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TASMANIA
__________
WORKPLACE HEALTH AND SAFETY
AMENDMENT (MINE SAFETY) BILL 2010
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Sections 3AA and 3AAB inserted
3AA. Minerals
3AAB. Mining operations
6. Section 13 amended (Duties of self-employed persons)
7. Part 5A inserted
PART 5A - Mine Safety
Division 1 - Interpretation
32A. Object
32B. Interpretation of Part
32C. Concurrent duties
32D. Calculation of hours worked
Division 2 - Mine operators
32E. Appointment of mine operator
32F. Duties of mine operators
32G. Additional duties of employer at mine
Division 3 - Site senior officers
32H. Appointment of site senior officer
32I. Site senior officer to maintain presence at mine
32J. Additional requirements where site senior officer not
mine operator
32K. Qualifications of site senior officer
[Bill 48]-IV
32L. Duties of site senior officer
32M. Absence of site senior officer
32N. Guidance material in relation to appropriate presence
and qualifications
Division 4 - Health and Safety
32O. Employees, workers and self-employed persons to
comply with health and safety requirements
32P. Contractor to comply with health and safety
requirements
32Q. Visitors to comply with health and safety
requirements
32R. Management structure to be maintained
32S. Health and safety management system
32T. Consultation with workers
32U. Timing of implementation of health and safety
management system
32V. Work to be in accordance with health and safety
management system
32W. Audit and review of health and safety management
system
32X. Inadequate health and safety management system
32Y. Chief Inspector of Mines may require independent
audit
Division 5 - Miscellaneous
32Z. Notification of commencements and suspension of
mining operations
32ZA. Record book to be kept
32ZB. Exemption from safety management system in
respect of major hazard facilities, &c.
32ZC. Certain information declared to be guidance material
32ZD. Appeals
8. Section 35 amended (Chief Inspector of Mines)
9. Section 36 amended (Powers and functions of inspectors)
10. Section 41 amended (Right of appeal)
11. Section 44 amended (Protection from liability)
12. Section 47 amended (Notice of serious accidents and dangerous
incidents to be given)
13. Section 57 amended (Regulations)
14. Schedule 1 amended (Regulations)
15. Repeal of Act
2
WORKPLACE HEALTH AND SAFETY
AMENDMENT (MINE SAFETY) BILL 2010
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
9 November 2010
(Brought in by the Minister for Workplace Relations, the
Honourable David James O'Byrne)
A BILL FOR
An Act to amend the Workplace Health and Safety Act 1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Workplace Health
and Safety Amendment (Mine Safety) Act 2010.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 48] 3
Workplace Health and Safety Amendment (Mine Safety) Act 2010
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3. Principal Act
In this Act, the Workplace Health and Safety Act
1995* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "approved code of
practice":
"atomic substance" has the same
meaning as in the Mineral
Resources Development Act
1995;
(b) by inserting the following definition after
the definition of "dangerous incident":
"dangerous substances location" has
the same meaning as in the
Dangerous Substances (Safe
Handling) Act 2005;
(c) by inserting the following definitions
after the definition of "financial year":
"fossick" means to search for minerals
for a purpose other than for
commercial gain to a depth of 2
metres by -
*No. 13 of 1995
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(a) digging by hand; or
(b) using hand held
instruments;
"geothermal substance" has the same
meaning as in the Mineral
Resources Development Act
1995;
(d) by inserting the following definition after
the definition of "health and safety
committee":
"hours worked" means hours worked
calculated in accordance with
section 32D;
(e) by omitting the definition of "mine" and
substituting the following definitions:
"major hazard facility" has the same
meaning as in the Dangerous
Substances (Safe Handling) Act
2005;
"mine" includes any place at, in, on or
under which mining operations
are carried out;
"mine holder" means -
(a) in relation to mining
operations, the holder of a
mining lease or sublease
under Part 4 of the
Mineral Resources
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Development Act 1995
relevant to those mining
operations; or
(b) in relation to exploration,
the holder of a mineral
tenement under the
Mineral Resources
Development Act 1995
relevant to that
exploration; or
(c) where paragraphs (a) and
(b) do not apply, the
person for whose benefit
the mining operations are
carried out;
"mine operator" means the entity or
individual appointed as, or taken
to be, a mine operator under
section 32E;
"mineral" means a mineral within the
meaning of section 3AA;
"mine worker" means a worker who
performs mining operations at a
mine;
"mining operations" means mining
operations within the meaning of
section 3AAB;
(f) by inserting the following definition after
the definition of "plant":
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"possible major hazard facility" has
the same meaning as in the
Dangerous Substances (Safe
Handling) Act 2005;
(g) by inserting the following definition after
the definition of "service provider":
"site senior officer" means a site
senior officer appointed under
section 32H;
5. Sections 3AA and 3AAB inserted
After section 3 of the Principal Act, the
following sections are inserted in Part 1:
3AA. Minerals
In this Act, mineral includes the
following:
(a) an inorganic substance;
(b) an atomic substance;
(c) a geothermal substance;
(d) coal;
(e) oil;
(f) petroleum;
(g) gas;
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(h) sand, rock, crushed stone, gravel
or clay produced or excavated for
commercial purposes;
(i) matter forming part of the crust of
the earth -
but does not include -
(j) the subsoil; or
(k) the layer of soil sustaining
vegetation; or
(l) water (except where it is a
geothermal substance).
