Workplace Health and Safety Amendment (Mine Safety) Regulations 2011 (TAS)

Workplace Health and Safety Amendment (Mine Safety) Regulations 2011

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Workplace Health and Safety Act 1995 .7 February 2011

PETER G. UNDERWOOD

Governor

By His Excellency’s Command,

D. J. O’BYRNE

Minister for Workplace Relations

1Short titleThese regulations may be cited as the Workplace Health and Safety Amendment (Mine Safety) Regulations 2011 . 2CommencementThese regulations take effect on the day on which the Workplace Health and Safety Amendment (Mine Safety) Act 2010 commences. 3Principal RegulationsIn these regulations, the Workplace Health and Safety Regulations 1998 are referred to as the Principal Regulations. 4Regulation 25 amended (Rescue arrangements) Regulation 25 of the Principal Regulations is amended by inserting "or a mine, other than a mine at which the only mining operation is exploration for minerals," after "designated workplace". 5Regulation 25A insertedAfter regulation 25 of the Principal Regulations , the following regulation is inserted in Division 1: 25AEmergency response plan for mines (1)  Without limiting the requirements of regulations 24 and 25 , as soon as reasonably practicable after the day on which the Workplace Health and Safety Amendment (Mine Safety) Regulations 2011 commence, if a mine does not have a compliant emergency response plan, the mine operator must prepare an emergency response plan for the mine.

Penalty:  Level 3.

(2)  An emergency response plan is to contain details of the means for responding to incidents involving a significant risk of serious injury or death.

Penalty:  Level 3.

(3)  The emergency response plan must, so far as is reasonably practicable, provide for the following: (a) coordinating control of emergencies; (b) identifying personnel at the mine who have roles and responsibilities in emergencies; (c) an organisational structure for emergency response; (d) documented triggers for the activation of the emergency response plan; (e) the use of communications systems at the mine; (f) giving notice, information and warnings about emergencies; (g) isolating the area of the incident; (h) the immediate availability of trained rescue persons or emergency services; (i) locating, and accounting for, persons; (j) emergency evacuation; (k) first aid and persons trained in giving first aid.

Penalty:  Level 3.

(4)  The mine operator must ensure that the emergency response plan – (a) contains an up-to-date plan of the mine and any other plan necessary to deal with an emergency; and (b) provides for liaising with, and using, local or state emergency services, where appropriate.

Penalty:  Level 3.

(5)  The mine operator must provide adequate resources at the mine to ensure the effectiveness and implementation of the plan.

Penalty:  Level 3.

(6)  The mine operator must ensure the mine’s emergency response facilities and equipment are inspected regularly and maintained in a fully operational condition.

Penalty:  Level 3.

(7)  The mine operator must also ensure the mine’s emergency response plan is – (a) tested (with such testing to include practice evacuation drills) and reviewed on a regular basis and at least once a year; and (b) amended, as necessary, to ensure that it adequately provides for the response to incidents involving a significant risk of serious injury or death.

Penalty:  Level 3.

(8)  The mine operator must ensure that all persons at the mine are familiar with the emergency response plan.

Penalty:  Level 3.

(9)  In developing and revising the emergency response plan, the mine operator must take account of any relevant guidance material.

Penalty:  Level 3.

(10)  Where the only mining operation is mineral exploration, the mine operator is required to comply with subregulations (3) , (4) , (5) , (6) and (7) only so far as is reasonably necessary to provide an adequate response to an emergency likely to arise in the context of the work being undertaken. 6Regulation 62 amended (Notice of incident requiring notification) Regulation 62 of the Principal Regulations is amended as follows: (a) by omitting "A dangerous incident at a workplace" and substituting "An incident at a workplace that requires notification under section 47 of the Act"; (b) by omitting from paragraph (j) "notification." and substituting "notification;"; (c) by inserting the following paragraphs after paragraph (j) : (k) a person suffers an electric shock at a mine; (l) a person suffers an injury at a mine which results in the loss of a limb; (m) a person loses consciousness caused by impact of physical force at a mine, exposure to hazardous substances at a mine, or lack of oxygen at a mine; (n) a person suffers serious burns at a mine; (o) an uncontrolled explosion of any kind at a mine; (p) any uncontrolled fire at a mine; (q) an incident involving an unplanned fall of ground or rock fall at a mine in a work area or travel way or a mine shaft collapse; (r) a vehicle roll-over at a mine. 7Regulation 64 amended (Reporting of accidents) Regulation 64(1) of the Principal Regulations is amended by inserting "or a mine" after "designated workplace". 8Regulation 87 rescinded Regulation 87 of the Principal Regulations is rescinded. 9Part 4A insertedAfter regulation 128 of the Principal Regulations , the following Part is inserted: PART 4AAdditional Requirements for Mine Safety Division 1Interpretation of Part 128AAInterpretation of Part In this Part – equivalent qualification means a qualification that the Chief Inspector certifies in writing as being equivalent to a university degree in mining engineering. guidance material means any code, document or other material that the Chief Inspector declares to be guidance material for the purposes of this Part; risk management means risk management as set out in regulation 128AD . Division 2Site senior officers 128ABAssistance for site senior officer (1)  Subject to subregulation (2) , the mine operator at an underground mine may appoint a person who holds a university degree in mining engineering, or an equivalent qualification, to assist the site senior officer in the performance of his or her functions in relation to the underground mining operations at the mine. (2)  If a person is appointed under subregulation (1) , the mine operator must ensure that the person has sufficient authority and control over the underground mining operations to close, or suspend operations at, the mine or parts of the mine at which employees may be exposed to an unreasonable risk to health or safety.

