Act Part 1 - Preliminary

Question 1

Section 4 of the Act defines certain important terms that are used for managing risks associated with hazards. Define the following terms:

(a) Hazard
(b) Risk
(c) Practicable

Answer 1

(a) Hazard in relation to a person means anything that may result in injury or cause harm to health of a person.
(b) Risk in relation in injury or harm means the probability of that injury or harm occurring.

(c) Practicable means reasonably practicable in regards to:
- The severity of any potential injury or harm to health and the degree of risk of that occurring.
- The state of knowledge about the above including the means of removing or mitigating the potential injury or harm to health and the availability, suitability and cost of such means.

Question 2

Define the following terms:

(a) Shaft
(b) Tunnel or adit
(c) Rise
(d) Underground

Answer 2

(a) Shaft means:
- A vertical or inclined development opening where persons & materials are raised and lowered using winding engines and through which ventilation and services may be provided.
- A vertical or inclined development opening used for ventilation.

(b) A tunnel or adit is a horizontal or moderately graded development opening though which persons and materials are transported and services & ventilation are maintained.
(c) A rise is a vertical or steeply inclined development opening driven upward from any level.
(d) Underground means any operations beneath the natural surface of the earth and covered by natural rock or earth. This includes tunnels, drifts, shafts and winzes sunk more than 2m from the surface.

Question 3

(a) What are the duties of a manager who is reported of a dangerous situation or occurrence as per section 11?
(b) What are the duties of the principal employers and managers towards persons at the mine?
(c) The Act makes provision for ‘management appointments’ to assist the registered manager to carry out duties under the Act. How are these appointments to be made or acknowledged?

Answer 3

(a) The manager must, within a reasonable time after the report is received;
- Investigate the situation or occurrence that was reported.
- Determine the action.
- Notify the person who made the report of the determination.

(b) The Principal Employer and Mine Manager must take such measures as are practicable to ensure people who are at the mine, or use the access or egress of the mine are not exposed to hazards.
(c) - The Registered Manager must appoint such competent persons as are necessary to assist the Registered Manager to carry out their duties under the Act. The Registered Manager must record the facts and nature of each appointment in the record book.

• A person who is appointed must within 7 days of appointment, acknowledge their appointment by signing:
  1. The record book next to the record of appointment.
  2. The instrument of the appointment if any.