3AAB. Mining operations
(1) In this Act, "mining operations"
includes any activity associated with the
following:
(a) the exploration for minerals
involving the mechanical
disturbance of the ground;
(b) the extraction or excavation of
minerals, or other material
containing minerals, from the
ground;
(c) the following activities
undertaken on the same site,
adjacent to, or as part of, a
continuous process of extraction:
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(i) the preparation or
processing of extracted or
excavated material, ore,
minerals, tailings, spoil
heaps or waste dumps
including crushing,
grinding, sizing, washing,
concentrating, separating,
smelting and refining;
(ii) the extraction, excavation,
removal, handling,
transport and storage of
minerals, substances,
contaminants and waste;
(iii) the construction,
operation, maintenance
and removal of plant and
buildings;
(d) the decommissioning,
rehabilitation, repair or
maintenance of a place at which
an activity referred to in
paragraph (a), (b) or (c) occurs or
has occurred;
(e) any other activity or operation
declared by the Director to be a
mining operation, whether at a
particular site or generally, and
having regard to the nature of the
work, risks or hazards involved.
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(2) The term mining operations does not
include the following:
(a) any activity associated with the
production on private land of any
rock, crushed stone, gravel, sand
or clay for the private, non-
commercial use of the owner;
(b) fossicking.
(3) A declaration under subsection (1)(e) is
not a statutory rule for the purposes of
the Rules Publication Act 1953.
6. Section 13 amended (Duties of self-employed
persons)
Section 13 of the Principal Act is amended by
omitting the penalty and substituting the
following penalty:
Penalty: Fine not exceeding 500 penalty units.
7. Part 5A inserted
After section 32 of the Principal Act, the
following Part is inserted:
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PART 5A - MINE SAFETY
Division 1 - Interpretation
32A. Object
The object of this Part is to assist in
securing the health and safety of mine
workers, and other people exposed to
risks to their health or safety arising from
mining operations, through the
implementation of additional health and
safety measures specific to mines and
mining operations.
32B. Interpretation of Part
In this Part -
"commencement day" means the day
on which the Workplace Health
and Safety Amendment (Mine
Safety) Act 2010 commences.
32C. Concurrent duties
If more than one person is under a duty
or obligation imposed by Part 3 or this
Part, each person must -
(a) satisfy the duty or obligation
imposed on the person without
regard to the fact that another
person may also be responsible
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for satisfying that duty or
obligation; and
(b) cooperate with any other person
who is performing that duty or
obligation.
32D. Calculation of hours worked
(1) The number of hours worked at a mine in
a month is the average of the hours
worked per month over the previous 6
months during which work has been
carried out at the mine.
(2) If work has been carried out at the mine
in less than 6 of the previous 12 months,
the average hours per month are to be
calculated on a reasonable expectation
for the forthcoming month.
(3) In calculating the number of hours
worked at a mine, all hours worked by all
individuals at the mine are to be
included, regardless of whether they are
the mine holder, mine operator,
employees, self-employed persons,
employees of contractors or other
employers, labour hire workers or
persons engaged for work under any
other arrangement.
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Division 2 - Mine operators
32E. Appointment of mine operator
(1) Before any mining operations are carried
out at a mine, the mine holder must
appoint a mine operator.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 500 penalty
units; and
(b) a natural person, a fine
not exceeding 100 penalty
units.
(2) A mine holder may appoint as the mine
operator -
(a) himself, herself or itself; or
(b) a person conducting a business or
undertaking with respect to
mining operations to be carried
out at the mine for or on behalf of
the mine holder.
(3) If a mine holder appoints a person under
subsection (2)(b), the mine holder must
authorise that person to manage or
control the mine and the mining
operations to the extent necessary to
discharge the mine operator's duties.
