine is supplied with electricity exceeding extra low voltage by a trailing or reeling cable, other than a low voltage cable that has—

(a)no joining plugs or sockets; and

(b)earth leakage protection with a rated tripping current of not more than 30mA; and

(c)individually screened power conductors.

(2)The site senior executive for the mine must ensure the equipment has earth continuity protection to—

(a)isolate the electricity supply to the equipment immediately after the earthing circuit is broken or the cable is disconnected or decoupled; and

(b)prevent a person inadvertently contacting live parts of the equipment.

29   Protection from live parts of electrical equipment

The operator or site senior executive must ensure electrical equipment exceeding extra low voltage used at the mine has a device or feature for preventing a person inadvertently contacting live parts of the equipment.

Example of a device or feature—

an enclosure, shield, insulation, interlocking device or automatic disconnection device

30   Prospective touch voltage

(1)The operator or site senior executive must ensure the prospective touch voltage at the mine is limited to a level necessary to achieve an acceptable level of risk.

(2)In this section—

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.

31   Voltage rise

The operator or site senior executive must ensure voltage rise in an electrical installation at the mine caused by lightning strike, static electricity, voltage surges and other transient voltages is limited to a level necessary to achieve an acceptable level of risk, having regard to the ways stated in a guideline for limiting voltage rise.

Part 5    Emergencies

32   Risk management for emergencies

(1)The site senior executive for a mine must ensure the risk management process mentioned in part 2, division 2 is carried out for reasonably foreseeable emergencies at the mine to decide the resources, facilities and procedures necessary to—

(a)prepare the mine for managing and controlling the hazards causing the emergencies; and

(b)detect the emergencies; and

(c)respond appropriately to the emergencies.

(2)The resources, facilities and procedures considered in the risk management process must deal with the following matters—

(a)coordinating control of emergencies;

(b)giving notice, information and warnings about emergencies;

(c)the immediate availability of trained rescue persons or emergency services;

(d)locating, and accounting for, persons;

(e)controlling or re-establishing control of the hazard causing the emergency;

(f)isolating the area of the incident, including, for example, by cutting off the supply of energy to the area;

(g)emergency egress and evacuation, including refuges;

(h)first aid and persons trained in giving first aid;

(i)liaising with, and using, local or state emergency services;

(j)backup services and facilities for the emergency.

33   Emergency preparedness—general

The site senior executive for a mine must ensure the mine has the resources and facilities decided as necessary under section 32 for the mine’s preparedness for reasonably foreseeable emergencies.

35   Emergency response plan

(1)A mine’s safety and health management system must include an emergency response plan developed having regard to the risk management process carried out under section 32.

(2)The site senior executive for a mine that is not required to have a safety and health management system under section 38(3) or 39(2) of the Actmust ensure the mine has an emergency response plan developed having regard to the risk management process carried out under section 32.

(3)The operator of a mine mentioned in subsection (2) must provide adequate resources at the mine to ensure the effectiveness and implementation of the emergency response plan.

Note—

See section 38(1)(f) of the Actfor the operator’s obligation about resources for a mine that is required to have a safety and health management system.

36   Evacuation

(1)This section applies to a mine if resources, facilities or procedures for evacuating persons are decided as necessary for the mine under section 32.

(2)The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations—

(a)a normal way of access;

(b)signed escape ways independent of the normal way of access;

(c)assembly areas;

(d)equipment and training for self-rescue;

(e)resources, facilities and procedures for tracing persons involved in an incident at the mine;

(f)a way of knowing the names and approximate location of all persons underground.

(3)If an emergency happens at the mine and creates, or is likely to create, an unacceptable level of risk, the site senior executive for the mine must ensure—

(a)persons who are, or may be, harmed or affected as a result of the emergency are evacuated from the area of unacceptable risk; and

(b)persons, other than those required to handle the emergency, are prevented from entering the area.

36A   Escapeways from underground

(1)The underground mine manager or, if there is no underground mine manager, the site senior executive for a mine, must ensure that, before stoping operations start at the mine, the mine has at least 2 trafficable egresses (the escapeways), complying with subsection (2), accessible from all stoping operations to the surface.

(2)The escapeways must—

(a)be located strategically to manage risk; and

(b)allow for the passage of rescue persons and rescue equipment, including stretchers; and

(c)be separated in a way that an event happening in 1 of the escapeways would not prevent persons escaping through the other escapeway.

(5)The underground mine manager or, if there is no underground mine manager, the site senior executive for the mine, must ensure each of the escapeways is—

(a)maintained in a safe, accessible and usable condition; and

(b)adequately marked or signposted, having regard to the potential for reduced visibility in an emergency.

37   Refuges

(1)This section applies to a mine if refuges for emergencies are decided as necessary for the mine under section 32.

(2)The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations—

(a)fresh air bases;

(b)self-contained refuge chambers;

(c)secure areas where persons can be protected against the hazard causing the incident.

(3)A person must seek refuge until rescued if—

(a)an emergency happens at a mine and creates, or is likely to create, an unacceptable level of risk for the person; and

(b)the person can not be evacuated promptly from the area of unacceptable risk.

38   Rescue

(1)This section applies to a mine if facilities or procedures for rescuing persons in emergencies are decided as necessary for the mine under section 32.

(2)The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations—

(a)facilities or procedures for—

(i)persons, and using equipment, on-site; and

(ii)liaising with, and using, local or state emergency services;

(b)if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services—

(i)the availability of suitably trained site-based persons and suitable rescue equipment; and

(ii)facilities and procedures for liaising with, and using, persons and equipment from other operations and agencies for carrying out a rescue.

(3)The site senior executive must ensure reasonable action is taken to rescue persons from an area of unacceptable risk, or a refuge, at the mine.

(4)In deciding what action is reasonable for subsection (3), the site senior executive must have regard to the risk to persons in carrying out the rescue.

39   Resources for first aid and medical treatment

(1)This section applies to a mine if facilities or procedures for first aid or medical treatment for emergencies are decided to be necessary for the mine under a risk management process carried out under section 32.

(2)The site senior executive must, if it is appropriate having regard to the nature and complexity of the mine’s operations, ensure the mine has the following things—

(a)adequate supplies of first aid and trauma kits;

(b)basic life support training for workers;

(c)equipment appropriate for controlling the on-site hazards identified by the risk management process;

(d)facilities and procedures for liaising with, and using, local and state emergency services;

(e)if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services—

(i)the availability of suitably trained site-based personnel and suitable first aid and medical equipment; and

(ii)facilities and procedures for evacuating persons from the site for medical treatment.

40   Maintaining and improving emergency response capability

(1)The site senior executive for a mine must ensure the mine’s emergency response facilities and equipment are inspected regularly and maintained in a fully operational condition.

(2)The site senior executive for a mine must also ensure the mine’s emergency response plan is—

(a)tested and reviewed as often as appropriate, having regard to the nature and complexity of the mine’s operations, but at least once a year; and

(b)amended, if necessary, to achieve an acceptable level of risk.

41   Mine rescue plan

(1)The site senior executive for a mine must ensure the mine has a current rescue plan showing the mine’s emergency facilities, including relevant services reticulation and communication arrangements.

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

(a)the direction and quantity of the ventilating airflow;

(b)the location of ventilation controls.

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

Part 6    Facilities and processes

42   Dredging

If a dredge is used at a mine, the site senior executive for the mine must ensure the mine has a written procedure for the following things—

(a)ways of preventing—

(i)the dredge capsizing or sinking; and

(ii)persons falling overboard;

(b)emergency rescue procedures for an event mentioned in paragraph (a).

