22---Coal Mine ACT questions

Question 1

Section 5 Who does the Coal Mining Safety and Health Act 1999 apply to?

Answer 1

• Everyone who may affect the safety or health of persons while at a coal mine. (1)
• Everyone who may affect the safety or health of persons
as a result of coal mining operations (1)
• A person whose safety or health may be affected while at a coal mine (1)
• or as a result of coal mining operations. (1)

Question 2

Section 6 What are the objectives of the Coal Mining Safety and Health Act 1999?

Answer 2

The objects of this Act are—
• To protect the safety and health of persons at coal mines
and persons who may be affected by coal mining operations (2)
• To require that the risk of injury or illness to any person
resulting from coal mining operations be at an acceptable level. (2)

Question 3

Section 26 What is a “Supervisor”?

Answer 3

A supervisor at a coal mine is a coal mine worker who is authorised by the site senior executive to give directions to other coal mine workers in accordance with the safety and health management system. (2)

Question 4

Section 45 What are the obligations of “erectors and installers of plant” at a mine?

Answer 4

An erector or installer of plant at a coal mine has an, obligation—

(a) to erect or install the plant in a way that is safe and does not expose persons at the mine to an unacceptable level of risk; and (2)
(b) to ensure nothing about the way the plant was erected or installed makes it unsafe or likely to expose persons at the mine to an unacceptable level of risk when used properly..(2)

Question 5

(Section 201a,b,c,) What must the site senior executive do if there is a serious accident or high potential incident?
3 marks

Answer 5

(1) If there is a serious accident or high potential incident, the site senior executive must—
(a) carry out an investigation to decide the causes of the accident or incident; and (1)
(b) prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and (1)
(c) if the accident or incident is a type prescribed by regulation—forward the report to an inspector within 1 month after the accident or incident. (1)

Question 6

Question 2.18 When may live testing on electrical equipment be conducted in an ERZ0?
(Section 186(1)) 3 marks

Answer 6

A person must not live test electrical equipment or installations, including intrinsically safe electrical equipment and installations, in an ERZ0 at an underground mine. (3)

Question 7

(Section 29) What is an “acceptable level” of risk?
4 marks

Answer 7

(1) For risk to a person from coal mining operations to be at an
acceptable level, the operations must be carried out so that the level of risk from the operations is—
(a) within acceptable limits; and (1)
(b) as low as reasonably achievable. (1)
(2) To decide whether risk is within acceptable limits and as low as reasonably achievable regard must be had to—
(a) the likelihood of injury or illness to a person arising out of the risk; and (1)
(b) the severity of the injury or illness.(1)

Question 8

(Section 5) Who does the Coal Mining Safety and Health Act 1999 apply to?

Answer 8

This Act applies to—
• Everyone who may affect the safety or health of persons while at a coal mine. (1)
• Everyone who may affect the safety or health of persons as a result of coal mining operations (1)
• A person whose safety or health may be affected while at a coal mine (1)
• or as a result of coal mining operations. (1)

Question 9

(Section 6) What are the objectives of the Coal Mining Safety and Health Act 1999?
4 marks

Answer 9

The objects of this Act are—
• To protect the safety and health of persons at coal mines and persons who may be **affected by coal mining operations (2)
• To require that the risk of injury or illness to any person r**esulting from coal mining operations be at an acceptable level. (2)

Question 10

(Section 14) What is the meaning of “Standard Operating Procedure”?

Answer 10

A standard operating procedure at a coal mine is a documented way of working, or an arrangement of facilities, at the coal mine to achieve an acceptable level of risk, (1) developed after consultation with coal mine workers. (1)

Question 11

(Section 16) What is the meaning of “Serious Accident”?

Answer 11

A serious accident at a coal mine is an accident at a coal mine that causes—
• The death of a person; or (2)
• A person to be admitted to a hospital as an in-patient for treatment for the injury. (2)

Question 12

(Section 17)
What is the meaning of “High Potential Incident”?