Penalty:  Level 4.

128ACSite senior officer qualifications (1) For the purposes of section 32K of the Act, the requirements for a site senior officer, appointed at a mine where the total number of hours worked at the mine is greater than or equal to 10,000 hours per month, are – (a) risk management training, or relevant experience, that meets the requirements specified by the Chief Inspector; and (b) where a person has not been appointed under regulation 128AB(1) and the work involves underground mining, a university degree in mining engineering or an equivalent qualification. (2)  Without limiting his or her capacity to decide, on a case-by-case basis, the suitability of any qualifications, training or experience, the Chief Inspector may publish a list of qualifications for the purposes of subregulation (1)(a) . Division 3Risk management and major hazard management plans 128ADRisk management (1)  For the purposes of this Part, risk management is a systematic process by which – (a) hazards are identified; and (b) the risks arising from those hazards are identified and assessed; and (c) the means of eliminating or controlling those risks are applied; and (d) the risks are monitored and reviewed on an on-going basis. (2)  A mine operator, in complying with regulation 18(2) must – (a) consider the skills mix necessary to undertake the various steps in the risk management process; and (b) ensure the necessary skills are applied in each step in the risk management process; and (c) where the skills reside in different persons, ensure the process involves those persons – (i) through the establishment of a team to undertake one or more steps of the risk management process; or (ii) where the establishment of a team is not reasonably practicable, through reference to such persons; and (d) ensure the process referred to in paragraph (c) is directed by a competent person.

Penalty:  Level 3.

(3)  In managing risks at a mine, the mine operator must take account of the following: (a) hazards known to exist within the relevant industry sector and sub-sector, as well as those that may arise specifically in relation to the mine; (b) work environment and work organisation as each relates to identified and potential hazards; (c) information available on the causes of any reportable accidents or incidents at the mine; (d) any relevant guidance material declared by the Chief Inspector applicable to the mine; (e) any other relevant information and any other factors considered relevant by the operator, or submitted as relevant by any employer at the mine, or by any worker at the mine or representative of a worker on health and safety issues.

Penalty:  Level 3.

(4)  In addition to the requirements of regulation 18, a mine operator must conduct a risk assessment whenever a new hazard or potential hazard is introduced or identified.

Penalty:  Level 3.

(5)  Notwithstanding the provisions of regulation 18(4) , a mine operator must keep a written record of the risk assessment required under regulation 18 and subregulation (4) of this regulation and the measures taken to control the risk.

Penalty:  Level 2.

(6)  Notwithstanding the provisions of regulation 18(5)(a) , a mine operator must keep the record referred to in subregulation (5) for a period of 7 years.

Penalty:  Level 2.

(7)  An inspector may require a mine operator to produce the record referred to in subregulation (5) and may examine and copy it and take extracts from it, or require the mine operator to provide a copy. (8)  A mine operator must comply with a requirement under subregulation (7) .

Penalty:  Level 3.

128AEMajor hazards (1)  A mine operator must establish a major hazard management plan – (a) for each major hazard identified by the operator through the process of hazard identification and risk assessment required by these regulations; and (b) in accordance with regulation 128AQ in respect of in-rush and flooding; and (c) in accordance with regulation 128AT in respect of airborne dust; and (d) in accordance with regulation 128AZA in respect of powered mobile plant; and (e) in accordance with regulation 128AY in respect of electricity.

Penalty:  Level 4.

(2)  A mine operator must establish a separate major hazard management plan for each major hazard.

Penalty:  Level 2.

(3)  For the purpose of subregulation (1)(a) , a major hazard is a hazard associated with, or arising from, operations at a mine which give rise to a non-negligible, foreseeable risk of multiple or repeat fatalities. (4)  Subject to regulation 128AG , where the mine operator at a mine that is in operation on or before the day on which the Workplace Health and Safety Amendment (Mine Safety) Regulations 2011 take effect is required to establish a major hazard management plan under subregulation (1)(a) , that plan must be established by – (a) in the case of a mine where the number of hours worked is less than 3 000 per month, 1 January 2012 or such later date as the Director may specify in a notice published in the Gazette; or (b) the end of the period of 2 months commencing on the day on which the Workplace Health and Safety Amendment (Mine Safety) Regulations 2011 take effect, in any other case.

Penalty:  Level 3.

(5)  Subject to regulation 128AG , where the mine operator at a mine that is in operation on or before the day on which the Workplace Health and Safety Amendment (Mine Safety) Regulations 2011 take effect is required to establish a major hazard management plan under subregulation (1)(b) , (c) , (d) or (e) , that plan must be established by the end of the period of 2 months commencing on the day on which those regulations take effect.

Penalty:  Level 3.

(6)  A notice under subregulation (4)(a) is not a statutory rule for the purposes of the Rules Publication Act 1953 . 128AFContents of major hazard management plans (1)  A mine operator must ensure that a major hazard management plan for a hazard at the mine – (a) states how the health and safety of workers at the mine, and of any people whose health and safety may be adversely affected by work at the mine, will be protected from the hazard; and (b) makes provision for any other matters prescribed by the regulations in relation to the specific hazard.

Penalty:  Level 4.