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(4) The appointment of a mine operator
under subsection (2)(b) is to be made in
writing and is to include -
(a) where the proposed mine operator
is not the mine holder, a signed
statement to the effect that the
proposed mine operator agrees to
the appointment; and
(b) the date the appointment takes
effect.
(5) In making an appointment under this
section, the mine holder must exercise
due diligence in selecting a mine
operator who has the capacity and
resources to ensure that work at the mine
can be carried out safely.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 500 penalty
units; and
(b) a natural person, a fine
not exceeding 100 penalty
units.
(6) The mine holder, in accordance with
subsection (7), must advise the Chief
Inspector of Mines in writing of -
(a) the name and contact details of
the mine operator; and
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(b) the commencement date of the
appointment.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 100 penalty
units; and
(b) a natural person, a fine
not exceeding 20 penalty
units.
(7) The mine holder must advise the Chief
Inspector of Mines under subsection (6)
within 14 days after -
(a) the making of the appointment
under subsection (2); or
(b) the commencement day, where
the mine holder or a person who
satisfies the requirements set out
in subsection (2) is carrying out
the duties of a mine operator on
that day.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 100 penalty
units; and
(b) a natural person, a fine
not exceeding 20 penalty
units.
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(8) The mine holder must advise the Chief
Inspector of Mines of any subsequent
change in the mine operator's details or
the termination of the mine operator's
appointment within 14 days after that
change or termination.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 100 penalty
units; and
(b) a natural person, a fine
not exceeding 20 penalty
units.
(9) If a mine holder does not appoint a mine
operator in accordance with this section,
the mine holder is taken to be the mine
operator.
(10) The Chief Inspector of Mines may
approve, in writing and with or without
conditions, an arrangement under which
more than one entity or individual has
responsibility for various mining
operations at a mine.
(11) Approval under subsection (10) must not
be given unless -
(a) the mine holder provides a clear
statement of the respective
responsibilities of each party at
the mine; and
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(b) the Chief Inspector is satisfied
that -
(i) the proposed arrangement
will enable sufficient
coordination and control
of the work; and
(ii) will not diminish
occupational health and
safety at the mine.
(12) Where the mine holder and the mine
operator are different persons -
(a) and the mine holder has any
control over (including the
capacity to control) the resources
available to the mine operator, the
mine holder must, so far as is
reasonably practicable, ensure
that adequate resources are
available to the mine operator to
ensure that the mining operations
can be carried out safely; and
(b) the mine holder must, so far as is
reasonably practicable, provide
adequate information including
relevant plans to the mine
operator to ensure that the mining
operations can be carried out
safely.
Penalty: In the case of -
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(a) a body corporate, a fine
not exceeding 500 penalty
units; and
(b) a natural person, a fine
not exceeding 100 penalty
units.
32F. Duties of mine operators
(1) A mine operator must, so far as is
reasonably practicable, ensure -
(a) the health and safety of mine
workers and other persons at the
mine; and
(b) that persons are not exposed to
risks to their health or safety
arising from the mining
operations.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 1 500
penalty units; and
(b) a natural person, a fine
not exceeding 500 penalty
units.
(2) Without limiting the generality of
subsection (1), the mine operator must,
so far as is reasonably practicable -
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(a) provide and maintain a working
environment in which workers
are safe from injury and risk to
their health; and
(b) provide and maintain systems of
work at the mine that are safe and
do not expose workers to risks to
their health; and
(c) provide any information,
instruction, training and
supervision reasonably necessary
to ensure that each mine worker
is safe from injury and risks to
health; and
(d) ensure that all persons working at
the mine have the necessary
skills, competence and resources
to undertake their work safely
and to ensure the safety of others;
and
(e) implement and maintain effective
consultation arrangements in
relation to mining operations, to
ensure that workers are consulted
in relation to matters affecting
their health and safety arising
from activities at the mine; and
(f) ensure that any premises, plant,
equipment, materials and
substances at the mine are safe
19
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and do not expose workers to
risks to their health.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 1 500
penalty units; and
(b) a natural person, a fine
not exceeding 500 penalty
units.
(3) In determining the training required to be
provided in accordance with
subsection (2)(c), regard must be had to
the functions performed by mine workers
and the capacities in which they are
engaged.
32G. Additional duties of employer at mine
An employer at a mine must -
(a) so far as is reasonably
practicable, comply with the mine
operator's health and safety
management system, if any; and
(b) so far as is reasonably
practicable, ensure employees
comply with any direction of the
mine operator including any
requirement to work in
accordance with any health and
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safety management system
operating at the mine; and
(c) as required by the mine operator,
consult with the mine operator
and facilitate consultations
between the employees and the
mine operator on matters which
affect the health and safety of the
employees.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 750 penalty
units; and
(b) a natural person, a fine
not exceeding 250 penalty
units.
