Occupational Health and Safety Amendment (Coal Workplaces) Regulation 2006 (NSW)
2006 No 793
New South Wales
Occupational Health and Safety Amendment (Coal Workplaces) Regulation 2006
under the
Occupational Health and Safety Act 2000
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Occupational Health and Safety Act 2000.
IAN MACDONALD, M.L.C., Minister for Mineral Resources
Explanatory note
At present, the term mine is defined in the Occupational Health and Safety Act 2000 to mean a mine within the meaning of the Mines Inspection Act 1901 or the Coal Mines Regulation Act 1982 (and to include a coal preparation plant that is a declared plant under Part 5A of the latter Act). Clause 4 (3) of the Occupational Health and Safety Regulation 2001 provides that that Regulation does not apply to a mine, except as specified in Schedule 4 to that Regulation. Schedule 4 applies certain provisions of the Regulation to all mines and certain other provisions only to coal mines.
The Coal Mine Health and Safety Act 2002 amended the Occupational Health and Safety Act 2000 so that, in that latter Act, mine now refers only to a mine within the meaning of the Mines Inspection Act 1901 and the term coal workplace is separately defined as a place of work to which the Coal Mine Health and Safety Act 2002 applies.
The object of this Regulation is to amend the Occupational Health and Safety Regulation
2001 as follows:
| (a) | to separately specify which provisions of that Regulation apply to a coal workplace (Schedule 1 [1] and [8]), |
| (b) | to update references to a Department that has been abolished (Schedule 1 [2] and [5]), |
| (c) | to update references to “mine”, so as to refer separately to mines and coal workplaces (Schedule 1 [3] and [4]), |
| (d) | to provide for the sharing of information between WorkCover and the Department of Primary Industries (Schedule 1 [6]), |
| Published in Gazette No 189 of 22 December 2006, page 11711 | Page 1 |
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| Occupational Health and Safety Amendment (Coal Workplaces) Regulation 2006 Explanatory note | |
| (e) | to remake Schedule 4 so that it relates only to the application of the Occupational Health and Safety Regulation 2001 to mines within the meaning of the Mines Inspection Act 1901 (that is, not to coal workplaces) (Schedule 1 [7]). |
This Regulation is made under the Occupational Health and Safety Act 2000, including section 33 (the general regulation-making power).
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2006 Clause 1
Occupational Health and Safety Amendment (Coal
Workplaces) Regulation 2006
under the
Occupational Health and Safety Act 2000
1 Name of Regulation
This Regulation is the Occupational Health and Safety Amendment
(Coal Workplaces) Regulation 2006.
2 Commencement
This Regulation commences on 23 December 2006.
3 Amendment of Occupational Health and Safety Regulation 2001
The Occupational Health and Safety Regulation 2001 is amended as set out in Schedule 1.
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(Clause 3)
[1] Clause 4 Application of Regulation
Insert after clause 4 (3):
(4) This Regulation does not apply to a coal workplace, except as
specified in Schedule 4A.
[2] Clause 357 Additional officers authorised to consent to the institution of proceedings for offences
Omit “Mineral Resources”. Insert instead “Primary Industries”.
[3] Clause 357
Insert “or coal workplace” after “mine”.
[4] Clause 358 Application of Act to mines and coal workplaces: references to WorkCover
Insert “or coal workplace” after “mine” wherever occurring.
[5] Clause 358
Omit “Mineral Resources” wherever occurring.
Insert instead “Primary Industries”.[6] Clause 358A
Insert after clause 358:
| 358A | Sharing of information between WorkCover and Department of Primary Industries | |||
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[7] Schedule 4
Omit the Schedule. Insert instead:
Schedule 4 Application of Regulation to mines
(Clause 4 (3))
Note. Mine is defined in the Act as having the same meaning as in the Mines
Inspection Act 1901.1 Application of interpretation and other provisions of Chapter 1 to relevant provisions
To remove any doubt, to the extent that Chapter 1 or any other provision of this Regulation provides for the interpretation of a term used in, or application of, a provision referred to in this Schedule (a relevant provision), that Chapter and provision apply to the relevant provision in its application to a mine.
2 Application of workplace consultation provisions to mines
Chapter 3 applies to a mine.
3 Application of asbestos-related provisions to mines
The following provisions of this Regulation apply to a mine:
(a) Division 1 (General duties of controllers of premises) of Part 4.2, to the extent that it imposes duties with respect to hazards caused by the presence of material containing asbestos, (b) Division 4 (Asbestos) of Part 4.2, (c) Part 8.7 (Asbestos—particular provisions), (d) Chapter 10 (Licensing of certain businesses), to the extent that it relates to asbestos removal work, (e) Chapter 11 (Permits for certain work), to the extent that it relates to friable asbestos removal work, (f) Part 12.3 (Notifications of proposed work), to the extent that it relates to bonded asbestos removal work. Note. See also clause 5 of this Schedule (concerning hazardous substances).
4 Application of atmosphere provisions to mines
(1) Clauses 50 and 51 apply to a mine, subject to subclause (2).