(2)  A major hazard management plan may refer to or incorporate, with or without modification, standards or codes of practice or relevant guidance material, as in force at a particular time or from time to time. (3)  A major hazard management plan may – (a) include trigger points or action points at which actions or procedures are to be taken or implemented if certain criteria specified in the plan are met; and (b) specify the actions or procedures to be taken or implemented at each point. 128AGInspector may require a major hazard management plan (1)  Where an inspector forms the opinion that a non-negligible, foreseeable risk of multiple or repeat fatalities arises from a hazard at a mine, the inspector may direct the mine operator to prepare, within a specified period of time, a major hazard management plan for that hazard. (2)  A mine operator must comply with a direction under subregulation (1) within the specified period.

Penalty:  Level 4.

(3)  A mine operator may appeal against a direction under subregulation (1) , in accordance with section 41 of the Act. Division 4Consultation 128AHWhen consultation is required (1)  A mine operator must, as far as is reasonably practicable, consult with workers on all matters relevant to their health and safety at the mine.

Penalty:  Level 2.

(2)  A mine operator must ensure that consultation includes, but is not limited to – (a) the development of the health and safety management system; and (b) identification of hazards and risks in hazard identification and risk assessment; and (c) decisions made about the measures to be taken to eliminate or control risks to health and safety; and (d) introducing or altering the procedures for monitoring those risks (including health monitoring procedures); and (e) proposed changes to premises, work systems or methods, or to plant or substances, that may affect health and safety; and (f) decisions made about the procedures for consultation.

Penalty:  Level 2.

Division 5Health and safety management systems 128AIMine health and safety management system (1)  A health and safety management system must include the following: (a) documentation of the management structure for the mine required by the Act; (b) any major hazard management plans required under these regulations; (c) risk management processes and procedures for – (i) the identification of hazards; and (ii) the identification and assessment of the risk arising those hazards; and (iii) the elimination or, where elimination is not reasonably practicable, control of those risks; and (iv) the reliable implementation of those controls; and (v) ongoing monitoring and review of the risk; (d) an emergency response plan required by these regulations; (e) provision for the review and improvement of the health and safety management system required by regulation 128AJ ; (f) a fitness-for-work program required by regulation 128AK ; (g) a health surveillance program required by regulation 128AL . (2)  In complying with the requirements relating to the health and safety management system for a mine, the mine operator must consider the relevance of any guidance material applicable to the mine.

Penalty:  Level 4.

128AJReview of health and safety management system (1)  A mine operator must ensure that the health and safety management system for the mine includes provision for regular review and continual improvement.

Penalty:  Level 4.

(2)  A mine operator must ensure that the health and safety management system is reviewed – (a) if there is a significant change to the mining operations of the mine, so that risk to persons is eliminated or, where elimination is not reasonably practicable, minimised; and (b) at least every 2 years.

Penalty:  Level 4.

128AKFitness-for-work program (1)  A mine operator must, as part of the mine health and safety management system, develop and implement a documented fitness-for-work program in relation to the health, safety and welfare at work of all persons performing work at the mine.

Penalty:  Level 4.

(2)  The mine operator must ensure that the fitness-for-work program – (a) includes measures to – (i) eliminate or, where elimination is not reasonably practicable, minimise the risks arising from the consumption of alcohol or drugs at the mine; and (ii) eliminate, or where elimination is not reasonably practicable, minimise the risks arising from fatigue; and (b) takes account of any relevant guidance material; and (c) is consistent with any relevant code of practice approved under section 22 of the Act.

Penalty:  Level 4.

128ALHealth surveillance program (1)  A mine operator must, as part of the mine health and safety management system, develop and implement a documented health surveillance program in relation to the health, safety and welfare of all persons performing work at the mine.

Penalty:  Level 4.

(2)  The mine operator must ensure that the health surveillance program, at a minimum – (a) is commensurate with the likely exposures and risks at the mine; and (b) satisfies the requirements of regulation 22 ; and (c) provides health surveillance for a worker in circumstances where – (i) it is reasonable to expect that exposure to a hazard at the mine may cause, or result in, an adverse health effect to the worker; and (ii) there exists a valid and appropriate means of health surveillance for detecting signs of the adverse health effect or measuring the exposure level; and (d) takes into account any relevant guidance material.

Penalty:  Level 4.

Division 6Plans, design, layout and construction 128AMRequirement to prepare and keep plans of mine (1)  A mine operator must have prepared and keep at the mine accurate plans of the mine that – (a) are kept up-to-date; and (b) are prepared on a scale that is fit for purpose and accords with good engineering practice.

Penalty:  Level 4.

(2)  The mine operator must ensure that the plans referred to in subregulation (1) show – (a) the extent of the surface and underground workings of the mine (including old workings) and the current position of any part of the mine workings; and (b) the significant topographical features on the surface above the mine; and (c) the extent of mining undertaken at or near the mine; and (d) escape routes as set out in the emergency response plan; and (e) where more than one seam, level or deposit is worked at a mine, the location of the workings of each seam, level or deposit relative to each other seam, level or deposit.

Penalty:  Level 4.

(3)  The plans are to be reviewed at regular intervals so as to keep them up to date and fit for purpose. (4)  The mine operator must provide a copy of the plans on request – (a) to an inspector; and (b) to a person who, by the nature of the person’s work at the mine requires reference to the plans.

Penalty:  Level 4.

