Damien MEM 2025 Flashcards
(24 cards)
WHS M&P Regulations Section 88 Inspection Plan
- Mine operator must ensure an inspection plan is prepared
- Inspections are to be carried out in accordance with this section and the plan
- The mine is divided into Inspection areas, each being an area of size no larger than that which may be able to be inspected by a competent person in a timely manner
- A production area is identified for each area of the mine at which coal is extracted that includes - areas where drilling is carried out and areas where haul roads, roads and stockpiles are being used.
- Mining Supervisors carrying out inspections being able to raise concerns around the size and ability to inspect
- Safety concerns (risks) are relayed to those affected as well as the relevant manager
- How a senior manager is notified of that safety issue and any remedial work taken
- Any concerns with the action taken by the (one up manager) are taken to the manager
- For areas where mining operations are occurring minimum of one inspection per shift
- The higher the risk, the more frequent inspections
- For production areas, inspection completed by mining supervisor
- For other area (non-production areas) a competent person
- Production areas to be inspected prior to workers entering work areas
- Workers are permitted to inspect their areas of work prior and during
WHS M&P Act 51 Regulator Makes Stop Work Order
(1) The regulator may make an order (a stop work order) requiring a PCBU at a mine to stop any activity at any place specified in the order.
(2) A stop work order may also require the PCBU to carry out any activity that the regulator considers to be necessary to ensure that the place to which the order relates is made safe.
(3) The regulator may make a stop work order only if the regulator reasonably believes that the making of the order is necessary to prevent a serious risk to the health or safety of any person.
(4) If a stop work order requires an activity to be carried out it must specify a time within which the activity is to be carried out.
(5) The regulator is not required to notify any person before making a stop work order.
(6) A copy of the stop work order must be given to the PCBU
(7) The PCBU must give a copy of the stop work order to the relevant mine operator (unless that person is the mine operator).
(8) A stop work order takes effect when the PCBU is first notified by the regulator that the order has been made
(9) A stop work order remains in force for the time specified in the order, being no more than 28 days.
(10) The regulator may revoke a stop work order if the regulator is satisfied that the order is no longer necessary to prevent a serious risk to the health or safety of any person.
(11) The regulator must, immediately after making a stop work order, consult with the PCBU to determine whether the person seeks any modifications to the order.
(12) A stop work order is modified by substituting a new order made in accordance with this section.
(13) More than one stop work order may be made under this section in relation to the same person and the same activity even if the orders together have effect for a period of more than 28 days.
WHS M&P Act Notice of Concerns
A government official (other than an investigator) must give written notice to a mine operator of the following matters if the government official becomes aware of the matter in the exercise of his or her functions at the mine site—
(a) any matter that the government official considers to be relevant to the continued safe operation of the mine or petroleum site,
(b) any matter that the government official considers to be relevant to the health and safety of workers at the mine or petroleum site.
WHS M&P Regulations Section 31 Communication Between Shifts
The operator of a mine site at which more than one shift is worked each day must implement a system that ensures
(a) the supervisor of each outgoing shift provides a written report to the supervisor of the incoming shift in relation to the following—
mine workings, state of plant and any health and safety matters
(b) the supervisor of the outgoing shift— gives a written acknowledgment to the supervisor of the incoming shift the accuracy of the report, and signs the report
(c) the supervisor of the incoming shift communicates the content of the report to the workers on the incoming shift
(d) the supervisor of the incoming shift - gives a written acknowledgment to the supervisor of the outgoing shift that the content of the report has been communicated to workers on the incoming shift, and signs report for acknowledgement
WHS M&P Regulations Section 32 Movement of Mobile Plant
(1) the design, layout, construction and maintenance of all roads and other areas at the mine site used by mobile plant, including the drainage system for the road or area,
(2) risks associated with the terrain or nature of land adjacent to the road or area,
(3) interactions between mobile plant, especially between large and small mobile plant,
(4) interactions between mobile plant and fixed plant or structures,
(5) interactions between mobile plant and pedestrians, including the use of pre-movement warnings for mobile plant in mine site workings,
(6) the operation of remotely controlled mobile plant,
(7) the maintenance, testing and inspection of brakes, steering, lights and other safety features of the mobile plant.