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(2) Clauses 50 and 51 do not apply to the atmosphere of a mine to the extent that more stringent provision is made by or under another Act in relation to that atmosphere than is made by those clauses. 5 Application of hazardous substances provisions to mines
(1) Parts 6.1–6.3 apply to a mine. (2) Clause 164, to the extent that it relates to use of a hazardous
substance that is a form of asbestos, applies to a mine.(3) Clause 362 and Schedule 3 apply to the supply or use of
chrysotile (white asbestos) in a mine.6 Application of dangerous goods provisions to mines
Chapter 6A (Dangerous goods) applies to a mine.
7 Application of notification of proposed work provision to mines
Clause 345, to the extent that it relates to use of a notifiable or prohibited carcinogenic substance (as defined in Part 6.3) that is a form of asbestos, applies to a mine.
Note. See also clause 3 (f) of this Schedule (which relates to notifications of bonded asbestos removal work in mines).
8 Application of miscellaneous provisions to mines
(1) Parts 12.4 and 12.5 apply to a mine. (2)
Except as provided by subclause (3), a reference in a provision of Part 12.4 or 12.5 to WorkCover, in connection with the application of the provision to a mine, is taken to be a reference to the Director-General of the Department of Primary Industries.
(3) Subclause (2) does not apply to any reference to the extent that it
relates to:
(a)
an exemption from any provision of the Regulation in its application to asbestos in any form, or
(b)
a decision made in respect of the use of asbestos in any form, or
(c)
a requirement for which WorkCover is the nominated authority, or
(d)
a provision in which WorkCover is the nominated authority.
(4) Clauses 357 and 358 apply to a mine.
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[8] Schedule 4A
Insert after Schedule 4:
Schedule 4A Application of Regulation to coal
workplaces
(Clause 4 (4))
Note. Coal workplace is defined in the Act to mean a place of work to which the Coal
Mine Health and Safety Act 2002 applies.1 Application of interpretation and other provisions of Chapter 1 to relevant provisions
To remove any doubt, to the extent that Chapter 1 or any other provision of this Regulation provides for the interpretation of a term used in, or application of, a provision referred to in this Schedule (a relevant provision), that Chapter and provision apply to the relevant provision in its application to a coal workplace.
2 Application of risk management provisions to coal workplaces
The following provisions of Chapter 2 apply to a coal workplace:
(a) clause 9 (Employer to identify hazards), (b) clause 10 (Employer to assess risks), (c) clause 11 (Employer to eliminate or control risks), (d) clause 12 (Employer to review risk assessments and control measures), (e) clause 16 (Employer to obtain information), (f) clause 18 (Employer to provide amenities), (g) clause 19 (Maintenance of amenities and accommodation). 3 Application of workplace consultation provisions to coal workplaces
Chapter 3 applies to a coal workplace.
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4 Application of asbestos-related provisions to coal workplaces
The following provisions of this Regulation apply to a coal workplace:
(a) Division 1 (General duties of controllers of premises) of Part 4.2, to the extent that it imposes duties with respect to hazards caused by the presence of material containing asbestos, (b) Division 4 (Asbestos) of Part 4.2, (c) Part 8.7 (Asbestos—particular provisions), (d) Chapter 10 (Licensing of certain businesses), to the extent that it relates to asbestos removal work, (e) Chapter 11 (Permits for certain work), to the extent that it relates to friable asbestos removal work, (f) Part 12.3 (Notifications of proposed work), to the extent that it relates to bonded asbestos removal work. Note. See also clause 10 of this Schedule (concerning hazardous substances).
5 Application of provisions about noise coal workplaces
Division 4 (Noise management) of Part 4.3 applies to a coal workplace.
6 Application of atmosphere provisions to coal workplaces
(1) Clauses 50 and 51 apply to a coal workplace, subject to subclause
(2).(2) Clauses 50 and 51 do not apply to the atmosphere of a coal workplace to the extent that more stringent provision is made by or under another Act in relation to that atmosphere than is made by those clauses. 7 Application of provisions about working in confined spaces to coal workplaces
Division 9 (Working in confined spaces) of Part 4.3 applies to the surface of a coal workplace.
8 Application of provisions about manual handling to coal workplaces
Part 4.4 (Manual handling) applies to a coal workplace.
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9 Application of plant provisions to coal workplaces
(1) Chapter 5 (Plant) applies to a coal workplace, with the modifications set out in this clause.