(5)  If the Chief Inspector has reason to believe that a plan provided to an inspector under this regulation is inaccurate or incomplete, he or she may direct the mine operator to have the plan verified by a competent person. 128ANMine layout, design and construction (1)  A person who has any extent of control over the layout, design or construction of a mine must ensure, so far as is reasonably practicable, that the layout, design or construction – (a) is carried out having regard to the health and safety of persons likely to be present at the mine; and (b) takes into account the matters listed in subregulation (2) .

Penalty:  Level 4.

(2)  The layout, design and construction of a mine must take into account – (a) relevant geological, geotechnical, meteorological and topographical data; and (b) any other relevant information, including information about the following: (i) means of access and travel-ways; (ii) processes and facilities for the extraction and treatment of minerals; (iii) fixed emergency facilities; (iv) ground support and control; (v) hazardous substances at the mine; (vi) noise and dust; (vii) stockpiles, dumps and tailings dams; (viii) underground and surface water; (ix) the use of vehicles at the mine; (x) ventilation. Division 7Ground control and geotechnical and geological considerations 128AOGeneral considerations (1)  A mine operator must ensure, so far as is reasonably practicable, that appropriate measures are taken to prevent or control failures in ground integrity in the design, operation or abandonment of the mine.

Penalty:  Level 4.

(2)  In deciding the appropriate measures, the mine operator must have regard to (but not necessarily be limited to) the following: (a) geological and geotechnical conditions and their influence on ground stability; (b) any seismic activity; (c) the analysis and interpretation of relevant geotechnical data, including the monitoring of openings and excavations; (d) any subsidence in or outside the mine; (e) any potential for air-blasts; (f) adequacy of installed ground support; (g) the size and geometry of the mine and its openings; (h) the presence, nature and proximity of previously excavated or abandoned workings; (i) water inflow, drainage patterns, groundwater regimes and mine dewatering procedures and their influence on ground stability over time; (j) the impact of the work, including but not limited to – (i) the impact of blasting; and (ii) pillar characteristics including the number, location, dimensions and stability of the pillars; and (iii) the extraction sequence.

Penalty:  Level 4.

(3)  The mine operator must ensure that the measures include, but are not limited to, any of the following that are capable of applying to the mining operations undertaken: (a) appropriate collection, analysis and interpretation of geotechnical data or information, including on-going monitoring of such data, commensurate with the nature and level of risks; (b) informing affected persons at the mine regarding ground support principles, including recognition and planned responses to indicators of change that may affect excavation stability in the mine; (c) provision of access to the ground support plans, on request, to a person who by the nature of the person’s work at the mine requires reference to the plans; (d) the minimisation of rock damage, from blasting, at the excavation perimeter; (e) the use of appropriate equipment and procedures for scaling; (f) the proper design, installation and quality control of rock support; (g) the timing of ground support to take account of rock conditions and behaviour; (h) determination and use of appropriate stope and pillar dimensions; (i) determination and use of an appropriate rationale for the sequencing of ore extraction and filling; (j) selection of appropriate materials and processes where mined areas are to be filled.

Penalty:  Level 4.

128APSeismicity (1)  This regulation applies where seismicity at a mine is likely to give rise to an event that is likely to cause injury or harm to a person at the mine. (2)  The mine operator must ensure, so far as is reasonably practicable, the use of appropriate equipment and procedures to provide for the monitoring, recording, interpretation and analysis of data pertaining to seismic activity and behaviour of the mine, commensurate with the level of risk.

Penalty:  Level 4.

(3)  The mine operator must adopt an effective seismic monitoring plan which contains trigger or action points to ensure that actions or procedures are undertaken on the occurrence of certain criteria specified in the plan.

Penalty:  Level 4.

(4)  The mine operator must ensure, so far as is reasonably practicable, that the design approach to the mine mitigates the damage arising from the sudden release of energy from the build-up of mining-induced stresses.

Penalty:  Level 4.

(5)  The mine operator must ensure, so far as is reasonably practicable, that – (a) geotechnically engineered ground support systems are installed; and (b) those systems take into account the matters listed in subregulation (6) .

Penalty:  Level 4.

(6)  The matters that a ground support system must take into account include, but are not limited to, the following: (a) the intended life of the excavation; (b) the mining-induced stress changes and potential cycles of loading and unloading; (c) blast vibrations during development mining and from surrounding stopes; (d) potential impact of voids and void management; (e) tolerance for stability problems and rehabilitation; (f) the potential for rockbursts. (7)  The mine operator must ensure that the ground support system is designed to contain events that have already been recorded or expected by appropriate modelling, allowing for an appropriate factor of safety.

Penalty:  Level 4.

(8)  The mine operator must ensure that, where reasonably practicable, mining by remote methods is implemented where areas of high or unpredictable seismic risk are to be mined.

Penalty:  Level 4.

(9)  The mine operator must ensure that mine design, mining methods and sequences, ground support design and assumptions and modelling are documented and reviewed on an on-going basis and, where necessary, revised.

Penalty:  Level 4.

128AQMajor hazard management plan for in-rush and flooding (1)  Where there is a risk of in-rush or flooding at a mine, the mine operator must establish a major hazard management plan.

Penalty:  Level 4.

