WHS Mines Act 2013 Flashcards
Part 3 Incident Notification.
Section 14 What is a notifiable incident.
- Death of a person.
- A serious injury or illness.
- A dangerous incident.
Section 15 Duty to notify of notifiable incidents.
- A Mine operator of a mine must ensure the regulator is notified immediately after becoming aware that a notifiable incident at the mine has occurred.
- A PCBU at a mine site must ensure that the regulator is notified immediately after becoming aware that notifiable incident has occurred.
- Notice must be given by the fastest means possible.
- The notice must be given by telephone or in writing.
- A person giving notice by telephone must.
- Give details requested by the regulator.
- Give written notice within 48 hours of giving notice be telephone.
Section 16 Notifiable incidents at a coal mine.
A person who is required to ensure that the regulator is notified of a notifiable incident at a coal mine must also ensure that an industry safety and health representative is given notice of the incident. Notice must be given in the same manner as given to the regulator.
Section 17 Duty to preserve incident sites.
When a notifiable incident has occurred, the incident must not be disturbed until an inspector arrives at the incident site or any earlier time that government officials direct.
It does not prevent any action-
* To assist an injured person.
* To remove a deceased person.
* That is essential to make the incident site safe or to minimise the risk of a further incident.
* That is associated with a police investigation.
* Inspector or the regulator has given permission.
Part 5 Health and Safety Representatives.
Section 28 Appointment of industry Safety and Heath representatives.
Must be an eligible person.
* WHS entry permit holder.
* Has the qualifications prescribed by the regulator.
The minister may appoint an ISHR if.
* They are an eligible person.
* The person is nominated by the CFMEU.
* The minister may appoint a person if there are currently less than 4 ISHR’s.
* Appointment must be in writing.
* Appointment may be revoked if ceases to be an eligible person.
Section 29 Functions of industry safety and health representative.
- Act for the workgroup comprised of all workers at the mine.
- Review the content and implementation of the SMS required by regulations.
- Participate in investigations of notifiable incidents.
- Assist in training of the site HSR and ESHR.
- May enter or inspect a workplace at any time after giving reasonable notice or without giving notice in the event of a serious risk to health and safety or immediate and imminent exposure to a hazard.
- May accompany a government official carrying out an inspection of the mine.
Section 30 Suspending operations.
A industry safety and health representative may give a direction to the mine operator to suspend mining operations if the ISHR is of the opinion.
* There has been a failure to comply with the WHS laws or with any safety management system.
* There is a danger to health and safety of the workers of the coal mine.
The direction must be.
* Be in a form approved by the regulator.
* Identify the mining operations that are to be suspended.
The mine operator who has been given the direction must immediately.
* Comply with the direction.
* Notify the regulator of the giving of the direction.
The ISHR must take all reasonable step to notify the regulator prior to giving the direction but does not have if there is a serious risk to the health and safety emanating from an immediate or imminent danger.
Section 31 Issue of a provisional improvement notice.
- ISHR cannot issue a PIN if the regulator has already issued a stop work order.
- ISHR must as soon as possible after issuing a pin notify the regulator.
Section 32 Delegation of functions to site safety and health representative.
- An ISHR my delegate their functions under sec 30 to a SSHR.
- Must be in writing and a copy given to the SSHR and mine operator.
Section 42 Functions of mine safety and health representative.
- A mine safety and health representative has all the functions of a health and safety representative under the WHS Act for a work group at the mine.
- An electrical safety and health representative may only exercise his or her functions in relation to electrical installations and electrical equipment.
- A mine safety and health representative for a coal mine may observe any formal investigation conducted by or on behalf of the mine operator of an event that must be notified to the regulator.
Part 6 Enforcement measures.
Section 51 Stop work order.
- The regulator may make a stop work order requiring the PCBU at a mine to stop any activity at any place specified in the order.
- The PCBU must carry out any activity the regulator considers to be necessary to ensure that the place to which the order relates is made safe.
- The order may only be placed if the regulator believes the making of the order is necessary to prevent a serious risk to health and safety.
- Cannot be longer then 28days
- The regulator must consult with the PCBU to determine whether the person seeks any modifications to the order.