43   Excavations

(1)If an excavation exists on a mine site, the site senior executive for the mine must ensure appropriate facilities are provided to minimise the risk to persons from falling into the excavation.

Example of appropriate facilities—

a fence, barricade, bund wall or signage

(2)In this section—

excavation includes a shaft, stope, pass, winze, mine or quarry face, trench, costean and pit.

44   Ground control

(1)A person who has an obligation under the Act to manage risk in relation to ground control at a mine during the mine’s design, operation or abandonment must ensure appropriate measures are taken to prevent or control local and area failures in ground integrity.

(2)The person must have regard to the following matters in deciding the appropriate measures—

(a)local geological structure and rock properties and their influence on rock stability;

(b)the size and geometry of the mine’s openings;

(c)the presence of previously excavated or abandoned underground workings;

(d)water inflow, drainage patterns, groundwater regimes and mine dewatering procedures and their influence on rock stability over time;

(e)the analysis and interpretation of relevant geotechnical data, including the monitoring of openings and excavations.

(3)The measures must include the following things—

(a)the minimisation of rock damage, from blasting, at the excavation perimeter;

(b)the use of appropriate equipment and procedures for scaling;

(c)the proper design, installation and quality control of rock support;

(d)the timing of ground support to take account of rock conditions and behaviour.

45   Mine layout, design and construction

A person who has an obligation under the Act to manage risk at a mine in relation to mine layout, design and construction must ensure the layout, design and construction is carried out having regard to the following matters—

(a)relevant geological, geotechnical, meteorological and topographical data;

(b)other relevant information, including information about the following things—

(i)access and travel-ways;

(ii)accommodation;

(iii)extraction processes and facilities;

(iv)fixed emergency facilities;

(v)ground control;

(vi)hazardous chemicals at the mine;

(vii)noise and dust;

(viii)stockpiles, dumps, tailings dams;

(ix)treatment processes and facilities;

(x)underground and surface water;

(xi)vehicle interaction;

(xii)ventilation.

46   Mine roads

(1)A person who has an obligation under the Act to manage risk at a mine in relation to the design and construction of the mine’s roads must ensure the specification for the design and construction enables the safe movement of vehicles about the mine.

(2)The specification must have regard to the particular conditions at the mine, including the following matters—

(a)the characteristics of the mine vehicles;

(b)the types of materials used for road construction;

(c)the mine’s operations.

47   Rail haulage

If rail mounted locomotive haulage is used at a mine, the site senior executive for the mine must ensure the mine has a written procedure for its safe operation.

48   Ventilation

A person who has an obligation under the Act to manage risk in relation to ventilation at a mine must ensure appropriate measures are taken to ensure the ventilating air in a place where a person may be present at the mine is of a sufficient volume, velocity and quality to achieve a healthy atmosphere.

49   Working at heights

The site senior executive for a mine must ensure that, when a person works at a height of more than 2.4m, appropriate facilities are provided to minimise the risk to persons from falling.

Example of appropriate facilities—

a fence, barricade, scaffold, hand rail, bund wall, safety harness, safety restraint or fall arrest equipment

Part 7    Hazardous chemicals and dangerous goods

Division 1 Provisions applying to all hazardous chemicals and dangerous goods

Subdivision 1 Preliminary

49A   Definitions for division

In this division—

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, approved by the Transport and Infrastructure Council.

Note—

The ADG Code is accessible at goods see section 51.

GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under schedule 2A.

Note—

The schedule 2A tables replace some tables in the GHS.

hazardous chemical see section 50.

research chemical means a substance or mixture that—

(a)is manufactured in a laboratory for genuine research; and

(b)is not for use or supply for a purpose other than analysis or genuine research.

safety data sheet means—

(a)for a hazardous chemical that is not a research chemical, waste product or sample for analysis, or for dangerous goods—a document that complies with schedule 2B, section 1; or

(b)for a hazardous chemical that is a research chemical, waste product or sample for analysis—a document that complies with schedule 2B, section 2.

Transport and Infrastructure Council means the council of Commonwealth, New Zealand and State Ministers, established on 11 June 1993 and known as the Transport and Infrastructure Council, but constituted so that it consists of only 1 Minister representing each of the Commonwealth and the States.

Note—

The Transport and Infrastructure Council was previously known as the Australian Transport Council.

50   Meaning of hazardous chemical

A hazardous chemical is a substance, mixture or article that satisfies the criteria for a hazard class in the GHS (including a classification mentioned in schedule 2A), but does not include a substance, mixture or article that satisfies the criteria solely for 1 of the following hazard classes—

(a)acute toxicity—oral—category 5;

(b)acute toxicity—dermal—category 5;

(c)acute toxicity—inhalation—category 5;

(d)skin corrosion/irritation—category 3;

(e)serious eye damage/eye irritation—category 2B;

(f)aspiration hazard—category 2;

(g)flammable gas—category 2;

(h)acute hazard to the aquatic environment—category 1, 2 or 3;

(i)chronic hazard to the aquatic environment—category 1, 2, 3 or 4;

(j)hazardous to the ozone layer.

Note—

The schedule 2A tables replace some tables in the GHS.

51   Meaning of dangerous goods

Dangerous goods means anything defined under the ADG Code as—

(a)dangerous goods; or

(b)goods too dangerous to be transported.

Subdivision 2 Information about hazardous chemicals and dangerous goods

52   Register of hazardous chemicals and dangerous goods

(1)The site senior executive for a mine must ensure the following things are recorded in a register at the mine—

(a)a hazardous chemical used, handled, stored or produced at the mine;

(b)dangerous goods used, handled, stored or produced at the mine;

(c)the current safety data sheet for a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b).

(2)The site senior executive must ensure the register is readily accessible by each worker required to use, handle, store or produce a hazardous chemical, or dangerous goods, at the mine.

52A   Manufacturers, importers and suppliers must mark or label substances

(1)This section applies to a manufacturer, importer or supplier of a substance for use at a mine as mentioned in section 43(2)(a) of the Act.

(2)Without limiting section 43(2)(a) of the Act, the manufacturer, importer or supplier must ensure the substance is correctly marked or labelled when the substance is provided for use at the mine.

(3)A substance is correctly marked or labelled if the mark or label complies with applicable requirements relating to the mark or label stated in—

(a)the GHS; or

(b)a guideline; or

(c)the ADG Code.

53   Labelling and giving information about hazardous chemicals and dangerous goods

(1)The site senior executive for a mine must ensure the following things are correctly marked or labelled—

(a)a hazardous chemical used, handled, stored or produced at the mine;

(b)dangerous goods used, handled, stored or produced at the mine;

(c)any thing containing, or being used to transport, a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b).

(2)A hazardous chemical, dangerous goods, or a thing mentioned in subsection (1)(c) is correctly marked or labelled if a mark or label—

(a)warns persons of the presence of the chemical or goods; and

(b)identifies the chemical or goods; and

(c)to the extent necessary for managing risk, provides basic information about using, handling, storing, producing or transporting the chemical or goods.

(3)If it is not practicable to mark or label a hazardous chemical mentioned in subsection (1)(a), or dangerous goods mentioned in subsection (1)(b), the site senior executive must ensure a notice that gives the warning, identification and basic information mentioned in subsection (2)(c) is placed in a conspicuous place as near as practicable to the chemical or goods.