(2) The Table to clause 107 is to be read as if it also included the
following plant:Diesel engine systems used in underground mines at a coal workplace
workplace
Powered winding systems (being any plant gazetted as
such pursuant to the regulations under the Coal Mine
Health and Safety Act 2002 or a lift that provides access to
the underground workings of a mine) used in underground
mines at a coal workplace
Booster fans used in underground mines at a coal
workplace
Braking systems on plant used in underground transport in
an underground mine at a coal workplace
Canopies on continuous miners used in underground
mines at a coal workplace
Portable or hand-held plant or items used to determine or
monitor the presence of gases for the purposes of the Coal
Mine Health and Safety Act 2002 and used in underground
mines at a coal workplace
Breathing apparatus to assist escape from the underground
parts of the coal operation (including self-rescuers) used in
underground mines at a coal workplace
Shotfiring apparatus used in underground mines at a coal
workplace
Detonators used in underground mines at a coal workplace
Explosive-powered tools used in underground mines at a
coal workplace
(3) On and from 8 June 2007, the Table to clause 107 is to be read as
if it also included the following plant:Conveyor belts used in underground mines at a coal workplace
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(4) A reference in clauses 107–110 to WorkCover is, in relation to the registration of plant referred to in subclause (2), to be read as a reference to the Director-General of the Department of Primary Industries. On and from 8 June 2007, a reference in clauses 107–110 to WorkCover is, in relation to the registration of plant referred to in subclause (3), to be read as a reference to the Director-General of the Department of Primary Industries. (5) Clause 110 is to be read as if it included the following paragraph
after clause 110 (1) (a):
(a1) on the basis of information received by theDirector-General of the Department of Primary Industries, the plant does not continue to meet current criteria for the registration of the same type of plant, or
(6) Subdivision 1 of Division 3 of Part 5.2 is to be read as if it
included the following clause:
112A Requirements for registration The Director-General of the Department of Primary Industries may, by notice in the Gazette, specify requirements (such as design, certification, performance, assessment or installation requirements) that must be met prior to plant being registered.
(7) The Table to clause 113 is to be read as if it also included the
following items of plant:Booster fans used in underground mines at a coal coal workplace
workplace
Diesel engine systems used in underground mines at a coal
workplace
(8) A reference in clauses 113–118 to WorkCover is, in relation to the registration of items of plant referred to in subclause (7), to be read as a reference to the Director-General of the Department of Primary Industries. (9) Clause 116 is to be read as if it included the following paragraph
after clause 116 (1) (a):
(a1) on the basis of information received by theDirector-General of the Department of Primary Industries, plant does not continue to meet current criteria for the registration of the same type of plant, or
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(10) Subdivision 2 of Division 3 of Part 5.2 is to be read as if it
included the following clause:
119A Requirements for registration The Director-General of the Department of Primary Industries may, by notice in the Gazette, specify requirements (such as design, certification, performance, assessment or installation requirements) that must be met prior to items of plant being registered.
(11) A design or item of plant referred to in subclause (2) or (7) that was approved, or taken to be approved, under clause 70 of the Coal Mines (General) Regulation 1999, and any item that is in the opinion of the Chief Inspector equivalent to such an approved item:
(a) if the approval was given less than 20 years before the date of repeal of that Regulation—is, for 2 years after the commencement of this clause, taken to be registered under Chapter 5 of this Regulation subject to the same conditions as to which it was approved, or (b) if the approval was given 20 years or more before the date of repeal of that Regulation—is, for 1 year after the commencement of this clause, taken to be registered under Chapter 5 of this Regulation subject to the same conditions as to which it was approved. (12) The registration of an item referred to in subclause (11) may be
varied, suspended or cancelled in accordance with Chapter 5.(13) Division 3 of Part 5.2, covering design and item registration of plant, applies to a coal workplace, in relation to plant not referred to in subclause (2) or (3), on and from 8 June 2007. 10 Application of hazardous substances provisions to coal workplaces
(1) Parts 6.1–6.3 apply to a coal workplace. (2) Part 6.4 applies to a coal workplace. (3)
A reference in any of the following provisions of Part 6.4 to WorkCover, in connection with the application of the provision to a coal workplace, is taken to be a reference to the Department of Primary Industries:
(a) clause 166, (b) clause 171,
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(c) clause 172, (d) clause 174. (4) Clause 362 and Schedule 3 apply to the supply or use of
chrysotile (white asbestos) in a coal workplace.11 Application of dangerous goods provisions to coal workplaces
Chapter 6A (Dangerous goods) applies to a coal workplace.
12 Application of notification of proposed work provision to coal workplaces
Part 12.3, to the extent that it relates to use of a notifiable or prohibited carcinogenic substance (as defined in Part 6.3) other than a substance that is a form of asbestos, applies to a coal workplace.
Note. See also clause 4 (f) of this Schedule (which relates to notifications of bonded asbestos removal work in coal workplaces).
13 Application of miscellaneous provisions to coal workplaces
(1) Parts 12.4 and 12.5 apply to a coal workplace. (2)
Except as provided by subclause (3), a reference in a provision of Part 12.4 or 12.5 to WorkCover, in connection with the application of the provision to a coal workplace, is taken to be a reference to the Director-General of the Department of Primary Industries.
(3) Subclause (2) does not apply to any reference to the extent that it
relates to:
(a)
an exemption from any provision of the Regulation in its application to asbestos in any form, or
(b)
a decision made in respect of the use of asbestos in any form, or
(c)
a requirement for which WorkCover is the nominated authority, or
(d)
a provision in which WorkCover is the nominated authority.
(4) Clauses 357 and 358 apply to a coal workplace.
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