(2)  The mine operator must ensure that the major hazard management plan, where relevant to the circumstances applying to the mine, takes into account, but is not limited to, the following: (a) the location of other workings and the accuracy of any plans of other workings; (b) the strength of any ground between workings; (c) the potential for hazards to arise associated with the accumulation of water, gas, rock or other substances; (d) the location, design and construction of dams, lagoons, tailings and any other bodies of water or material that could become uncontained and enter the mine; (e) any other potential sources of in-rush material including mine fill and torrential rain; (f) the conditions that could lead to or facilitate sudden unplanned entry of in-rush material into the mine, including but not limited to weather conditions and topography; (g) monitoring for critical factors that may occur that affect either the probability or probable severity of the consequences of any in-rush.

Penalty:  Level 4.

(3)  For each potential source of in-rush, the mine operator must consider whether or not it is reasonably practicable to remove or render harmless each such source.

Penalty:  Level 4.

(4)  The major hazard management plan for in-rush must record the action to be taken to reduce the risk of injury and harm as far as is reasonably practicable from each source.

Penalty:  Level 4.

128ARShafts and winding equipment (1)  A mine operator must ensure that appropriate measures are taken to ensure, so far as is reasonably practicable, the safe design, construction, operation, use and maintenance of shafts, shaft conveyances and any equipment and structures integral to winding operations.

Penalty:  Level 4.

(2)  Without limiting the generality of subregulation (1) , the mine operator must ensure that – (a) control measures are in place at the mine to – (i) prevent, so far as is reasonably practicable, persons, rock, material and other things from falling down a shaft, winze or raise used in winding operations at the mine; and (ii) protect, so far as is reasonably practicable, persons in the shaft, winze or raise against falling rock, material and other things; and (b) a conveyance used in winding operations at the mine – (i) is not unintentionally obstructed in its passage in the shaft during the operations; and (ii) is prevented from colliding with other things in the shaft during the operations; and (iii) has ways of preventing persons, rock, material and other things from unintentionally protruding from, or moving in, the conveyance; and (c) a winder used at the mine has ways of – (i) preventing overwind, overspeed and uncontrolled movement of a conveyance; and (ii) stopping the winder if slack rope or excessive rope slip occurs; and (d) the winder has a back-up system for preventing overwind and overspeed of a conveyance; and (e) winding equipment at the mine includes arrestors or other devices to mitigate the effects of an overwind or fall; and (f) each rope used for winding – (i) has an appropriate safety factor, having regard to the operation for which the rope is used; and (ii) is appropriately tested to ensure its safe performance; and (g) the mine has a system of effective communication between persons operating, monitoring or using winding equipment and shaft conveyances at the mine.

Penalty:  Level 4.

(3)  The mine operator must ensure the mine has written procedures for the monitoring, inspection, testing and maintenance of shafts, shaft conveyances and equipment and structures integral to winding operations used at the mine.

Penalty:  Level 4.

(4)  The mine operator must ensure that an emergency response plan under regulation 25A for the mine includes emergency response in the event of failure or emergency involving winding equipment or shaft conveyance.

Penalty:  Level 3.

Division 8Atmosphere and ventilation 128ASAtmosphere (1)  The mine operator at a mine must ensure that the air throughout the mine contains a safe level of oxygen.

Penalty:  Level 4.

(2)  The mine operator must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine.

Penalty:  Level 4.

(3)  The mine operator is to have regard to the circumstances under which it would be appropriate to – (a) withdraw persons from the workplace; or (b) allow entry for appropriately protected personnel to rescue persons or remedy the situation; or (c) apply process engineering and other atmospheric control measures to reduce the level of atmospheric contaminant; or (d) provide information to, and consult with, relevant employees regarding the potential hazard to health and the measures to be taken to prevent or reduce the risk of exposure to the contaminant.

Penalty:  Level 4.

128ATAirborne dust and major hazard management plan (1)  Except where the exposure standard for an atmospheric contaminant is set at a more stringent level (in which case the exposure standard is to apply), a mine operator must ensure that in any workplace at the mine the time-weighted average concentration – (a) of respirable dust does not exceed 3.0 milligrams per cubic metre of air; and (b) of inhalable dust does not exceed 10.0 milligrams per cubic metre of air.

Penalty:  Level 4.

(2)  Where there is a potential risk to safety or health arising from airborne dust, the mine operator must establish a major hazard management plan for airborne dust and that plan must make provision for the following matters: (a) the measures to be taken to minimise the exposure of people at the mine to any airborne dust, including both operational and personal protective measures; (b) the measures to be taken to prevent the exposure of people at the mine to airborne dust concentrations in excess of the exposure standard or the concentration specified in subsection (1), whichever applies to the dust concerned; (c) the use of water or other suitable agents or engineering methods generally to reduce airborne dust resulting from the mining, transport or handling of minerals or ore.

Penalty:  Level 4.

(3)  In this regulation – inhalable dust has the same meaning as in AS 3640; respirable dust has the same meaning as in AS 2985; time-weighted average concentration means the average airborne concentration of a particular substance when calculated over a normal 8-hour working day for a 5-day working week. 128AUAir temperature (1)  A mine operator must ensure, so far as is reasonably practicable, that employees at the mine do not suffer harm to their health from the adverse effects of extremes of heat or cold.

Penalty:  Level 4.

(2)  If conditions in any workplace are, or are likely to be, hot and humid, the mine operator must ensure that – (a) all employees are provided with training on measures to be taken to avoid any harmful effects from those conditions; and (b) appropriate workplace environmental controls (including ventilation) and monitoring are implemented; and (c) if appropriate, a program for monitoring the health of employees in the workplace is implemented.