Division 3 - Site senior officers
32H. Appointment of site senior officer
(1) Subject to subsection (4), a mine operator
must appoint a site senior officer who
satisfies the requirements of
subsection (3).
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 100 penalty
units; and
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(b) a natural person, a fine
not exceeding 20 penalty
units.
(2) Where the mine operator is a natural
person who employs or engages other
mine workers, he or she may appoint
himself or herself as the site senior
officer.
(3) A site senior officer must -
(a) be a natural person; and
(b) have the qualification
requirements set referred to in
section 32K.
(4) Where the mine operator is a natural
person who does not employ or engage
any other mine workers, he or she is not
required to appoint a site senior officer.
(5) Where an appointment is made under
subsection (1) and the person appointed
is not the mine operator, the mine
operator must -
(a) give the individual appointed
written advice of the
appointment; and
(b) give notice of that appointment,
as far as reasonably practicable,
to all persons employed or
engaged at the workplace; and
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(c) notify the Chief Inspector of
Mines in writing of the name,
relevant experience and
qualifications of the site senior
officer as soon as practicable
after -
(i) the appointment is made;
and
(ii) any change in the
appointment is made.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 100 penalty
units; and
(b) a natural person, a fine
not exceeding 20 penalty
units.
(6) Where a mine operator appoints himself
or herself as the site senior officer, he or
she must -
(a) give notice of that appointment,
as far as reasonably practicable,
to all persons employed or
engaged at the workplace; and
(b) notify the Chief Inspector of
Mines in writing of the mine
operator's name, relevant
experience and qualifications as
soon as practicable after -
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(i) the appointment is made;
and
(ii) any change in the
appointment is made.
Penalty: Fine not exceeding 20 penalty
units.
(7) Where the mine operator is an employer
carrying out a business or undertaking at
the mine, the responsible officer
appointed under section 10 must be the
same person as the site senior officer
appointed under subsection (1).
32I. Site senior officer to maintain presence at
mine
The mine operator must ensure that the
site senior officer maintains a presence at
the mine commensurate with the nature,
size and complexity of the mine and
mining operations and the associated
risks, taking into account any relevant
guidance material published by the Chief
Inspector of Mines.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 100 penalty
units; and
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(b) a natural person, a fine
not exceeding 20 penalty
units.
32J. Additional requirements where site senior
officer not mine operator
(1) This section applies where the site senior
officer is not the mine operator.
(2) Unless otherwise approved, with or
without conditions, by the Chief
Inspector of Mines, the mine operator
must ensure that the site senior officer at
the mine is the most senior officer (in
terms of level of authority to direct
operations at the mine) employed or
engaged by the operator at the mine.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 250 penalty
units; and
(b) a natural person, a fine
not exceeding 50 penalty
units.
(3) The mine operator must ensure that the
site senior officer has responsibility for
mining operations and health and safety
at the mine and -
(a) is based in Tasmania at times
when the mine is operational; and
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(b) has sufficient authority and
control over the mining
operations to close or suspend
operations at the mine or in parts
of the mine that may expose
employees to an unreasonable
risk to their health or safety.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 250 penalty
units; and
(b) a natural person, a fine
not exceeding 50 penalty
units.
(4) The mine operator must ensure that the
site senior officer at the mine has input
into -
(a) the development, implementation,
maintenance, monitoring and
review of the health and safety
management system at the mine,
at the appropriate stages in the
life cycle of the system at the
mine; and
(b) the development, implementation,
and maintenance of risk
management systems at the mine;
and
(c) the development, implementation
and maintenance, at the
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appropriate times, of the
management structure for the
mine.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 500 penalty
units; and
(b) a natural person, a fine
not exceeding 100 penalty
units.
32K. Qualifications of site senior officer
The site senior officer for a mine must
have the following qualifications:
(a) appropriate background,
experience and competence for
the functions of site senior officer
under the Act, at the mine
concerned, taking into account
the level of risk to health and
safety arising from mining
operations at the mine, the size of
the mine and the technical
expertise available to the site
senior officer at the mine;
(b) any requirements specified in the
regulations, including
qualifications, training,
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background, experience,
knowledge and understanding.
32L. Duties of site senior officer
(1) The site senior officer for a mine must
ensure, as far as practicable and in
relation to matters over which he or she
has the capacity to control or to influence
control, that the mining operations or the
state of the mine do not adversely affect
the health or safety of any person.
Penalty: Fine not exceeding 250 penalty
units.