Answer 12

A high potential incident at a coal mine is an event, or a series of events, that causes or has the potential to cause a significant adverse effect on the safety or health of a person. (2)

Question 13

(Section 20) What is the meaning of “Principal Hazard”?
2 marks

Answer 13

A principal hazard at a coal mine is a hazard at the coal mine with the potential to cause multiple fatalities. (2)

Question 14

(Section 26) What is a “Supervisor”?
2 marks

Answer 14

A supervisor at a coal mine is a coal mine worker who is authorised by the site senior executive to give directions to other coal mine workers in accordance with the safety and health management system. (2)

Question 15

(Section 29) What is an “acceptable level” of risk?
4 marks

Answer 15

(1) For risk to a person from coal mining operations to be at an
acceptable level, the operations must be carried out so that the level of risk from the operations is—
(a) within acceptable limits; and (1)
(b) as low as reasonably achievable. (1)
(2) To decide whether risk is within acceptable limits and as low as reasonably achievable regard must be had to—
(a) the likelihood of injury or illness to a person arising out of the risk; and (1)
(b) the severity of the injury or illness.(1)

Question 16

(Section 31) What should happen if the level of risk is unacceptable?
5 marks

Answer 16

(1) If there is an unacceptable level of risk to persons at a coal mine, this Act requires that—
(a) persons be evacuated to a safe location; and (1)
(b) action be taken to reduce the risk to an acceptable level. (1)
(2) Action to reduce the risk to an acceptable level may include stopping the use of specified plant or substances. (1)
(3) The action may be taken by the coal mine operator for the mine, the site senior executive for the mine, industry safety and health representatives, site safety and health representatives, coal mine workers, inspectors or inspection officers. (any two from above) (2)

Question 17

(Section 33) Who have obligations for safety and health under the Act?
10 marks

Answer 17

Coal mine workers or other persons at coal mines or persons who may affect safety and health at coal mines or as a result of coal mining operations, have obligations under division 2 (2)
The following persons have obligations under division 3
(also safety and health obligations)—
(a) a holder; (1)
(b) a coal mine operator; (1)
(c) a site senior executive; (1)
(d) a contractor; (1)
(e) a designer, manufacturer, importer or supplier of plant for use at a coal mine; (1)
(f) an erector or installer of plant at a coal mine; (1)
(g) a manufacturer, importer or supplier of substances for use at a coal mine; (1)
(h) a person who supplies a service at a coal mine. (1)

Question 18

(Section 38) How can obligations be met if no regulation or recognised standard is made?
3 marks

Answer 18

(1) This section applies if there is no regulation or recognised standard prescribing or stating a way to discharge the person’s safety and health obligation in relation to a risk.
(2) The person may choose an appropriate way to discharge the person’s safety and health obligation in relation to the risk. (1)
(3) However, the person discharges the person’s safety and health obligation in relation to the risk only if the person takes reasonable precautions, and exercises proper diligence, to ensure the obligation is discharged. (2)

Question 19

(Section 39) Who has the obligation to inform other persons about information they need to know to protect themselves from injury or illness?
4 marks

Answer 19

(1) A coal mine worker or other person at a coal mine or a person who may affect the safety and health of others at a coal mine or as a result of coal mining operations has the following obligations—
(b) if the coal mine worker (2)or other person(2) has information that other persons need to know to fulfil their obligations or duties under this Act, or to protect themselves from
the risk of injury or illness, to give the information to the other persons;

Question 20

(Sections 39,41,42,44,45,&46) Which persons have the obligation to ensure that the risk to workers at a mine is at an acceptable level?
3 marks

Answer 20

Obligations of coal mine operators (1)
(1) (a) to ensure the risk to coal mine workers while at the operator’s mine is at an acceptable level, including, for example, by providing and maintaining a place of work
and plant in a safe state;
Obligations of site senior executive for coal mine (1)
(a) to ensure the risk to persons from coal mining operations is at an acceptable level;
Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at coal mines (1)
(1) A designer or importer of plant for use at a coal mine has an obligation to ensure the plant is designed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.
Obligations of erectors and installers of plant (1)
An erector or installer of plant at a coal mine has an obligation—
(a) to erect or install the plant in a way that is safe and does not expose persons at the mine to an unacceptable level of risk; and
Obligations of manufacturers, importers and suppliers of substances for use at coal mines (1)
(1) A manufacturer or importer of a substance for use at a coal mine has the following obligations—
(a) to ensure the substance is safe so that, when used properly, the risk to persons from the use of the substance is at an acceptable level;
Obligations of persons generally (1)
(1) (c) to take any other reasonable and necessary course of
action to ensure anyone is not exposed to an unacceptable level of risk.
(2) (a) to work or carry out the worker’s or person’s activities in a way that does not expose the worker or person or someone else to an unacceptable level of risk;
Any three of the above

Question 21

(Section 42e) Under the Act, which person has the obligation to train workers so that they are competent to perform their duties?
3 marks

Answer 21

Obligations of site senior executive for coal mine (3)
A site senior executive for a coal mine has the following obligations in relation to the safety and health of persons who may be affected by coal mining operations—
(e) to train coal mine workers so that they are competent to perform their duties;