WHS M&P Regulations Section 33 Explosives and Explosive Precursors
In managing risks to health and safety associated with explosives and explosive precursors at the mine site, the operator must—
(a) ensure explosives and explosive precursors to be used at the mine site are—
(i) safe to handle
(ii) fit for their intended use
(iii) as insensitive as reasonably practicable to shock, sparks, friction and the environment in which they will be stored, transported and used
(iv) as far as reasonably practicable, simple to store, use, transport and control
(b) ensure dealing with an explosive or explosive precursor at the mine or complies with the Explosives Act 2003 and Australian Standard AS 2187Explosives—Storage, transport and use
WHS M&P Regulations Section 35 Notification of High-Risk Activities
The operator of a mine or petroleum site must ensure a high-risk activity identified in Schedule 3 is not carried out at or in relation to the mine or petroleum site unless—
(a) the operator has given notice of the activity to the regulator
(b) the waiting period specified in Schedule 3 in relation to the activity has lapsed, subject to—
(i) a waiver or reduction of the period
(ii) an extension of the period
(c) the activity is carried out in the way specified in the notice, or in the notice as amended
(2) The notice must be given in the approved way and form and must include the following—
(a) the nature of the proposed high risk activity, including particulars of how the activity must be carried out,
(b) the proposed commencement date for the activity,
(c) the location of the activity,
(d) information or documents required by Schedule 3 in relation to the activity,
(e) the hazards identified as having the potential to arise from the activity,
(f) an assessment of the risks associated with the activity,
(g) the relevant parts of the safety management system for the mine or petroleum site that describe the systems, procedures, plans and other control measures that will be used to control risks to health and safety associated with the carrying out of the activity.
(3) The operator of a coal mine must ensure a copy of a notice given to the regulator under this section, including under subsection (8), is also given, as soon as reasonably practicable, to an industry safety and health representative and a site safety and health representative for the mine.
(4) If the regulator reasonably believes a notice about a proposed high risk activity is inadequate, the regulator may inform the operator by a written notice that—
(a) the notice given to the regulator is inadequate, and
(b) the notice must be resubmitted before the high risk activity can be carried out.
(5) A notice to the regulator is—
(a) taken to have been given when it is received by the regulator, or
(b) if the regulator informs an operator of a mine site that the notice is inadequate -taken not to have been given.
(6) The regulator may waive or reduce the waiting period in relation to a particular high-risk activity.
(7) A waiver or reduction under subsection (6) may only occur in relation to a coal mine if the industry safety and health representative who has been notified of the activity is consulted by the regulator in relation to the proposed waiver or reduction.
(8) A notice given to the regulator under this section may be amended by the operator giving further written notice to the regulator.
(9) The giving of a further notice under subclause (8) does not cause the waiting period to change unless the regulator extends the waiting period by a reasonable time to allow the regulator time to consider the notice as amended.
(10) Nothing in this section affects an obligation that a person may have under the WHS laws in relation to the carrying out of a high risk activity.