(2) Without limiting subsection (1), the site
senior officer must ensure the following,
so far as is reasonably practicable:
(a) adequate planning, organisation,
leadership and control of
operations to ensure that the
operations do not adversely affect
health and safety;
(b) the carrying out of critical work
at the mine that requires
particular technical competencies;
(c) adequate and competent
supervision and control of
operations on each shift at the
mine;
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(d) regular monitoring and
assessment of the working
environment, work procedures,
equipment and installations at the
mine;
(e) appropriate inspection of each
work area at the mine including,
where necessary, pre-shift
inspections;
(f) compliance with the mine's
health and safety management
system, if any;
(g) appropriate means, practices and
procedures for communication
between -
(i) workers; and
(ii) workers and management;
and
(iii) shifts;
(h) cessation of work, closure and or
evacuation, as appropriate, at all
or part of the mine when there is
an imminent and material risk of
serious injury, serious illness or
death, until the risk is eliminated
or minimised.
Penalty: Fine not exceeding 250 penalty
units.
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(3) The site senior officer at a mine must
report to the operator of the mine -
(a) any risks to health or safety at the
mine that have not been
eliminated, or adequately
managed, reduced or controlled;
and
(b) any significant departures from,
or identified inadequacies in, the
mine's health and safety
management system that are
likely to give rise to increased
risk of injury or harm to the
health of a person; and
(c) vacancies or inadequacies in the
management structure that the
site senior officer at the mine is
unable to rectify and that are
likely to impact adversely on the
health or safety of persons
affected by the mining
operations.
Penalty: Fine not exceeding 250 penalty
units.
32M. Absence of site senior officer
(1) If the site senior officer is absent from
the mine for -
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(a) a significant period of time in
relation to the complexity of
operations at the mine, the size of
those operations and the level of
risk at the mine; or
(b) in any event, more than 7
continuous days during which
mining operations are undertaken
at the mine -
the mine operator must make
arrangements for another individual to
undertake the duties of the site senior
officer.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 250 penalty
units; and
(b) a natural person, a fine
not exceeding 50 penalty
units.
(2) If, at a mine where the number of hours
worked is 3 000 or more per month, a
site senior officer, who is not the mine
operator, is absent for more than 14
continuous days during which mining
operations are undertaken at the mine,
the mine operator must advise the Chief
Inspector of Mines, in writing and as
soon as practicable, of the site senior
officer's absence and the alternative
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s. 7
arrangements put in place, or proposed to
be put in place, during that absence.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 100 penalty
units; and
(b) a natural person, a fine
not exceeding 20 penalty
units.
32N. Guidance material in relation to appropriate
presence and qualifications
For the purposes of this Part, the Chief
Inspector of Mines may publish guidance
material relevant to determining what
constitutes an appropriate presence at the
mine.
Division 4 - Health and Safety
32O. Employees, workers and self-employed
persons to comply with health and safety
requirements
(1) An employee or worker at a mine must,
so far as he or she is reasonably able,
comply with -
(a) any reasonable health and safety
direction issued by the mine
operator or site senior officer; and
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(b) any health and safety
management system for the mine.
Penalty: Fine not exceeding 100 penalty
units.
(2) A self-employed person at a mine must,
so far as is reasonably practicable,
comply with -
(a) any reasonable health and safety
direction issued by the mine
operator or site senior officer; and
(b) any health and safety
management system for the mine.
Penalty: Fine not exceeding 250 penalty
units.
32P. Contractor to comply with health and safety
requirements
(1) A contractor at a mine must ensure, so
far as is reasonably practicable, that a
person is not exposed to a risk to his or
her health and safety arising from the
mining operations of the contractor.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 1 500
penalty units; and
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(b) a natural person, a fine
not exceeding 500 penalty
units.
(2) A contractor must comply, so far as is
reasonably practicable, with -
(a) any health and safety
management system for the mine;
and
(b) any reasonable health and safety
direction issued by the mine
operator or site senior officer.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 750 penalty
units; and
(b) a natural person, a fine
not exceeding 250 penalty
units.
32Q. Visitors to comply with health and safety
requirements
A visitor to a mine must comply, so far
as he or she is reasonably able, with -
(a) any reasonable health and safety
direction issued by the mine
operator or site senior officer; and
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(b) any health and safety
management system for the mine;
and
(c) any other health and safety
requirements relevant to him or
her.
Penalty: Fine not exceeding 100 penalty
units
32R. Management structure to be maintained
(1) The operator of a mine must establish
and maintain an appropriate management
structure of competent persons for the
mine which includes having others acting
in, and the timely filling of, vacant
positions in the structure (including the
position of site senior officer at the
mine).