(4)Also, the site senior executive must ensure a mark, label or notice under this section complies with applicable requirements relating to the mark, label or notice stated in—

(a)the GHS; or

(b)a guideline; or

(c)the ADG Code; or

(d)AS 1345.

(5)This section does not apply in relation to a mineral or quarry material.

(6)In this section—

AS 1345 means the Australian Standard for the identification of the contents of piping, conduits and ducts as in force from time to time under that designation (regardless of the edition or year of publication of the standard).

quarry material see the Forestry Act 1959, schedule 3.

Subdivision 3 Dealing with hazardous chemicals and dangerous goods

54   Selecting hazardous chemicals and dangerous goods

The site senior executive for a mine must ensure a hazardous chemical, or dangerous goods, selected for use at the mine does not create an unacceptable level of risk to a person when used, handled or stored under standard work instructions.

55   Standard work instructions for using, handling and storing hazardous chemicals and dangerous goods

(1)The site senior executive for a mine must ensure the mine has standard work instructions for using, handling or storing a hazardous chemical, or dangerous goods, at the mine.

(2)In developing a standard work instruction under subsection (1), the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.

56   Handling or storing hazardous chemicals and dangerous goods

(1)This section applies to a person who has an obligation under the Act to manage risk at a mine in relation to handling or storing a hazardous chemical or dangerous goods.

(2)The person must ensure the chemical or goods are handled or stored at the mine in a way that is appropriate to the nature of the chemical or goods, so the chemical or goods are—

(a)protected against damage and deterioration; and

(b)secured to prevent loss, misuse and theft; and

(c)for a liquid—bunded to contain spillage.

(3)In managing the risk mentioned in subsection (2), the person must have regard to—

(a)the hazardous properties of the chemical or goods; and

(b)any chemical or physical reaction between the chemical or goods and another substance or mixture, including a substance that may be generated by the reaction and that could be hazardous; and

(c)the nature of the work to be carried out with the chemical or goods; and

(d)any structure, plant or system of work—

(i)that is used in the use, handling, storage or production of the chemical or goods; or

(ii)that could interact with the chemical or goods at the mine.

57   Monitoring, and taking action about, hazardous chemicals and dangerous goods

(1)The site senior executive for a mine must ensure appropriate monitoring in relation to a hazardous chemical, or dangerous goods, at the mine is carried out to—

(a)check the location and amount of the chemical or goods on-site; and

(b)check for deterioration of the chemical or goods, or any packaging of the chemical or goods; and

(c)ensure the chemical or goods are fit for intended use; and

(d)detect leaks, spills and unintended emissions of the chemical or goods; and

(e)detect misuse, theft or other loss of the chemicals or goods.

(2)The monitoring must be carried out under any standard work instruction or other procedure that applies to the monitoring.

(3)The site senior executive for the mine must ensure a hazardous chemical is, or dangerous goods are, disposed of under section 59 if the monitoring shows—

(a)deterioration of the chemical or goods; or

(b)unfitness for use of the chemical or goods.

58   Standard work instruction for dealing with leaks and spills

(1)The site senior executive for a mine must ensure the mine has a standard work instruction for dealing with leaks and spills of a hazardous chemical, or dangerous goods, at the mine.

(2)In developing a standard work instruction under subsection (1), the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.

59   Disposal

(1)This section applies to—

(a)a hazardous chemical, or dangerous goods, at a mine if the chemical or goods are—

(i)deteriorated; or

(ii)past the use-by date; or

(iii)no longer required for use at the mine, including, for example, because the mine is to be abandoned; and

(b)a thing contaminated by a hazardous chemical, or dangerous goods, mentioned in paragraph (a).

(2)The site senior executive for the mine must ensure the chemical, goods or thing is disposed of—

(a)in accordance with—

(i)the safety data sheet for the chemical or goods; or

(ii)information provided, under section 43(2)(a) of the Act, by the manufacturer, importer or supplier of the chemical or goods; and

(b)in a way that does not create an unacceptable level of risk during operations at the mine, after the mine’s operations stop or after the mine is abandoned.

(3)The site senior executive for the mine must ensure the following things are shown on the plans of the mine workings under section 58 of the Act—

(a)a permanent disposal facility for a hazardous chemical or dangerous goods;

(b)another disposal area for a hazardous chemical or dangerous goods.

Subdivision 4 Major hazard facilities

60   Meaning of major hazard facility

(1)A mine is a major hazard facility if—

(a)operations carried on at the mine involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1; and

(b)a hazardous materials emergency at the mine could pose an unacceptable level of risk to persons, property or the environment outside the mine.

(2)In this section—

combustible liquid means a combustible liquid under the flammable and combustible liquids standard.

flammable and combustible liquids standard means AS 1940 ‘The storage and handling of flammable and combustible liquids’, as in force from time to time.

hazardous material—

1

A hazardous material is a substance with potential to cause harm to persons, property or the environment because of 1 or more of the following—

(a)the chemical properties of the substance;

(b)the physical properties of the substance;

(c)the biological properties of the substance.

2

Without limiting paragraph 1, hazardous material includes all dangerous goods, combustible liquids and chemicals.

hazardous materials emergency, at a mine, means a situation involving hazardous materials or suspected hazardous materials at the mine that includes a loss of control, or an imminent risk of loss of control, of the materials or a loss of control of anything that may impact on the materials if the loss of control causes, or the loss of control or imminent risk of loss of control has the potential to cause, material harm to persons, property or the environment.

60A   Meaning of possible major hazard facility

(1)A mine is a possible major hazard facility if relevant operations carried on, or intended to be carried on, at the mine involve or are likely to involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1.

(2)In this section—

relevant operations means operations other than the preparation and use of explosives at a blast site.

60B   Notifying chief inspector if mine is a major hazard facility or a possible major hazard facility

(1)The site senior executive for a mine that is a major hazard facility or possible major hazard facility must notify the chief inspector about the mine—

(a)in the approved form; and

(b)at least 6 months before the mine starts operations.

Maximum penalty—200 penalty units.

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

60C   Notifying chief inspector of certain upgrades of mines

(1)This section applies to a mine, other than a mine that is a major hazard facility, if there is a change in relation to the mine involving the mine becoming a major hazard facility or a possible major hazard facility.

(2)The site senior executive for the mine must notify the chief inspector about the mine—

(a)in the approved form; and

(b)at least 6 months before the mine starts operations as an upgraded mine.

Maximum penalty—200 penalty units.

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

(5)In this section—

upgraded mine means a mine that, as a result of a change in relation to the mine, is a major hazard facility or a possible major hazard facility.

60D   Notifying chief inspector of certain downgrades of mines

(1)This section applies to a mine if—

(a)under section 60B or 60C, a notification (the original notice) has been given about the mine; and

(b)a change proposed in relation to the mine will result in the mine being downgraded, for at least 6 months, from its classification as a major hazard facility or possible major hazard facility stated in the original notice.

(2)The site senior executive for the mine may, in the approved form, notify the chief inspector about the change.

(3)Despite sections 60 and 60A, until the chief inspector is given a notification under subsection (2), the mine is taken to continue to be a major hazard facility or possible major hazard facility as stated in the original notice.

60E   Safety and health management system for mine that is a major hazard facility

(1)The site senior executive for a mine that is a major hazard facility must ensure the mine’s safety and health management system complies with—

(a)the Act and this regulation; and

(b)the national standard safety and health provisions—

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

(ii)as if a reference in the provisions—

(A)to the relevant public authority were a reference to the chief inspector of mines; and

(B)to the operator, employer, occupier or person who has overall management and control of a major hazard facility were a reference to the site senior executive; and

(C)to the safety management system were a reference to the safety and health management system.