Penalty:  Level 4.

128AVVentilation (1)  A mine operator must, so far as is reasonably practicable, ensure that the ventilation in a place where a person may be present at the mine is sufficient to achieve a healthy atmosphere.

Penalty:  Level 4.

(2)  The mine operator of an underground mine must ensure that the mine’s ventilation system is designed, installed, maintained and monitored such that – (a) so far as is reasonably practicable, the ventilation circuits at the mine do not allow airflows to recirculate; and (b) ventilating air does not pass through so many work areas that it becomes unfit to breathe; and (c) contaminated air is not used for ventilation; and (d) ventilating air provided for the mine is of sufficient volume, velocity and quality to remove atmospheric contaminants resulting from blasting and other mining operations; and (e) structures that regulate airflows are maintained in operating condition; and (f) all major ventilating fans, air doors, brattices or other ventilating devices or controls in use at the mine are recorded on the mine plans.

Penalty:  Level 4.

(3)  The mine operator must ensure that – (a) persons are prevented from entering an enclosed or underground area at a mine until the operator is satisfied that there is adequate ventilation in the area; and (b) procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where – (i) toxic gases arising from the blasting have not been effectively dispersed; or (ii) the oxygen level may be depleted to a hazardous extent.

Penalty:  Level 4.

128AWVentilation requirements for diesel unit operations (1)  This regulation applies in an underground mine in which one or more diesel units are used. (2)  The mine operator must ensure a sufficient flow of air is maintained in each workplace in which a diesel unit is operated – (a) to dilute the engine exhaust gases to the lowest practicable levels; and (b) to ensure that the air flow must not in any case be less than the minimum ventilation flow specified in this regulation.

Penalty:  Level 4.

(3)  Subject to subregulation (7) , the mine operator must ensure that the minimum ventilation rate of air required in each place where a diesel unit operates is the greater of – (a) 3.5 cubic metres per second if the mine is an underground coal mine, or 2.5 cubic metres per second if the mine is any other underground mine; or (b) the rate calculated in accordance with subregulations (4) , (5) and (6) .

Penalty:  Level 4.

(4)  The minimum ventilation volume rate of air for each diesel unit is – (a) 0.05 cubic metres per second per kilowatt of the maximum rated engine output specified by the manufacturer, for the fuelling and timing configuration at which the engine has been set, if the maximum exhaust gas emissions of the engine in a diesel unit contain less than 1 000 ppm of oxides of nitrogen and less than 1 500 ppm of carbon monoxide; or (b) 0.06 cubic metres per second per kilowatt of the maximum rated engine output specified by the manufacturer for the fuelling and timing configuration at which the engine has been set, if the maximum exhaust gas emissions of the engine in a diesel unit contain not less than 1 000 ppm oxides of nitrogen or not less than 1 500 ppm of carbon monoxide. (5)  For the purposes of subregulation (3) , where more than one diesel unit is operating in the same ventilation current, the output capability of all the diesel units are to be added together. (6)  Light four-wheel-drive vehicles and other diesel units of small engine capacity which are operated intermittently are to be factored into the calculations proportionally, based on their expected usage within the area concerned. (7)  If the Chief Inspector is satisfied that exhaust gases from any engine or engines will be diluted to an acceptable level at a ventilating volume rate less than that calculated in accordance with subregulation (3) , he or she may determine, with or without conditions, a lesser rate per kilowatt of engine output that is to apply to a specified diesel unit or to any specified underground mine or mines. (8)  Where, on the day on which the Workplace Health and Safety Amendment (Mine Safety) Regulations 2011 take effect – (a) the infrastructure for an underground mine exists, regardless of whether or not mining operations are being undertaken at the time; or (b) the construction of a new underground mine and associated infrastructure has been commissioned – the Chief Inspector may, if he or she considers it is reasonable to do so, allow the mine operator to comply with this regulation over an agreed period of time. (9)  An agreement under subregulation (8) is subject to – (a) the operator meeting any alternative standards set by the Chief Inspector for the interim period, including progressive changes over the period; and (b) any other conditions imposed by the Chief Inspector. 128AXVentilation in disused underground parts of a mine (1)  Despite the other provisions of this Division, disused underground parts of a mine may be left unventilated if – (a) they are isolated from the ventilation system; and (b) they are secured to prevent access; and (c) they are indicated on the mine plan; and (d) proper measures are taken to prevent dangerous accumulations of gas or dangerous contamination of the mine atmosphere. (2)  The mine operator must ensure that, before work is resumed in any areas that have been disused, the ventilation is restored so as to comply with this Division.

Penalty:  Level 4.

Division 9Electricity 128AYMajor hazard management plan for electricity (1)  Where electricity is used or present at a mine, the mine operator must establish a major hazard management plan in respect of electricity at the mine, commensurate with the level of risk of injury or harm to health arising from the hazard.

Penalty:  Level 4.