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 250 penalty
units; and
(b) a natural person, a fine
not exceeding 50 penalty
units.
(2) The management structure must include
competent persons with appropriate
technical or engineering competence
commensurate with the nature, size and
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complexity of the mine and mining
operations and the associated risks.
(3) The management structure must be set
out in a document which nominates
persons within the structure by position
and outlines their areas of responsibility
and accountability.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 250 penalty
units; and
(b) a natural person, a fine
not exceeding 50 penalty
units.
32S. Health and safety management system
(1) A mine operator must develop,
implement, maintain and review an
auditable, documented health and safety
management system for the mine that
complies with the requirements in the
regulations for health and safety
management systems, and is
commensurate with the nature, size and
complexity of the mine and mining
operations, and the associated risks.
Penalty: In the case of -
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(a) a body corporate, a fine
not exceeding 750 penalty
units; and
(b) a natural person, a fine
not exceeding 50 penalty
units.
(2) A health and safety management system
is an auditable, documented system that
complies with the regulations and that
systemically protects, so far as is
reasonably practicable, the health and
safety of mine workers and other persons
who may be exposed to risks arising
from mining operations.
32T. Consultation with workers
During the preparation or amendment of
any part of the health and safety
management system relevant to their
activities, a mine operator must consult,
so far as is reasonably practicable, with
workers who may be exposed to risk to
their health or safety arising from the
mining operations.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 100 penalty
units; and
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(b) a natural person, a fine
not exceeding 20 penalty
units.
32U. Timing of implementation of health and
safety management system
(1) Where a mine operator at a mine that is
in operation on or before the
commencement day is required to
implement a health and safety
management system in accordance with
this Act, that system must be
implemented 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) two months after the date of
commencement of the Workplace
Health and Safety Amendment
(Mine Safety) Act 2010, in any
other case.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 750 penalty
units; and
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(b) a natural person, a fine
not exceeding 50 penalty
units.
(2) Subject to subsection (1), mining
operations must not be commenced at a
mine unless a health and safety
management system that complies with
this Act is in place at the mine.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 750 penalty
units; and
(b) a natural person, a fine
not exceeding 50 penalty
units.
(3) A notice under subsection (1)(a) is not a
statutory rule for the purposes of the
Rules Publication Act 1953.
32V. Work to be in accordance with health and
safety management system
A mine operator must ensure, so far as is
reasonably practicable, that any work at
the mine is carried out in compliance
with any health and safety management
system for the mine, including work
undertaken by contractors and their
workers.
Penalty: In the case of -
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(a) a body corporate, a fine
not exceeding 250 penalty
units; and
(b) a natural person, a fine
not exceeding 50 penalty
units.
32W. Audit and review of health and safety
management system
(1) An inspector may at any time audit and
review all or part of -
(a) the health and safety management
system, if any, and any of the
elements required by regulation
to be included as part of the
health and safety management
system; and
(b) any other requirements for the
mine required by the Act or the
regulations.
(2) An inspector may at any time request a
mine operator to provide a copy of any
documentation pertaining to any of the
matters mentioned in subsection (1).
(3) An audit and review of any of the matters
mentioned in subsection (1) may occur
periodically, after the occurrence of an
event prescribed by the regulations or at
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Act No. of
s. 7
any other time that the inspector thinks is
appropriate.
(4) An audit and review is not limited to an
examination of the documentation
relating to any of the matters mentioned
in subsection (1).
(5) An inspector may do whatever is
necessary (within the scope of his or her
powers) to assess the relevant matters.
(6) A mine operator must comply with an
inspector's request under this section.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 500 penalty
units; and
(b) a natural person, a fine
not exceeding 100 penalty
units.
32X. Inadequate health and safety management
system
(1) An inspector, if of the opinion that a
health and safety management system is
inadequate, may direct the operator of the
mine to -
(a) amend the health and safety
management system or any of its
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components as directed by the
inspector; or
(b) review and revise the health and
safety management system or any
of its components in order to
address the identified inadequacy.
(2) A direction is to -
(a) be in writing; and
(b) state reasons for the view that the
health and safety management
system is inadequate and, in
doing so, specify the inadequacy;
and
(c) specify the date by which a
reviewed and revised health and
safety management system is to
be implemented; and
(d) provide for the reviewed and
revised health and safety
management system to be
reassessed by the inspector prior
to the required date for
implementation.
(3) If an inspector directs that a review be
undertaken under subsection (1)(b), the
inspector may specify the focus of the
review.
(4) A mine operator must comply with a
direction under this section.