Question 22

(Section 45) What are the obligations of “erectors and installers of plant” at a mine?
4 marks

Answer 22

An erector or installer of plant at a coal mine has an, obligation—

(a) to erect or install the plant in a way that is safe and does not expose persons at the mine to an unacceptable level of risk; and (2)
(b) to ensure nothing about the way the plant was erected or installed makes it unsafe or likely to expose persons at the mine to an unacceptable level of risk when used properly.(2)

Question 23

(Section 56) What must the site senior executive be sure of before assigning the tasks of a supervisor to a person?
(Section 56) 4 marks

Answer 23

A site senior executive must not assign the tasks of a supervisor to a person unless the person—

(a) is competent to perform the task assigned; and (2)
(b) if there is a safety and health competency for supervisors recognised by the council, has the relevant competency. (2)

Question 24

(Section 58) When must the site senior executive appoint another competent person to perform the duties of a person who is temporarily absent?
4 marks

Answer 24

(1) This section applies if a person—
(a) is mentioned in the management structure for a coal mine documented under section 55; and (2)
(b) actively supervises coal mine workers where there is a risk to the workers; and
(c) is temporarily absent from duty. (2)
(2) The site senior executive for the coal mine must appoint another competent person to perform the person’s duties while the person is absent.

Question 25

(Section 60(8)) What competencies must a person have to be appointed to be responsible for the control and management of underground activities when the manager is absent? 3 marks

Answer 25

The underground mine manager must appoint a person holding **a first**(1) or **second class** (1) **certificate** of competency or a **deputy’s certificate**(1) of competency to be responsible for the control and management of underground activities when the manager is not in attendance at the mine.

Question 26

(Section 62(1)(2)) What is the meaning of a “Safety and Health Management System”? 4 marks

Answer 26

(1) A safety and health management system for a coal mine **is a system that incorporates risk management elements and practices** (1/2) that ensure safety and health of persons who may be affected by coal mining operations. (2) A safety and health management system must be an **auditable documented system** (1/2) that forms part of an overall management system that includes **organisational structure,** (1/2) **planning activities,(**1/2) **responsibilities, practices, procedures** (1/2), processes and resources for **developing**, (1/2) **implementing, achieving,** (1/2) **reviewing** and **maintaini**ng (1/2) a safety and health policy.

Question 27

(Section 62) List 5 matters required in a safety and health management system for it to be adequate and effective in achieving an acceptable level of risk. 5 marks

Answer 27

(3) The safety and health management system must be adequate and effective to achieve an acceptable level of risk by— (a) **defining the coal mine operator’s safety and health policy;** (1) and (b) containing **a plan to implement** (1) the coal mine operator’s safety and health policy; and (c) stating how the coal mine operator intends to d**evelop the capabilities** and **support mechanisms**(1) necessary to achieve the policy; and (d) i**ncluding principal hazard management plans** and standard **operating procedures**; and(1) (e) containing a way of— (i) **measuring, monitoring and evaluating** the performance of the safety and health management system; and(1) (ii) taking the action necessary to **prevent or correct matters that do not conform w**ith the safety and health management system; and(1) (f) containing a plan to **regularly review** and **continually improve** the safety and health management system so that risk to persons at the coal mine is at an acceptable level; and(1) (g) if there is a s**ignificant change t**o the coal mining operations of the coal mine—containing a plan to **immediately review** the safety and health management system so that risk to persons is at an acceptable level. (1) (4) The **site senior executive must make available for inspection, by coal mine workers** employed at the coal mine, a copy of the safety and health management system. (1) (5) The **site senior executive must give a copy of a principal hazard management plan to a coal mine worker whose work at the coal mine is affected by the requirements of the plan** and **who requests a copy** of the hazard management plan. (1)

Question 28

(Section 63) What must a Principal Hazard Management Plan do? 4 marks

Answer 28

(1) A principal hazard management plan must— (a) i**dentify, analyse** and **assess** risk associated with principal hazards; and (3) (b) include **standard operating procedures** and other measures to control risk.(1)

Question 29

(Section 64) What are the requirements for review of principal hazard management plans and standard operating procedures? 4 marks

Answer 29

(1) This section applies if— (a) a safety and health management system has been developed for a new coal mine; or (b) it is proposed to change a safety and health management system at an existing coal mine. (2) The site senior executive must review the principal hazard management plans and standard operating procedures in c**onsultation with coal mine workers(**2) affected by the plans and operating procedures. (3) The review under subsection (2) must take place— (a) **for a new coal mine—as soon as practicable after the start of coal mining operations**; or(1) (b) **for a change at an existing coal mine—before the change happens**. (1)

