Act Part 3 - Administration Flashcards
(a) The Act provides that an inspector may issue an improvement notice under certain circumstances. What are those circumstances?
(b) When an inspector issues an improvement notice, who must be provided with a copy?
(c) When an inspector is of the opinion that a mine, mining practice or substance at or related to a mine is dangerous or is likely to become dangerous so as to constitute a hazard to any person, that inspector may issue a prohibition notice. Who may the notice be issued to?
(d) What are the requirements of the Act regarding the maintaining of records of the issue of an improvement or prohibition notice?
(e) The Act provides that the State Mining Engineer may do certain things with respect to an improvement or prohibition notices that has been referred for review. What are those things?
(a) Where an inspector is of the opinion that a person is:
- Contravening the Act.
- Has contravened the Act & is likely to continue.
(b) - The Mine Manager is issued a notice by the Inspector.
- The Mine Manager must then give a copy to the Principal Employer if the Principal Employer is not the person to whom it was issued.
- The Mine Manager must give the Principal Employer a copy of any improvement notice given to the Mine Manager.
(c) The prohibition notice may be issued to:
- The person who has control over the plant, hazardous substance or mining practice.
- In every case, the Mine Manager or Principal Employer.
(d) The Mine Manager must securely affix a copy of the notice in the record book of the mine.
(e) The State Mining Engineer may:
- Affirm the notice.
- Affirm the notice with modifications.
- Cancel the notice.
The Act provides that a qualified Safety and Health Representative (SHR) may issue a Provisional Improvement Notice (PIN) in respect to contraventions of the provisions of the Act.
(a) What is meant by a ‘qualified representative’?
(b) What are the grounds for a SHR to issue a PIN and what other condition must be satisfied before it can be issued?
(c) There are limitations on where the power to issue a PIN may be exercised by a qualified SHR. What are those limitations?
(d) Who may require that a PIN be reviewed by an inspector?
(a) Qualified Representative means a Safety and Health Representative who has completed a course of training prescribed for the purposes of this definition.
(b) Where a Qualified Representative is of the opinion that a person:
- Is contravening any provision of the Act.
- Has contravened any provision of the Act and is likely to continue.
- Has consulted the person and other OHS Representatives.
(c) A Qualified Representative may issue a PIN only:
- In respect to the mine which the SHR was elected.
- If within a scheme, the mine employs a member of the scheme that elected the SHR.
(d) A person issued with a PIN, the Principal Employer or Mine Manager may in writing request the PIN to be reviewed by an Inspector.