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Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 500 penalty
units; and
(b) a natural person, a fine
not exceeding 100 penalty
units.
(5) A mine operator may appeal against a
direction under this section in accordance
with section 41.
32Y. Chief Inspector of Mines may require
independent audit
(1) Where the risks arising from the
operation of a mine have the potential to
give rise to the serious injury or death of
a person, an emergency, or a dangerous
situation, and the Chief Inspector of
Mines is not satisfied that the health and
safety management system for the mine
adequately manages the risk, he or she
may direct the mine operator to obtain an
independent audit of the health and
safety management system, either in
general or in relation to one or more
specific aspects.
(2) The mine operator must obtain the audit
and provide the outcome of it to the
Chief Inspector of Mines.
43
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s. 7
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 500 penalty
units; and
(b) a natural person, a fine
not exceeding 100 penalty
units.
(3) A direction under subsection (1) is to
state -
(a) the reasons for requiring the audit
to be carried out and its
objectives; and
(b) that the person who carries out
the audit must be a person
approved by the Chief Inspector
of Mines; and
(c) the date by which the outcome of
the audit is to be provided to the
Chief Inspector of Mines.
(4) For the purposes of subsection (3)(b), the
Chief Inspector of Mines may approve a
person, or group of persons, only if -
(a) the person or group has the
necessary qualifications or
experience to carry out the audit;
and
(b) the Chief Inspector of Mines is
satisfied that the person or group
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is able to provide an independent
audit.
(5) Subject to the approval of the Chief
Inspector of Mines, the mine operator
may appoint a bipartite team to assist in
carrying out the audit.
(6) The Crown is not liable to pay for, or
contribute to, the costs of the
independent audit.
(7) A member of a bipartite team incurs no
civil liability arising from anything done
or omitted to be done in good faith in
relation to the audit.
(8) Subsection (7) does not apply to a person
who operates as, or is employed by, an
entity whose line of work includes the
provision of consultancy services for
payment in an area relevant to the audit
concerned.
(9) A mine operator may appeal against a
direction under this section in accordance
with section 41.
(10) For the purposes of this section -
"bipartite team" means a team of
persons with appropriate
expertise of whom -
(a) at least one is employed by, or is
a member of, a union
representing mine workers; and
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(b) at least one is a mine operator
from another mine or is
employed -
(i) in undertaking, or
providing services to,
mining; or
(ii) by a mining industry
organisation.
Division 5 - Miscellaneous
32Z. Notification of commencements and
suspension of mining operations
(1) The operator of a mine must notify the
Chief Inspector of Mines -
(a) before mining operations are
commenced at the mine; and
(b) if mining operations are under
way at the time this provision
comes into effect, within 14 days
after the date of effect; and
(c) before mining operations are
resumed after their suspension;
and
(d) before mining operations are
abandoned; and
(e) before mining operations are
suspended.
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(2) Subsection (1) does not apply to mining
operations that consist solely of
exploration activities unless those
activities are drilling that is not -
(a) post hole drilling; or
(b) drilling undertaken using only
hand-held instruments.
32ZA. Record book to be kept
(1) A mine operator at a mine, other than a
mine where exploration is the only
mining operation, must keep a record
book in a form approved by the Chief
Inspector of Mines to record the
inspections made by inspectors, together
with instructions given by those
inspectors, and other information
specified in writing by the Chief
Inspector of Mines.
(2) The mine operator must ensure that a
record book required to be kept in
accordance with subsection (1) is made
available for inspection by employees,
contractors and self-employed persons at
the mine.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 25 penalty
units; and
47
Workplace Health and Safety Amendment (Mine Safety) Act 2010
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s. 7
(b) a natural person, a fine
not exceeding 10 penalty
units.
32ZB. Exemption from safety management system
in respect of major hazard facilities, &c.
(1) A mine operator who -
(a) is the occupier of a major hazard
facility, a possible major hazard
facility or a dangerous substances
location, under the Dangerous
Substances (Safe Handling Act)
2005, at the mine; and
(b) considers it likely that the safety
management system proposed to
be implemented in compliance
with that Act does or will cover
all mining operations at the mine
to a standard at least equivalent to
the standard under this Act -
may apply to the Chief Inspector of
Mines for an exemption from some or all
of the provisions relating to health and
safety management systems under this
Act.
(2) The Chief Inspector of Mines may grant
full or partial exemption, with or without
conditions, from the requirements
relating to a health and safety
management system where he or she is
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s. 7
satisfied that the proposed safety
management system will deliver a
standard at least equivalent to the
standard required by the exempted
provisions of this Act.