Question 30

(Section 67) List 5 matters that the site senior executive must keep on plans at the mine. 5 marks

Answer 30

(1) A site senior executive for a coal mine must keep at the mine— (a) plans showing, as far as practicable— (i) the **extent of the mine workings** and **the current position of any part of the mine workings**; and (1) (ii) for an **underground mine**, the **significant topographical features on the surface** above the mine; and (1) (b) **plans showing the extent of mining undertaken at or near the mine;** and (1) (c) information likely to be required to evaluate the effect of the mine on— (i) **the safety of adjoining coal mines**; and(1) (ii) **any potential uncontrolled flow of material** into the mine workings; and(1) (d) information likely to be required to **evaluate the effect of any adjoining mine** on the safety of the mine. (1)

Question 31

(Section 68) List the 5 matters that must be kept in a mine record. 5 marks

Answer 31

(1) A coal mine operator for a coal mine must keep a mine record that includes— (a) **all reports of, and findings and recommendations** resulting from **inspections, investigations** and **audits** carried out at the mine under this Act; and (1) (b) **all directives issued under this Act** to the coal mine operator and the operator’s agents or representatives; and (1) (c) a **record of all remedial actions taken as a result of directives i**ssued under this Act; and(1) (d) a record of and r**eports about all serious accidents and high potential incidents** that have happened at the mine; and(1) (e) all other **reports or information that may be prescribed under a regulation** for this section. (1)

Question 32

(Section 76) What is the function of the Advisory Council? List four Functions 4 marks

Answer 32

(1) The **primary function of the council is to give advice and make recommendations** to the Minister about promoting and protecting the safety and health of persons at coal mines. (1) (2) Without limiting subsection (1), the council must discharge its primary function by— (a) p**eriodically reviewing—** (i) t**he effectiveness of this Act, regulations and recognised standards**; (1) (ii) the **effectiveness of the control of risk to any person from coal mining operations**; and(1) (b) within 3 years after the commencement, reviewing the effectiveness of the board of examiners and the need for the continuation of its functions. (3) The council also has the function of **recognising, establishing and publishing**—(1) (a) t**he competencies accepted by it as qualifying a person to perform the tasks prescribed under a regulation;** or(1) (b) the **safety and health competencies required to perform the duties of a person** under this Act. (1) (4) In periodically reviewing effectiveness under subsection (2), the council must have regard to the following— (a) t**he risk management performance of the coal mining industry;** (1) (b) **the appropriateness of recognised standards**; (1) (c) e**ducation, training, and standards of competency within the coal mining industry;** (1) (d) the **implementation of recommendations from inspectors’ investigations, coroners’ inquests, boards of inquiry, and other sources**; (1) (e) t**he promotion of community knowledge and awareness of safety and health in the coal mining industry;** (1) (f) **any other matter referred to it by the Minister**. (1)

Question 33

(Section 99) List 4 functions of a site safety and health representative. 4 marks

Answer 33

(1) A site safety and health representative for a coal mine has the following functions— (a) **to inspect the coal mine** to assess whether the level of risk to coal mine workers is at an acceptable level; (1) (b) **to review procedures in place** at the coal mine to control the risk to coal mine workers so that it is at an acceptable level; (1) (c) t**o detect unsafe practices and conditions** at the coal mine and **to take action to ensure the risk to coal mine workers is at an acceptable level**; (1) (d) **to investigate complaints** from coal mine workers at the mine regarding safety or health. (1)

Question 34

(Section 99(5)(6)) List 2 actions that a site safety and health representative must do in the event of detecting that the safety and health management system is inadequate or ineffective? 2 marks

Answer 34

(5) If a site safety and health representative believes a safety and health management system is inadequate or ineffective, the representative **must inform the site senior executive**.(1) (6) If the site safety and health representative **is not satisfied the site senior executive is taking the action necessary** to make the safety and health management system adequate and effective, the representative **must advise an inspector.** (1)

Question 35

(Section 106) List 5 matters that the site senior executive must tell the site safety and health representative about. 5 marks

Answer 35

(1) A site senior executive for a coal mine must tell a site safety and health representative at the mine about the following things— (a) **an injury or illness to a** person from coal mining operations that causes an absence from work of the person; (1) (b) a **high potential incident h**appening at the coal mine; (1) (c) any p**roposed changes to the coal mine, or plant or substances used** at the coal mine, **that affect, or may affect, the safety and health** of persons at the mine; (1) (d) the **presence of an inspector or inspection officer** at the coal mine if the representative is at the mine; (1) (e) a **directive given by an inspector, inspection officer or industry safety and health representative** about a matter. (1)