(2)  The mine operator must ensure that the major hazard management plan makes provision for the following: (a) the safe connection, disconnection, removal and restoration of electrical power at the mine; (b) ensuring that electrical installations at the mine are maintained so that – (i) the safe and satisfactory operation of the installation is not impaired by interference, damage, ageing or wear; and (ii) the live parts of the installation remain properly insulated, or protected, against inadvertent contact with any person; and (iii) the earthing system for the installation operates effectively; and (iv) the installation is not used in a manner that exceeds the operating limits imposed by its design or installation; and (v) the installation does not become a significant potential cause of fire for the environment surrounding the installation; (c) the use and maintenance of explosion-protected plant and installations where warranted (for example, by the presence of explosive or inflammable dusts, atmospheres or materials); (d) safe working procedures when work is carried out – (i) in the vicinity of overhead power lines; or (ii) where there is a risk of making contact with buried or otherwise hidden electrical structures; (e) consideration of protection against lightning; (f) consideration of the provision of earth leakage protection, especially on circuits used to supply electricity to a trailing cable or flexible lead, taking into account whether such protection would be contraindicated by any factors, such as a requirement for continuity of supply to maintain safety or where it is impractical due to the nature of the equipment composition; (g) consideration of the applicability of relevant Australian Standards pertaining to the type of electrical installation under the conditions and environment at the mine.

Penalty:  Level 4.

Division 10Explosion and fire 128AZPreventative and response measures (1)  The mine operator of a mine must ensure that appropriate measures are taken to prevent, detect and suppress fires and unintended explosions at the mine.

Penalty:  Level 4.

(2)  The mine operator must ensure that the measures referred to in subregulation (1) are commensurate with the level of risk of injury or harm to health arising from fire or explosion, taking into account all relevant factors, including where appropriate – (a) the presence of combustible ore, coal dust, sulphide dust or flammable gas; and (b) the potential sources of fire or explosion in the mine; and (c) the type and placement of fire-fighting equipment in the mine; and (d) the presence (or otherwise), type and placement of remote monitoring systems to enable early detection of fire in the mine.

Penalty:  Level 4.

(3)  Where there is a risk of explosion from dust at a mine, the mine operator must ensure that the measures referred to in subregulation (1) take into account – (a) the means by which potentially explosive dust may be prevented, suppressed and collected; and (b) consideration of the installation and maintenance of explosion barriers and other explosion suppression measures.

Penalty:  Level 4.

(4)  Where an explosive risk arises from the presence of coal dust, the mine operator must ensure that the measures for the prevention of dust explosion, in addition to the other requirements of this regulation, provide for – (a) the analysis of each coal seam being worked to determine its volatile matter; and (b) the periodic application of incombustible dust to the roof, floor and sides of all work areas and travel ways to reduce the volatile matter content to a level as low as reasonably practicable.

Penalty:  Level 4.

Division 11Vehicles and powered mobile plant 128AZAMajor hazard management plan for powered mobile plant (1)  The mine operator at a mine at which powered mobile plant is used must establish a major hazard management plan in relation to the use and operating environment of powered mobile plant.

Penalty:  Level 4.

(2)  The mine operator must ensure that the major hazard management plan makes provision for the following matters: (a) the conditions under which the powered mobile plant may be used, including reference to conformance to design parameters; (b) avoidance of contact with overhead structures; (c) identification of persons or classes of persons authorised to use the powered mobile plant; (d) the steps to be taken prior to operating the plant; (e) conditions applying to ensure the safe carriage of persons and loads, including use of seatbelts and operator restraints, maximum carrying capacities and separation of people from loads; (f) the safe parking, refuelling and recharging of the plant; (g) the arrangements for ensuring that the management of the movement and speed of powered mobile plant minimises the risk of injury to pedestrians and persons operating powered mobile plant; (h) the safety fittings to be required such as lights and alarms; (i) steps to be taken on discovery of a defect in the mobile plant.

Penalty:  Level 4.

(3)  A reference in this regulation to powered mobile plant includes vehicles. 128AZBRoads (1)  The mine operator at a mine must ensure, so far as is reasonably practicable, that the design and construction (including the width, gradient, camber, radius of curvature of bends and berms or bunding) of each road and other vehicle-operating area at the mine – (a) is such as to enable the safe operation of all powered mobile equipment authorised to travel on the road or in the area; and (b) takes into account – (i) the size, speed, loads and operating characteristics of the equipment to be used, including the line of sight from such equipment; and (ii) the pit or mine conditions, including drainage and the effects of weather, on the road or in the area.

Penalty:  Level 4.

(2)  The mine operator must ensure that each road and other vehicle-operating area at the mine is maintained so as to enable the safe operation of all powered mobile equipment authorised to travel on the road or in the area.

Penalty:  Level 4.

(3)  The mine operator must ensure that an adequate berm or bund of material is provided on the outer edge of roadways in the open pit and on the outer edge of any roadway on the surface adjacent to a bank or steep slope.

Penalty:  Level 4.

128AZCDumping or stockpiling (1)  A mine operator must implement safe practices for the dumping or stockpiling of material (whether waste material or extracted product), to ensure the stability of the dump or stockpile and the safety of personnel undertaking, or near to, the activity.

Penalty:  Level 4.

(2)  In implementing the safe practices, the mine operator must take into account the following: (a) the nature of the material dumped; (b) the size and weight of the equipment used; (c) the site conditions, including the stability of the area on which the dump is built; (d) the drainage conditions; (e) the weather conditions.

Penalty:  Level 4.

(3)  If rear dump trucks are required to dump up to, or over, an edge at a surface mine, the mine operator must ensure construction and maintaining of a berm or bund of suitable height to reduce the risk of the trucks toppling over the edge.

Penalty:  Level 4.