(3) The Chief Inspector may temporarily
exempt the applicant from compliance
until the application is determined.
(4) The Chief Inspector may require any
information to be submitted to assist in
his or her determination of the
application.
(5) Where the applicant is a possible major
hazard facility, the applicant may apply
for an exemption from some or all of the
provisions relating to health and safety
management systems under this Act until
it is determined whether or not the
applicant is a major hazard facility.
(6) If the applicant is determined to be a
major hazard facility, the applicant may
apply for a further exemption until the
safety management system is required to
be developed and implemented under the
Dangerous Substances (Safe Handling
Act) 2005.
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32ZC. Certain information declared to be guidance
material
(1) For the purpose of providing guidance
and informing the decision-making
process at a mine, the Chief Inspector of
Mines may -
(a) declare as guidance material all
or specified parts of any code,
standard, rule, specification,
provision or document relating to
occupational health or safety,
whether prepared or published by
the Department or any other body
or authority; and
(b) incorporate by reference any
other such document either as it is
in force at the time the guidance
material is approved or as
amended from time to time.
(2) A declaration under subsection (1) is to
specify the scope of the application of the
guidance material, which may be to all
mines or to all mines of a certain size,
type or characteristic.
(3) The Chief Inspector of Mines may
revoke or amend a declaration under
subsection (1).
(4) The Chief Inspector of Mines must cause
a declaration or the revocation or
amendment of a declaration under this
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s. 8
section to be published in the Gazette and
on the World Wide Web.
(5) A declaration under this section is not a
statutory rule for the purposes of the
Rules Publication Act 1953.
32ZD. Appeals
A person may appeal, in accordance with
section 41, against any decision made by
the Chief Inspector of Mines under this
Part.
8. Section 35 amended (Chief Inspector of Mines)
Section 35 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsections:
(2) The Chief Inspector of Mines is, subject
to the direction of the Director,
responsible for -
(a) the administration of this Act and
the regulations in relation to
mines; and
(b) the oversight and direction of
inspectors assigned primarily to
mines; and
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(c) any other functions conferred on
the Chief Inspector of Mines by
this Act or the regulations.
(3) The Chief Inspector of Mines may
declare any material relevant to
occupational health and safety at mines
to be guidance material for the purposes
of this Act.
9. Section 36 amended (Powers and functions of
inspectors)
Section 36(1) of the Principal Act is amended by
inserting after paragraph (d) the following
paragraph:
(da) provide information or advice to any
person for the purpose of facilitating
compliance with the Act; and
10. Section 41 amended (Right of appeal)
Section 41(1) of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (ab):
(ac) a direction by an inspector where
it is specified in this Act that the
direction is appealable; or
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s. 11
(b) by inserting the following subparagraph
after subparagraph (i) in paragraph (b):
(ia) the Chief Inspector of Mines; or
(c) by inserting ", direction" after "vary the
notice".
11. Section 44 amended (Protection from liability)
Section 44 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "An"
and substituting "The Chief Inspector of
Mines or an";
(b) by inserting in subsection (1) "Chief
Inspector or" after "by the";
(c) by inserting in subsection (1) "Chief
Inspector or" after "of the";
(d) by inserting in subsection (2) "the Chief
Inspector or" after "that".
12. Section 47 amended (Notice of serious accidents and
dangerous incidents to be given)
Section 47 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"illness -" and substituting "illness; or";
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s. 13
(b) by inserting the following paragraph after
paragraph (b) in subsection (1):
(c) an incident of a kind prescribed
for the purposes of this section
occurs -
(c) by inserting in subsection (2)
"prescribed" after "notification of the".
13. Section 57 amended (Regulations)
Section 57 of the Principal Act is amended as
follows:
(a) by inserting in subsection (5) "or the
Chief Inspector of Mines" after
"Director";
(b) by inserting the following subsections
after subsection (13):
(14) The regulations may exempt a
person, thing or activity or a class
of persons, things or activities
from the operation of this Act or
the regulations or any provision
of this Act or the regulations.
(15) Regulations made in respect of
mines and mining operations may
apply to all mines or to only those
mines meeting such criteria as
may be set out in the regulations,
such as size, product, nature of
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s. 14
the work or location above or
below ground.
14. Schedule 1 amended (Regulations)
Schedule 1 to the Principal Act is amended by
inserting after item 6 the following items:
6A. The making of major hazard
management plans.
6B. The circumstances in which, and the
terms on which, a mine operator may
appoint a person or persons with
particular expertise to assist a site senior
officer to perform his or functions or
discharge his or her duties at a mine or
part of a mine.
15. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 55