Question 36

(Section 151) If an inspector or inspection officer stops the operation of plant or equipment believing it likely to cause serious bodily injury, and confirmed the action in the mine record, what must the site senior executive ensure? 4 marks

Answer 36

The site senior executive must ensure that the plant or equipment is **not returned to operation until the risk to persons** from the **plant or equipment** is at an **acceptable level.** (4)

Question 37

(Section 166) To whom would an inspector issue a directive by notice, to reduce risks to an acceptable level? 4 marks

Answer 37

(1) If an inspector or inspection officer reasonably believes a risk from coal mining operations may reach an unacceptable level, the inspector or officer **may give a directive to any person** (1) to take stated corrective or preventative action to prevent the risk reaching an unacceptable level. (2) The directive may be given orally or by notice. (3) If the directive is given orally, the person giving the directive must confirm the **directive by notice** to the **person in control of the mine** (1) or **part of the mine affected** (1) by the directive and to the relevant site senior executive. (1)

Question 38

(Sections 164 - 172) List 5 matters for which directives may be given by an inspector. 5 marks

Answer 38

**164 Directive to ensure coal mine worker competent (1) 165 Directive to carry out test (1) 166 Directive to reduce risk (1) 167 Directive to suspend operations for unacceptable level of risk (1) 168 Directive to review safety and health management system and principal hazard management plans (1) 169 Directive to suspend operations for ineffective safety and health management system (1) 170 Directive to isolate site(1) 171 Directive about separate part of the mine (1) 172 Directive to provide independent engineering study (1)**

Question 39

(Section 174a,e,f) List 4 circumstances that would make a directive issued by an industry safety and health representative cease to be effective. 4 marks

Answer 39

(a) for a directive by an industry safety and health representative—**it is withdrawn in writing by the representative or an inspector**; (2) (e) for a directive by an industry safety and health representative, an inspection officer or an inspector and not otherwise withdrawn—the c**hief inspector varies o**r * *sets aside t**he directive after reviewing it under subdivision 4; or (1) (f) **the Industrial Court stays, varies or sets aside** the directive. (1)

Question 40

(Section 198) List 4 instances where a site senior executive must immediately notify an inspector and an industry safety and health representative. 4 marks

Answer 40

(a) the accident causes— (i) **the death of a person**; or (1) (ii) a person to be admitted to a **hospital as an in-patient for treatment** for a bodily injury endangering, or likely to endanger, the person’s life; or(1) (iii) a person to suffer an **injury causing, or likely to cause, a permanent injury** to the person’s health; or(1) (b) the incident is a **high potential incident** of a type prescribed under a regulation. (1)

Question 41

(Section 201a,b,c,) What must the site senior executive do if there is a serious accident or high potential incident? 3 marks

Answer 41

(1) If there is a serious accident or high potential incident, the site senior executive must— (a) c**arry out an investigation t**o decide the causes of the accident or incident; and (1) (b) prepare a report about the accident or incident that **includes recommendations to prevent the accident or incident happening again**; and (1) (c) if the accident or incident is a type prescribed by regulation—**forward the report to an inspector within 1 month** after the accident or incident. (1)

Question 42

(Section 201(2)a,b,c) List 4 activities that must occur before an accident site is interfered with. 4 marks

Answer 42

(2) The site senior executive must ensure that the place of the accident or incident is not interfered with until— (a) **all relevant details** about the accident or incident **have been recorded** and, if possible, **photographed**; and (2) (b) s**ufficient measurements have been taken t**o allow the development of an accurate plan of the site; and (1) (c) a **list of witnesses** to the accident or incident has been compiled. (1)

Question 43

(Section 268) List 4 ways it is illegal for a person to attempt to influence a coal mine worker to refuse to answer questions put by an inspector, inspection officer or industry safety and health representative. 4 marks

Answer 43

(1) A person must **not encourage** or **influence** (1) , or **attempt to encourage or influence** (1), by **general direction, promise of advantage**(1), **threat of dismissal or otherwise**(1), a coal mine worker to refuse to answer questions put to the coal mine worker by an inspector, inspection officer or industry safety and health representative.

Question 44

(Section 274) What rights does a coal mine worker have if he or she believes that there is immediate personal danger? 4 marks

Answer 44

(1) Subject to section 273(2) and (3), if a coal mine worker (the original worker) believes that there is immediate personal danger, the worker has the right— (a) to r**emove himself** or herself **to a position of safety;** and (2) (b) to **refuse to undertake a task** allocated to the worker that **may place the worker in immediate personal danger**. (2)