WHS M&P Regulations Section 40 Temperature and Moisture Content of Air
Manage risks to health and safety associated with extremes of either or both the temperature and moisture content of air
WHS M&P Regulations Section 41 Ensuring Exposure for Dust, Diesel and Carbon Dioxide not Exceeded
The operator of a mine or petroleum site must—
(a) as far as reasonably practicable, minimise the exposure of persons at the mine or petroleum site to dust and diesel particulate matter, and
(b) ensure no person at the mine or petroleum site is exposed to 8-hour time-weighted average atmospheric concentrations of airborne dust and diesel particulate matter that is more than—
(i) for respirable dust - 1.5mg per cubic metre of air
(ii) for inhalable dust—10mg per cubic metre of air
(iii) for diesel particulate matter—0.1mg per cubic metre
WHS M&P Regulations Section 106 Duty to Inform Workers about SMS
The operator must ensure the following occurs before a worker commences work
(a) the worker is given a summary of the SMS
(b) the worker is informed of the right to see the documented SMS
(c) the worker is given a summary of each PHMP prepared under section 28
(d) the worker is informed of the right to see a copy of each PHMP
(2) The operator must ensure the documented SMS is available on request
(3) The operator must ensure each PCP and emergency plan are readily accessible
(4) If the SMS is revised under section 22, the operator must ensure workers are made aware
WHS Act Section 18 - What is reasonably practicable in ensuring health and safety
Reasonably able to be done, taking into account
1. The likelihood of the hazard or risk
2. The degree of harm that might result
3. What the person knows or ought to reasonably know about
a. The hazard or risk
b. Ways of eliminating the risk
4. The availability or suitability of ways to minimize the risk
5. The cost associated with minimizing the risk
WHS Act Section 19 – Primary Duty of Care
- A PCBU must ensure the health & safety of:
a. Workers engaged, or cause to be engaged by the person
b. Workers whose activities are influenced by the person - A PCBU must ensure the health & safety of other persons is not put at risk from work carried out
- A PCBU must ensure
a. The provision and maintenance of a work environment without risks
b. The provision and maintenance of safe plant and structures
c. The provisions and maintenance of safe systems of work
d. The safe use, handling and storage of plant, structure and substances
e. The provision of facilities for the welfare of workers
f. The provision of information, training, instruction or supervision that is necessary
g. That the health of workers and conditions at the workplace are monitored for the purpose of preventing illness or injury of workers
WHS (Mines) Regulation Section 39 – Inspections
- The operator must ensure that arrangements are in place for the regular inspection of the working environment
- The operator must ensure that the following are taken into account:
a. The procedures for conducting inspection
b. When inspections are to be carried out
c. The persons competent to conduct inspections
d. The number of competent people required to conduct each inspection - The Operator must ensure a risk assessment is conducted on all areas of the mine when taking into account the matters in (2)
WHS Regulation Clause 35 – Managing risk to Health & Safety
- A Duty Holder, in managing risks, must:
a. Eliminate risks to health & Safety so far is reasonably practicable, and
b. If it is not reasonably practicable, minimize those risks
WHS Regulation Clause 36 – Hierarchy of Control measures
- If it is not reasonably practicable to eliminate the risks to health & safety, risk control measures must be implemented
- The Duty Holder must minimize risks by doing 1 or more of the following
a. Substituting the hazard to something with a lesser risk
b. Isolating the hazard from the person exposed to it
c. Implementing engineering control measures - If a risk remains, the duty holder must minimize the risk by implementing administrative controls
- If a risk remains, the duty holder must minimize the risk by ensuring the use of suitable PPE
WHS (Mines) Regulations Section 107 - Duty to provide information, instruction and training
(1) This section applies in addition to the WHS Regulations, clause 39.
(2) The operator must ensure each worker is provided with suitable and adequate information, training and instruction in relation to the following—
(a) hazards associated with the work being carried out by the worker,
(b) the implementation of control measures relating to the work being carried out by the worker, including control measures in relation to fatigue, the consumption of alcohol and the use of drugs,
(c) the content and implementation of the relevant parts of the SMS
(d) the emergency plan
(e) the safety role for workers implemented under section 114.
(3) A PCBU must ensure each worker engaged by the person is trained, and is competent, in basic risk management techniques
WHS (Mines) Regulations Section 114 Safety Role for workers in relation to principal hazards
The operator must implement a safety role for the workers that enables the workers to contribute to—
(a) the identification under section 27 of principal hazards that are relevant to the work the workers are or will be carrying out, and
(b) the consideration of control measures for risks associated with principal hazards at the mine and
(c) the consideration of control measures for risks to be managed under principal control plans, and
(d) the conduct of a review under section 29.