(2)In this section—

national standard safety and health provisions means the major hazard facilities standard, sections 6 to 13.

60F   Safety report to chief inspector

(1)The site senior executive for a mine that is a major hazard facility must give a written report (a safety report) to the chief inspector as required under subsection (2).

(2)The safety report must—

(a)comply with the major hazard facilities standard, section 7; and

(b)be given within 16 months after a notice, identifying the mine as a major hazard facility, is given to the chief inspector under section 60B(1) or 60C(2).

Subdivision 5 Miscellaneous

61   [Repealed]

62   First aid measures and personal protective equipment

The site senior executive for a mine must ensure the mine has the first aid measures, and personal protective equipment, recommended in the safety data sheet for each hazardous chemical, or dangerous goods, at the mine.

63   Records

(1)The site senior executive for a mine must ensure a record is kept at the mine of each of the following things relating to a hazardous chemical, or dangerous goods, at the mine—

(a)quantity and location on site;

(b)date of receipt or production;

(c)use, sale or disposal, if any;

(d)deterioration or product failure, if any;

(e)leak, spill, unintended emission, misuse, theft or other loss, if any.

(2)The site senior executive must ensure a record about the disposal of a hazardous chemical, or dangerous goods, on site—

(a)is kept at the mine until the mine’s operations stop; and

(b)after the mine’s operations stop, is given to the CEO.

(3)The site senior executive must ensure a record under subsection (1) about a matter other than a matter mentioned in subsection (2) is kept at the mine until the hazardous chemical, or dangerous goods, to which the record relates have been used, disposed of, or removed from site.

Division 2 Explosives

Note—

See also division 1.

Subdivision 1 General

64   Persons who may handle explosives

(1)A person must not handle an explosive at a mine unless the person—

(a)is authorised in writing by the mine’s site senior executive or underground mine manager (the authorising person) to carry out the handling activity; or

(b)carries out the handling activity under the direct supervision of a person authorised under paragraph (a).

(2)A person may be authorised under subsection (1)(a) only if—

(a)the person holds a current shotfirer licence under the Explosives Act 1999 that is applicable to the mine’s operations; or

(b)the authorising person is satisfied the person—

(i)has the competency accepted by the committee as qualifying the person to carry out the handling activity; or

(ii)has satisfactorily completed a competency-based training program for carrying out the handling activity and is competent to carry it out.

(3)The authorisation must state the handling activities the person is authorised to carry out.

(4)For section 59(1)(e) of the Act, a copy of each authorisation given under subsection (1) is prescribed as a matter that must be included in the mine record.

(5)In this section—

handle, an explosive, includes manufacture, possess, store, transport, prepare for use, use, or dispose of, the explosive.

handling activity, for an explosive, includes the manufacture, possession, storage, transportation, preparation for use, use, or disposal, of the explosive.

65   Selecting explosives

A person who has an obligation under the Act to manage risk at a mine in relation to selecting explosives for use at the mine must ensure the explosives are—

(a)stable; and

(b)fit for their intended use; and

(c)as insensitive as reasonably practicable to shock, sparks, friction and the environment in which they will be stored, transported and used; and

(d)as far as reasonably practicable, simple to store, use, transport and control.

66   Warning about explosives

(1)If explosives are used at a mine, the site senior executive for the mine must ensure—

(a)suitable signs are in place to warn of the explosives’ presence; and

(b)vehicles carrying explosives at the mine are easily identified other than by signs.

Example of identification other than a sign—

a flashing light of a distinctive colour

(2)The site senior executive must ensure the signs and other methods of identification are suitable for each person at the mine to readily identify that explosives are present or being transported.

67   Storing, transporting, using and disposing of explosives

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

(a)the safe and secure storage and transport of explosives at the mine; and

(b)the safe use and disposal of the explosives.

(2)However, if the mine is not required to have a safety and health management system under the Act, the site senior executive for the mine must ensure the mine has a procedure or standard work instruction for the matters mentioned in subsection (1)(a) and (b).

68   Mine vehicles and equipment used for manufacturing, storing and transporting explosives

(1)The site senior executive for a mine must ensure mine vehicles and equipment used to manufacture, store or transport explosives at the mine are equipped, maintained and inspected to manage the risk of fire or explosion.

(2)The site senior executive for a mine must also ensure mine vehicles and equipment used to manufacture, store or transport explosives at the mine are—

(a)in sound mechanical condition and repair; and

(b)designed, maintained and used in a way that protects the explosives against friction, heat, incompatible materials, pressure, shock, sparks and extraneous electricity; and

(c)designed and maintained to provide adequate segregation of detonators from other explosives during manufacture, storage or transport.

(3)The site senior executive for a mine must also ensure that, before a mine vehicle or equipment that has been used to manufacture, store or transport explosives at the mine is repaired on-site or sent off-site for repair, the vehicle or equipment is—

(a)thoroughly cleaned; and

(b)inspected by a person who has the necessary competence; and

(c)certified to be free of explosive residues.

(4)In this section—

Australian explosives code means the third edition of the ‘Australian Code for the Transport of Explosives by Road and Rail’ approved by the Workplace Relations Ministers’ Council.

mine vehicle means a vehicle at a mine, other than—

(a)a road vehicle or vehicle as defined under the ADG Code; or

(b)a special vehicle or vehicle as defined under the Australian explosives code.

Subdivision 2 Blasting procedures

69   Identifying interaction hazards before explosives are used

(1)The site senior executive for a mine must ensure that, before explosives are used at the mine, a risk management process is carried out to identify the hazards that may arise or interact from the use.

(2)Without limiting subsection (1), the process must consider the following matters—

(a)ground at elevated temperature;

(b)radiation;

(c)reactive ground;

(d)lightning;

(e)extraneous electricity;

(f)sympathetic detonation;

(g)the triggering of secondary dust or gas explosions;

(h)unstable ground;

(i)energy originating from friction, impact, static and heat;

(j)unusual applications.

Example of an unusual application—

clearing an accretion in a smelter

(3)Section 10 applies to the risk management process if the mine is required to have a safety and health management system under the Act.

70   Blasting procedures

(1)If blasting is carried out at a mine, the site senior executive for the mine must ensure the mine has written procedures for the blasting.

(2)The procedures must provide for the following matters—

(a)ensuring equipment used for charging and firing is maintained in a good operating condition;

(b)cleaning blast holes before charging;

(c)blast times;

(d)warning and guarding persons against entering an unsafe area during a blast;

(e)removing persons who may be injured by a blast to a safe place before firing takes place;

(f)the ability for each person involved in firing the blast to reach a safe position, by walking at normal walking pace, before the blasting happens;

(g)firing a blast from a position that is safe from the effects of the blast;

(h)deciding when it is safe to re-enter the blasted area;

(i)examining the blasted area and blast hole remnants safely;

(j)communicating, from 1 shift to another, information about charging and blasted locations.

(3)The procedures must provide for the following additional matters, as are appropriate, having regard to the nature, size and complexity of the blasting—

(a)keeping air blast, air overpressure, dust generation, flyrock, ground vibration and noise within acceptable limits;

(b)keeping the effect on ground stability to as low as practicable;

(c)keeping blast times within worker and community expectations for blasting;

(d)finalising blast design and firing sequence;

(e)recording the results of blast monitoring at the mine, including the monitoring of ground vibration.

