Damien MEM 2025 Flashcards
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 of a mine site must ensure the following occurs before a worker commences work at the mine site—
(a) the worker is given a summary of the safety management system for the mine site that is relevant to the worker’s work at the mine
(b) the worker is informed of the right to see the documented safety management system for the mine
(c) the worker is given a summary of each principal hazard management plan prepared under section 28 that relates to the risks that may arise during the worker’s work at the mine site,
(d) the worker is informed of the right to see a principal hazard management plan prepared under section 28.
(2) The operator must ensure the documented safety management system is available on request to a worker at the mine or petroleum site.
(3) The operator of a mine site must ensure the following plans, are readily accessible
each principal control plan and emergency plan
(4) If the safety management system is revised under section 22, the operator must, ensure a worker at the mine site is made aware of the revision
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