WHS (Mines) regulations Section 115 Duty to consult with workers
For the WHS Act, section 49(f), the operator must consult with workers in relation to the following—
(a) developing, implementing and reviewing the safety management system for the mine
(b) conducting risk assessments for principal hazard management plans,
(c) conducting risk assessments for principal control plans,
(d) preparing, testing and reviewing the emergency plan for the mine site,
(e) implementing the workers’ safety role under section 114,
(f) developing and implementing strategies to protect persons at the mine or petroleum site from a risk to health and safety arising from the following—
(i) the consumption of alcohol or use of drugs by a person,
(ii) worker fatigue.
Schedule 7 Emergency Plans
1. Site and hazard Details
Site and hazard details
(1) The location of the mine, including its street address and the nearest intersection.
(2) The current survey or mine plan.
(3) A brief description of the nature of the mine and mining operations.
(4) The maximum number of persons, including workers, likely to be present at the mine site on a normal working day.
(5) The emergency response control planning assumptions for different emergencies, and likely areas affected.
(6) The protective resources available to control an incident that could result in an emergency.
(7) The emergency response procedures, including procedures for isolating areas of the mine or petroleum site in an emergency.
(8) The infrastructure likely to be affected by an emergency.
Schedule 7 Emergency Plans
2. Command structure and site personnel
Command structure and site personnel
(1) The command philosophy and structure to be activated in an emergency, so that it is clear what actions will be taken, who will take these actions and how, when and where they will be taken.
(2) Details of the person who can clarify the content of the emergency response control plan if necessary.
(3) The contact details of, and the way to contact, the persons at the mine or petroleum site responsible for liaising with emergency services.
(4) A list of 24-hour emergency contacts.
(5) Arrangements for assisting emergency services.
Schedule 7 Emergency Plans
3, Notifications
Notifications
(1) In the event of the occurrence of a notifiable incident, or an event that could reasonably be expected to lead to a notifiable incident, the procedures for notifying—
(a) a person whose health or safety may be affected, even if—
(i) the person is located underground, or
(ii) there is no electrical power that can be used for the notification, and
(b) the emergency services in circumstances where emergency services are required.
(2) On-site and off-site warning systems.
(3) Contact details for emergency services and other support services that can assist in providing resources and implementing evacuation plans in an emergency.
(4) On-site communication systems.
Schedule 7 Emergency Plans
4. Resources and Equipment
Resources and equipment
(1) On-site emergency resources, including the following—
(a) first aid equipment, facilities, services and personnel,
(b) emergency equipment and personnel, including—
(i) suitable personal protective equipment, and
(ii) adequate and compatible firefighting equipment such as foam generators,
(c) gas detectors, wind velocity detectors, sand, lime, neutralising agents, absorbents, spill bins and decontamination equipment, where applicable.
(2) Off-site emergency resources, including arrangements for obtaining additional external resources, specific to the likely incidents, including mines rescue services, as necessary.
(3) For a mine, arrangements for mines rescue that state the following—
(a) the minimum mines rescue training to be provided,
(b) an arrangement for the mine operator and mine operator of a mine in the vicinity to assist each other in an emergency,
(c) how inertisation equipment must be used,
(d) the procedures to be followed in carrying out mines rescue.
Schedule 7 Emergency Plans
5. Procedures
Procedures
(1) Procedures for the safe evacuation of, and accounting for, all persons at the mine or petroleum site.
(2) Procedures and control points for utilities, including gas, water and electricity.
(3) For a mine, procedures if the ventilation system were to fail in all or part of the mine for more than 30 minutes.
(4) Procedures for fighting fires at the mine and details of the persons having the competency to fight fires and to train others in firefighting.
(5) For a mine, procedures for safely inserting inertisation equipment.