71   Blasting in hot material

(1)This section applies if blasting is carried out at a mine in material that is at least 55ºC or in known, or potential, reactive ground.

Example of reactive ground—

ground containing sulphides that oxidise easily

(2)Before the blasting is carried out, the site senior executive for the mine must ensure the mine has a written procedure or standard work instruction to ensure—

(a)heat-induced initiation does not happen before firing; or

(b)each person involved in loading or firing the blast has time to reach a safe place before heat-induced initiation happens.

72   Misfires

The site senior executive for a mine must ensure the mine has a written procedure or standard work instruction for the earliest practicable—

(a)detection, recording, dealing with and treatment of misfires at the mine; and

(b)warning of the misfire and presence of explosives.

73   Disposing of explosives

(1)The site senior executive for a mine must ensure the disposal of explosives on the surface of the mine complies with AS 2187.

(2)The site senior executive for a mine must also ensure explosives disposed of underground at the mine are disposed of other than by burning or burying.

(3)Before operations cease at the mine, the site senior executive must ensure all explosives at the mine are—

(a)located and accounted for; and

(b)either removed from site or disposed of under subsection (1) or (2).

(4)For subsection (3)(a), accounting for all explosives at the mine includes detailing, through appropriate record keeping, what has happened to all explosives that have been transported to the mine or manufactured at the mine.

Subdivision 3 Storing explosives underground at underground mines

74   Underground storage

(1)The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure explosives stored underground at the mine are stored in an underground magazine or underground temporary storage.

(2)The person must also ensure—

(a)the quantity of explosives stored is as low as reasonably practicable for the operations in which they are to be used; and

(b)blasting agents and detonator sensitive explosives are stored in areas segregated from each other; and

(c)detonators are segregated from other explosives; and

(d)only things associated with storing the explosives are stored in the underground storage.

(3)This section does not apply to explosives stored in an adit, drive or similar underground excavation that is separate from, or not integrated with or connected to, an underground mining operation in which explosives are used.

75   Underground storage location

The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure an underground magazine at the mine is located away from the following things at the mine—

(a)major access routes;

(b)emergency escape routes or emergency refuges;

(c)high occupancy areas;

(d)other hazardous chemicals;

(e)major service facilities;

(f)known micro-seismic areas.

76   Underground magazine design

The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure each underground magazine at the mine is designed and maintained to ensure—

(a)explosives in the magazine are—

(i)protected against friction, impact, static and heat; and

(ii)adequately ventilated to keep them cool and dry; and

(iii)secured against theft; and

(b)detonators in the magazine are adequately segregated from other explosives; and

(c)when a person is present in the magazine, the atmospheric contaminants in the magazine do not exceed the general exposure limits for the contaminants; and

(d)equipment used for moving or storing explosives can be manoeuvred safely in the magazine.

77   Underground temporary storage

(1)The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure an underground temporary storage area at the mine is located near where the explosives stored in the area are to be used.

(2)The person must also ensure the underground temporary storage area is maintained and operated to ensure—

(a)explosives in the storage area—

(i)do not exceed the quantity needed for the operations in which they are to be used; and

(ii)are protected against accidental impact; and

(b)detonators in the storage area are—

(i)stored in a locked containers; and

(ii)adequately segregated from other explosives; and

(c)containers in which explosives are stored are—

(i)constructed to protect the explosives against impact, squeezing and theft; and

(ii)cleaned of residual explosives before being reused; and

(d)explosives are removed from the storage area and the storage area closed when the blasting operations for which the explosives were stored stop.

78   Record of underground storages

The underground mine manager, or, if there is no underground mine manager, the site senior executive for a mine, must ensure an up-to-date record of the number and location of underground magazines and underground temporary storages is—

(a)kept at the mine; and

(b)made available to an inspector at the inspector’s request.

Subdivision 4 Miscellaneous

79   Theft or other loss of explosives

(1)The site senior executive for a mine must ensure the mine has a system or written procedure for—

(a)detecting theft or other loss of an explosive during any part of its life cycle; and

(b)reporting the theft or loss under section 195 of the Act.

(2)The site senior executive must ensure the system or procedure provides for recording the following information about the theft or loss—

(a)the type of explosive stolen or lost;

(b)the date and time of the theft or loss;

(c)any identifying characteristic of the explosive.

79A   Accountability for explosives

(1)A person at a mine who has the immediate custody or control of any explosives, whether for the purpose of storing, transporting, using or disposing of the explosives or for another purpose, must ensure the following requirements are complied with—

(a)if the person takes the explosives from storage at the mine, the person must—

(i)deliver the explosives to a person authorised to receive them, and account for them on delivery; or

(ii)use the explosives, and account for their use;

(b)if the person transports the explosives at the mine, the person must deliver the explosives to a person designated to receive the explosives, and must account for the explosives both when received for transport and when delivered;

(c)if the person uses the explosives, the person must—

(i)account for the explosives; and

(ii)return all explosives that are surplus to what is required to their storage location, and account for the explosives;

(d)the person must account for the explosives if the explosives are destroyed or disposed of.

(2)If the person can not properly account for any of the explosives in accordance with subsection (1), the person must report the failure, using the system or written procedure established under section 79.

(3)In this section—

account for, in relation to explosives, means—

(a)accurately detail, through appropriate record keeping, what happens to the explosives; and

(b)provide enough information for detecting theft or other loss under the system or written procedure established under section 79.

Part 8    Mine plans

80   Survey grid system

The site senior executive for a mine must ensure—

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

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

81   Protecting survey data against loss, damage or unauthorised access

The site senior executive for a mine must ensure the mine’s current survey data is kept in a secure way to protect the data against loss, damage or unauthorised access.

82   Plans of mine workings

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

(a)the location of natural and artificial features;

(b)surface drill holes.

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

83   Plans of operations undertaken at abandoned mine

(1)This section applies to a person who is required, under section 58(3) of the Act, to give the chief inspector plans showing the extent of operations at an abandoned mine.

(2)The person must ensure the plans are in the format and of the quality required by the chief inspector.

Example of quality for subsection (2)—

the quality of paper or ink used for the plans

Part 9    Persons on site

Division 1 Fitness

84   Alcohol and drugs

(1)A person must not carry out operations at a mine, or enter an operating part of a mine, if the person is under the influence of alcohol, or is impaired by a drug, to the extent the alcohol or drug impairs, or could impair, the person’s ability to safely carry out the person’s duties at the mine.

(2)A person must not consume alcohol at a mine other than in—

(a)an accommodation facility; or

(b)a recreation area designated, in writing, by the site senior executive for the mine for the purpose under a written procedure for designating the area.

85   Fitness of workers

The site senior executive for a mine must ensure a worker at the mine does not carry out work at the mine unless the worker’s fitness level has been decided under section 87 as adequate for the work.

86   Worker’s self-assessment of fitness level

Each worker at the mine must periodically conduct a self-assessment of the worker’s condition, including, for example, for effects of heat strain or fatigue, to decide if the worker is in a fit condition to carry out the worker’s duties at the mine without creating an unacceptable level of risk.

87   Assessing workers to decide fitness level

(1)The site senior executive for a mine must ensure—

(a)each worker at the mine is assessed to decide if the worker’s fitness level is adequate to enable the worker to carry out work at the mine without creating an unacceptable level of risk; and

(b)a record of the assessment (a fitness assessment record) is kept.

(2)The assessment must be carried out in an appropriate way, including, for example, by a medical examination, having regard to the nature of the work.