128AZDOperator protective devices (1)  In this regulation – operator protective devices includes – (a) roll-over protective structures; and (b) falling object protective structures; and (c) seatbelts and other operator restraining devices. (2)  In relation to each item of powered mobile plant at a mine, the mine operator must ensure that any risk that – (a) the plant could overturn; or (b) an object could come into contact with the operator of the plant; or (c) the operator of the plant could be ejected from the seat – is, so far as is reasonably practicable, limited by the provision of an appropriate combination of operator protective devices and that those devices are maintained and used appropriately.

Penalty:  Level 4.

(3)  In relation to each item of powered mobile plant at a mine, the mine operator must ensure, so far as is reasonably practicable, that any risk of an object coming into contact with the operator of the plant from above or from the front, side or rear of the plant is limited by the provision of an appropriate structure that protects the operator.

Penalty:  Level 4.

128AZEConveyors, plant maintenance and guarding (1)  A mine operator must, so far as is reasonably practicable, in controlling risks associated with the use of plant in the workplace – (a) consider the following: (i) protective guarding where appropriate; (ii) safe operating procedures; (iii) any necessary instruction or training in the use of the plant; (iv) maintenance requirements; and (b) take into account – (i) the conditions under which plant is used; and (ii) the possible failure of systems that are critical to safety.

Penalty:  Level 4.

(2)  Where a conveyor is in use at a mine, the mine operator must ensure that the risk control methods specifically address controlling the risks associated with the conveyor.

Penalty:  Level 4.

Division 12Miscellaneous 128AZFWorking at heights (1)  If there is a risk that a worker at a mine may fall a distance of greater than 2.4 metres, the mine operator must provide – (a) appropriate facilities to minimise the risk of injury or harm to health to the person from falling; and (b) any necessary instruction or training in the use of such facilities; and (c) appropriate maintenance of the facilities.

Penalty:  Level 4.

(2)  Appropriate facilities may include, but are not limited to, a fence, barricade, scaffold, handrail, bund wall, safety harness, safety restraint or fall arrest equipment. 128AZGClosing or abandoning mines (1)  When closing or abandoning a mine, the person who was the mine operator immediately before the closure or abandonment must ensure that the mine is safe and made secure.

Penalty:  Level 4.

(2)  If a mine that is closed or abandoned after the Workplace Health and Safety Amendment (Mine Safety) Regulations 2011 take effect is not safe and made secure, the Chief Inspector may – (a) make it safe and secure; and (b) recover the cost of making it safe and secure from the person referred to in subregulation (1) . (3)  A conviction under this section with or without penalty does not affect the Chief Inspector’s ability to recover the cost of making the mine safe and secure. 128AZHProhibitions (1)  A mine operator may, as part of the hazard identification, risk assessment and risk control process, classify any materials or objects (which may include items of plant) as prohibited articles at the mine. (2)  The mine operator must ensure that a list of prohibited articles – (a) is made available to persons at the mine; and (b) is included in the health and safety management system.

Penalty:  Level 3.

(3)  The mine operator must ensure, so far as is reasonably practicable, that prohibited articles are not present at the mine.

Penalty:  Level 4.

(4)  A person must not have a prohibited article at the mine.

Penalty:  Level 4.

128AZIRestriction of access (1)  A mine operator must provide protection in accordance with subregulation (2) against unauthorised or inadvertent access to the mine or potentially hazardous areas of the mine.

Penalty:  Level 4.

(2)  The protection must be commensurate with the level of risk, taking into account the nature of the hazard or potential hazard. 10Schedule 2 amended (Standards) Schedule 2 to the Principal Regulations is amended as follows: (a) by inserting the following item after item 9 : 9A.   AS 2985 Workplace atmospheres – Method for sampling and gravimetric determination of respirable dust (b) by inserting the following item after item 12 : 12A.   AS 3640 Workplace atmospheres – Method for sampling and gravimetric determination of inhalable dust 11Schedule 11 amended (Infringement notice offences) Schedule 11 to the Principal Regulations is amended as follows: (a) by inserting after item 6 in Part 1 the following:

6A.	Section 32E(7)	Mine holder fail to advise Chief Inspector of appointment of mine operator within required period	1	5
6B.	Section 32E(8)	Mine holder fail to advise Chief Inspector of change in, or termination of appointment of, mine operator within required period	1	5
6C.	Section 32H(5)(a)	Mine operator fail to give written advice to person appointed site senior officer	1	5
6D.	Section 32H(5)(c)	Mine operator fail to notify Chief Inspector of details of, or change in, site senior officer within required period	1	5
6E.	Section 32H(6)(b)	Mine operator fail to advise Chief Inspector of details of, or change in, site senior officer within required period, where operator is appointed site senior officer	1	5
6F.	Section 32M(2)	Mine operator fail to advise, as required, Chief Inspector of absence of site senior officer and alternative arrangements	1	5
6G.	Section 32ZA	Mine operator fail to keep record book	0.5	1.25

(b) by inserting "or mine" after "workplace" in column 3 of item 17 in Part 2 ; (c) by inserting after item 89 in Part 2 the following:

90.	Regulation 128AR(3)	Mine operator fail to ensure keeping of written procedures for winding operations	5	12.5
91.	Regulation 128AT(1)	Mine operator fail to ensure concentration of respirable and inhalable dust does not exceed prescribed level	5	12.5

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 16 February 2011

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the

(a) major hazard management plans; and (b) health and safety management systems; and (c) various other safety measures relating to ground control, atmosphere and ventilation, vehicles and other powered mobile plant, &c.