(3)The assessment must be carried out—

(a)before the worker first starts work at the mine; and

(b)whenever the worker’s duties change; and

(c)periodically, as necessary, to assess—

(i)changes in the worker’s fitness for the work; or

(ii)the adequacy of the worker’s fitness level for the work.

(4)If the site senior executive considers the assessment needs to be carried out by a medical examination, the site senior executive must arrange for the assessment to be done by, or under the supervision of, an appropriate doctor.

(4A)The appropriate doctor must give—

(a)the site senior executive a fitness assessment report; and

(b)the worker a copy and explanation of the report.

(5)The worker’s employer must pay for the assessment and fitness assessment report.

Maximum penalty—30 penalty units.

(6)Subsection (5) is not a safety and health obligation for the Act.

88   Fitness of visitors

(1)The site senior executive for a mine must ensure a visitor does not enter an operating area at the mine unless, having regard to conditions prevailing in the area, the visitor’s fitness level is adequate to visit the area.

(2)The site senior executive for a mine must also ensure—

(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 visit the area; and

(b)a record of the assessment (also a fitness assessment record), including, for example, a copy of the questionnaire, is kept.

89   Work hours and rest breaks

A mine’s safety and health management system must provide for controlling risk at the mine arising out of personal fatigue caused by excessive work hours or insufficient rest periods.

90   Amenities for workers’ fitness and health

(1)The site senior executive for a mine must ensure the mine has appropriate amenities for use by workers to maintain their fitness and health.

(2)Without limiting subsection (1), the amenities must include the following things, as appropriate, having regard to the nature of the mine’s operations—

(a)food storage and consumption facilities;

(b)supplies of cool drinking water;

(c)washing and bathing facilities;

(d)toilet facilities;

(e)refuse disposal.

(3)Also, if a worker remains on site between shifts, the amenities must include the following things—

(a)facilities for rest, sleep and recreation;

(b)food;

(c)provision for washing clothes;

(d)an appropriate and effective communication system.

(4)The site senior executive must also ensure the amenities are—

(a)within a reasonable distance of each workplace at the mine; and

(b)kept in a hygienic condition.

Division 2 Training and assessment

91   Induction training and assessment

(3)Despite section 3(2), biological monitoring of a worker under this section does not need to be done by, or under the supervision of, an appropriate doctor.

(4)If biological monitoring of a worker under this section is carried out by a person who is not an appropriate doctor, and who is not carrying out the biological monitoring under the supervision of an appropriate doctor, sections 1(1)(c) and 3(3) apply to the person as if a reference in the sections to the appropriate doctor were a reference to the person.

(5)In this section—

last biological monitoring, of a worker, means the last biological monitoring of the worker that included testing of the worker’s blood to determine the worker’s blood lead level.

23    Notifying chief inspector about health surveillance report

(1)This section applies if a site senior executive for a mine receives a copy of a health surveillance report about the lead health surveillance or biological monitoring of a worker arranged under this division.

(2)The site senior executive must notify the chief inspector about the report—

(a)in the approved form; and

(b)within 28 days after the site senior executive receives a copy of the report.

Maximum penalty—60 penalty units.

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

Division 3 Removal of worker from lead risk job

24   Removal of worker from lead risk job

(1)This section applies in relation to a worker who carries out a lead risk job at a mine if, following lead health surveillance or biological monitoring of the worker arranged under this part—

(a)test results indicate the worker’s blood lead level has reached or exceeded—

(i)for a person other than a female of reproductive capacity—30µg/dL (1.45µmol/L); or

(ii)for a female of reproductive capacity—10µg/dL (0.48µmol/L); or

(b)an appropriate doctor recommends the worker be removed from carrying out the lead risk job; or

(c)there is an indication that a measure implemented to control health risks from exposure to lead at the mine has failed and, as a result, the worker’s blood lead level is likely to reach or exceed the level mentioned in paragraph (a).

(2)The site senior executive for the mine must immediately remove the worker from carrying out a lead risk job.

(3)The site senior executive must notify the chief inspector in the approved form as soon as practicable after the worker is removed from carrying out a lead risk job under subsection (2).

Maximum penalty—60 penalty units.

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

25   Arranging lead health surveillance if worker removed from lead risk job

(1)This section applies if a worker is removed from carrying out a lead risk job at a mine under section 24.

(2)The site senior executive for the mine must arrange for lead health surveillance of the worker within 7 days after the day the worker is removed under section 24.

26    Return to lead risk job after removal

(1)This section applies if—

(a)a worker is removed from carrying out a lead risk job at a mine under section 24; and

(b)the site senior executive for the mine expects the worker to return to carrying out a lead risk job at the mine.

(2)The site senior executive must arrange for biological monitoring of the worker at a frequency decided by an appropriate doctor to determine whether the worker’s blood lead level is low enough for the worker to return to carrying out a lead risk job.

(3)The site senior executive must ensure that the worker does not return to carrying out a lead risk job until—

(a)the worker’s blood lead level is less than—

(i)for a person other than a female of reproductive capacity—20µg/dL (0.97µmol/L); or

(ii)for a female of reproductive capacity—5µg/dL (0.24µmol/L); and

(b)an appropriate doctor is satisfied that the worker is fit to return to carrying out a lead risk job.

(4)The site senior executive must notify the chief inspector in the approved form as soon as practicable if a worker returns to carrying out a lead risk job under subsection (3).

Maximum penalty—60 penalty units.

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

27   Removal of pregnant or breastfeeding worker from lead risk job

(1)This section applies if a site senior executive for a mine is advised or otherwise knows a worker who carries out a lead risk job at the mine—

(a)is pregnant or may be pregnant; or

(b)is breastfeeding.

(2)The site senior executive must immediately remove the worker from carrying out a lead risk job.

28   Return to lead risk job after pregnancy or breastfeeding

(1)This section applies if—

(a)a worker is removed from carrying out a lead risk job at a mine under section 27; and

(b)the site senior executive for the mine expects the worker to return to carrying out a lead risk job at the mine.

(2)The site senior executive must ensure that the worker does not return to carrying out a lead risk job until the worker is not pregnant or breastfeeding.

Division 4 Miscellaneous

29    Cost of lead health surveillance

(1)The employer of a worker must pay for—

(a)any lead health surveillance or biological monitoring of the worker arranged under this part; and

(b)the documents and information required to be given under section 3(3) for lead health surveillance or biological monitoring mentioned in paragraph (a).

Maximum penalty—30 penalty units.

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

Part 5    Keeping health surveillance reports

30    Keeping health surveillance reports

(1)A site senior executive for a mine must ensure a copy of a health surveillance report obtained under this regulation is kept for at least the following period after the report is received—

(a)for a hazard with a cumulative or delayed effect—30 years;

Examples—

lead, silica, noise or vibration

(b)for another hazard—7 years.

(2)If the mine ceases operations in the period the copy of the health surveillance report is required to be kept under subsection (1), the site senior executive must ask for, and comply with, the CEO’s directions about the copy’s storage.

Schedule 3 Prohibited substances

section 148

Column 1 Prohibited substance	Column 2 Prohibited purpose
amosite, crocidolite, fibrous anthophyllite, tremolite or actinolite	all uses, other than sampling, analysis, maintenance, removal, disposal, encapsulation or enclosure
chrysotile, other than chrysotile occurring in a product or item exempted under NOHSC’s document called ‘National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005 (1994)]’, schedule 2	all uses, other than research, analysis, removal or disposal
compressed natural gas, hydrogen, liquid petroleum gas, petrol	use underground in an internal or external combustion engine

Schedule 4 Declarations about mines

section 149

Part 1    Places declared to be mines

University of Queensland mine located at 40 Isles Road, Indooroopilly

Part 2    Mines or parts of mines to which Act does not apply

1a part of a mine where electrical works owned by an electricity entity, other than RTA Weipa Pty Ltd ABN 54 137 266 285, are located

2a part of a mine on or adjacent to mining lease 8058, held by Mount Isa Mines Limited ACN 87 009 661 447, where the Mount Isa Water Board carries out activities in connection with providing water for the City of Mount Isa or operations on or adjacent to the mining lease

Note—

The area where the Mount Isa Water Board carries out the activities is shown outlined in red on Mount Isa Mines Limited plan number MIWB DME 1 held by the department.

Schedule 5 General exposure limits for hazards

schedule 7, definition general exposure limit

Column 1 Hazard	Column 2 General exposure limit
airborne contaminant other than welding fumes, diesel particulate matter or respirable crystalline silica	the exposure standard assigned to the contaminant in the airborne contaminants standards
inhalable dust to which an exposure standard is not assigned in the airborne contaminants standards	10mg/m3
ionising radiation	the dose limit stated in NOHSC’s document called ‘National Standard for Limiting Occupational Exposure to Ionizing Radiation [NOHSC:1013 (1995)]’, schedule 1
noise	the dose limit stated in NOHSC’s document called ‘National Standard for Occupational Noise 2nd edition [NOHSC:1007 (2000)]’
respirable crystalline silica (quartz, cristobalite and tridymite)	0.05mg/m3
respirable dust to which an exposure standard is not assigned in the airborne contaminants standards	5mg/m3
welding fumes	5mg/m3

Schedule 5A Civil penalties

section 150A

Part 1    Category 1 obligations

1the safety and health obligation under section 39(1)(c) of the Actto develop a safety and health management system for a mine at which more than 10 workers are employed

Part 2    Category 2 obligations

1the safety and health obligation under section 136(2) of this regulation (relating to monitoring for exposure to hazards)

Part 3    Category 3 obligations

1the safety and health obligation under section 39(1)(c) of the Actto implement a safety and health management system for a mine that includes the procedures or standard work instructions mentioned in sections 42, 47, 55, 58, 70, 71, 72, 79, 128 and 141 of this regulation

2the obligations under section 131 and schedule 2E, sections 5, 6, 8, 13, 21, 22, 25, 29 and 30 of this regulation (relating to health assessments and health surveillance)

3the obligations under section 195 of the Act (relating to notification of accidents, incidents, or deaths)

4the obligations under section 195AA(1) of the Act (relating to notification of diseases)

Schedule 6 Fees

sections 11C, 11F and 151

Part 1    Board of examiners’ fees

Fee units
1	Application for assessment for a first class certificate of competency	44.95
2	Issuing a duplicate certificate of competency to replace a lost, destroyed or defaced certificate	8.70

Part 2    Other fees

Fee units
1	Safety and health fee, for a mine, for a reporting period that is a quarter (s 11C(2))—
(a)  if the number of workers working at the mine during the quarter is 5 or fewer	nil
(b)  if the number of workers working at the mine during the quarter is more than 5 but not more than 10—for each worker working at the mine during the quarter	32.00
(c)  if the number of workers working at the mine during the quarter is more than 10 but not more than 19—for each worker working at the mine during the quarter	128.00
(d)  if the number of workers working at the mine during the quarter is more than 19 but not more than 99—for each worker working at the mine during the quarter	239.75
(e)  if the number of workers working at the mine during the quarter is more than 99—for each worker working at the mine during the quarter	319.75
2	Safety and health fee, for a mine, for a reporting period that is a financial year (s 11C(2))—
(a)  if the number of workers working at the mine during the financial year is 5 or fewer	nil
(b)  if the number of workers working at the mine during the financial year is more than 5 but not more than 10—for each worker working at the mine during the financial year	128.00
(c)  if the number of workers working at the mine during the financial year is more than 10 but not more than 19—for each worker working at the mine during the financial year	512.00
(d)  if the number of workers working at the mine during the financial year is more than 19 but not more than 99—for each worker working at the mine during the financial year	959.00
(e)  if the number of workers working at the mine during the financial year is more than 99—for each worker working at the mine during the financial year	1,279.00
3	Fee for late safety and health census (s 11F(4))	121.40

Schedule 7 Dictionary

section 3

accredited laboratory, in relation to biological monitoring, means an Australian laboratory accredited by NATA as competent to perform the biological monitoring.

additional examination, for schedule 2E, part 3, see schedule 2E, section 7.

ADG Code, for chapter 2, part 7, see section 49A.

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.

airborne contaminants guide means the document called ‘Guidance on the interpretation of workplace exposure standards for airborne contaminants’ published by Safe Work Australia.

airborne contaminants standards means the document called ‘Workplace exposure standards for airborne contaminants’ published by Safe Work Australia.

appropriate doctor, for health surveillance or a health assessment of a person, means a doctor who—

(a)is appropriately qualified; and

(b)has demonstrated knowledge of the risks associated with activities performed by workers at the mine at which the person becomes, is or stops being a worker.

AS or AS/NZS means a standard published by Standards Australia Limited ACN 087 326 690.

AS 2187 means AS 2187 ‘Explosives—Storage, transport and use’.

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

(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.

atmospheric contaminants guidance note ...

Australian Qualifications Framework ...

biological monitoring means testing by an accredited laboratory for the presence of a hazardous chemical, its metabolites or a biochemical change in a person’s body tissue, exhaled air or fluid resulting from exposure to the hazardous chemical.

Example—

testing a person’s blood to determine the person’s blood lead level

blasting explosive means an explosive that contributes the majority of the blasting work in mining or quarrying.

blood lead level means the concentration of lead in whole blood expressed in micrograms per decilitre (µg/dL) or micromoles per litre (µmol/L).

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 schedule 2E, part 3, see schedule 2E, section 7.

chest x-ray examination, for schedule 2E, part 3, see schedule 2E, section 7.

comparative assessment, of a person’s spirometry, for schedule 2E, part 3, see schedule 2E, section 7.

conveyance includes a skip, cage, kibble or stage.

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 2D.

CPD activity, in relation to a certificate of competency or a site senior executive notice, see section 148E(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 148B.

CPD period, for the holder of a certificate of competency or site senior executive notice, see section 148B.

CPD total hours, for the holder of a certificate of competency or site senior executive notice, see section 148E(3)(c).

dangerous goods see section 51.

detonator means a capsule or case containing an explosive of high sensitivity used for initiating another explosive.

effect, of a hazard, means the hazard’s effect on a person’s safety or health.

electrical work means electrical work within the meaning of the Electrical Safety Act 2002.

electrical works, for schedule 4, part 2, means electrical equipment and electric line associated equipment within the meaning of the Electrical Safety Act 2002.

electricity entity, for schedule 4, part 2, has the meaning given by the Electrical Safety Act 2002.

emergency response plan means an emergency response plan developed under section 35.

employer, for a worker, means the operator or contractor who employs the worker.

explosive means—

(a)a blasting explosive; or

(b)a detonator.

exposed, to a hazard that is a substance, for a person, means the person has absorbed, or is likely to absorb, the substance—

(a)by ingestion or inhalation; or

(b)through the skin or mucous membrane.

exposure limit, applying to a worker for a hazard, means—

(a)if the worker does not have a personal exposure limit for the hazard—the general exposure limit for the hazard or, if the general exposure limit has been adjusted for the worker under section 134, the limit as adjusted; or

(b)if the worker has a personal exposure limit for the hazard—the personal exposure limit or, if the personal exposure limit has been adjusted for the worker under section 134, the limit as adjusted.

extra low voltage means a voltage of less than 50V a.c. or 120V d.c., ripple free.

extraneous electricity, for blasting, means an unintended electrical current from a source other than the firing device which could initiate a detonator.

Examples—

stray currents, induced currents, static electricity and radio-frequency energy

female of reproductive capacity means a female other than a female who provides information stating the female is not of reproductive capacity.

fitness assessment record see sections 87(1) and 88(2).

fitness assessment report, for a worker, means written information, other than a medical record, about the worker’s fitness for work.

former worker, for schedule 2E, part 3, see schedule 2E, section 14.

further reading, of an x-ray taken of a person’s chest, for schedule 2E, part 3, see schedule 2E, section 7.

further surveillance period, for a person, for schedule 2E, part 3, see schedule 2E, section 7.

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

general exposure limit, for a hazard mentioned in schedule 5, column 1, means the exposure standard, dose limit or other limit stated opposite the hazard in schedule 5, column 2.

GHS see section 49A.

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 50.

hazardous substance ...

health assessment record see sections 131(2) and 132(b).

health assessment report, for a worker, means written information, other than a medical record, about the worker’s ability to tolerate a hazard without harming the worker or the worker’s children.

health surveillance means the monitoring, including biological monitoring, medical examination and medical assessment, of a person to check for changes in the person’s health because of exposure to a hazard.

health surveillance report, for schedule 2E, see schedule 2E, section 1.

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

ILO guidelines, for schedule 2E, part 3, see schedule 2E, section 7.

inhalable dust see the airborne contaminants guide, chapter 5.

inspirable dust ...

in transit, for material at a mine, means—

(a)at the mine for not more than 5 days; and

(b)not used or to be used at the mine; and

(c)if supplied in tanks or packages, supplied in tanks or packages that are not opened.

lead means lead metal, lead alloys, inorganic lead compounds and lead salts of organic acids.

lead health surveillance, for schedule 2E, part 4, see schedule 2E, section 20.

lead process means a process that consists of any of the following processes—

(a)work that exposes a worker to lead dust or lead fumes arising from the handling of dry lead compounds;

(b)work in connection with the assembly, handling or repair of batteries, or parts of batteries, containing lead that involves the manipulation of dry lead compounds, or pasting or casting lead;

(c)spraying molten lead metal or alloys containing more than 5% by weight of lead metal;

(d)melting or casting lead alloys containing more than 5% by weight of lead metal in which the temperature of the molten material exceeds 450°C;

(e)recovering lead from its ores, oxides or other compounds by thermal reduction process;

(f)dry machine grinding, discing, buffing or cutting by power tools alloys containing more than 5% by weight of lead metal;

(g)dry machine grinding, discing, buffing or cutting by power tools of dry lead compounds containing more than 1% by weight of lead metal;

(h)machine sanding or buffing surfaces coated with paint containing more than 1% by dry weight of lead;

(i)a process by which electric arc, oxyacetylene, oxy gas, plasma arc or a flame is applied for welding, cutting or cleaning to the surface of metal coated with lead or paint containing more than 1% by dry weight of lead metal;

(j)radiator repairs that may cause exposure to lead dust or lead fumes;

(k)fire assays if lead, lead compounds or lead alloys are used;

(l)hand grinding and finishing lead or alloys containing more than 50% by dry weight of lead;

(m)spray painting with lead paint containing more than 1% by dry weight of lead;

(n)melting lead metal or alloys containing more than 50% by weight of lead metal if the exposed surface area of the molten material exceeds 0.1m² and the temperature of the molten material does not exceed 450°C;

(o)using a power tool, including abrasive blasting and high pressure water jets, to remove a surface coated with paint containing more than 1% by dry weight of lead and handling waste containing lead resulting from the removal;

(p)any other work that exposes a worker to lead dust or lead fumes during operations.

lead process area means a part of a mine at which a lead process is carried out.

lead risk job, for a worker, means work carried out in a lead process that causes, or is likely to cause, the worker’s blood lead level to exceed—

(a)for a person other than a female of reproductive capacity—20µg/dL (0.97µmol/L); or

(b)for a female of reproductive capacity—5µg/dL (0.24µmol/L).

local environment, of a mine, means the area outside the mine site affected, or reasonably likely to be affected, by operations at the mine.

lock-out, plant, means attach a lock to the plant or an enclosure in which the plant is located.

major hazard facilities standard means NOHSC’s document called ‘National Standard for the Control of Major Hazard Facilities [NOHSC:1014 (2002)]’.

major hazard facility see section 60.

manufacture an explosive, means manufacture the explosive within the meaning of the Explosives Act 1999.

medical record, of a person, means personal medical results or clinical findings obtained from a fitness or health assessment or health surveillance of the person.

MSDS ...

NATA means the National Association of Testing Authorities, Australia ACN 004 379 748.

NICNAS summary report ...

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

occupational asthma, in relation to a person, means asthma caused or exacerbated by the person’s work or environmental factors at the person’s workplace.

occupational cancer, in relation to a person, means cancer caused, wholly or partly, by the person’s work or environmental factors at the person’s workplace.

personal exposure limit, for a person, means the personal exposure limit set for the person under section 133(2).

possess an explosive, means possess the explosive within the meaning of the Explosives Act 1999.

possible major hazard facility see section 60A.

practising certificate ...

practising certificate scheme, for chapter 2A, see section 148E(2).

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

relevant holder, for chapter 2A, see section 148B.

reporting period, for a mine, for chapter 2, part 2A, see section 11A.

research chemical see section 49A.

respirable dust see the airborne contaminants guide, chapter 5.

respirable synthetic mineral fibre ...

respiratory health examination, for a person, for schedule 2E, part 3, see schedule 2E, section 7.

respiratory health surveillance, for schedule 2E, part 3, see schedule 2E, section 7.

responsible person, for a mine, for chapter 2, part 2A, see section 11B.

safety and health census, for chapter 2, part 2A, see section 11D(1).

safety and health fee see section 11C(1).

safety data sheet see section 49A.

Safe Work Australia means Safe Work Australia as established under the Safe Work Australia Act 2008 (Cwlth), section 5.

SDS ...

store an explosive, means store the explosive within the meaning of the Explosives Act 1999.

tag, plant or a part of plant, means attach a tag to the plant or part or an enclosure in which the plant is located.

underground magazine means an underground magazine as defined in AS 2187.

Note—

AS 2187.0—

underground magazine—An enclosed cavity formed in underground rock, or a magazine constructed in accordance with AS 2187.1 for underground use, which is used for the storage of explosives and detonators.

underground temporary storage means an area that is—

(a)underground at a mine; and

(b)set aside temporarily for storing explosives for imminent use in operations that are in progress near the temporary storage.

visitor means a person other than a worker.

winder means a winding engine for raising or lowering a conveyance in a shaft, winze or raise.

winding equipment includes the following things—

(a)a winder;

(b)a conveyance;

(c)a counterweight for the conveyance;

(d)ropes and attachments associated with the winding process;

(e)a headframe;

(f)guides;

(g)equipment for loading and unloading the conveyance.

work environment, at a mine, includes the mine site and plant at the site.