Jarah Corporate OCE Go Fish (Set 3) Flashcards
How can obligations be met if no regulation or recognised standard is made?
(Act s.38)
- Choose an appropriate way to discharge the person’s safety & health obligation in relation to the risk.
- Only if the person takes reasonable precautions and exercises due diligence to ensure the obligation is discharged.
What are the obligations of a person generally?
Act s.39
- To comply with the Act and the SHMS.
- Pass on information related to safety & health.
- To take any other reasonable and necessary course of action to ensure anyone is not exposed to an unacceptable level of risk.
- To work in a way that does not expose themselves or others to an unacceptable level of risk.
- That any work activities under their control do not expose themselves or others to an unacceptable level of risk.
- Participant in risk management practices.
- To comply with instructions given for Safety & Health.
- To work at the coal mine only if the worker or person is in a fit condition to carry out the work without affecting the safety and health of others.
- Not to wilfully or recklessly do anything that may adversely affect the safety & health of someone else at the mine.
Which persons have obligations to ensure that the risk to workers at a mine is at an acceptable level?
(Act s.41 & s.42)
- Coal mine operators.
2. SSE.
Under the Act, which person has the obligation to train workers so that they are competent to perform their duties?
(Act s.42(h)
The SSE for a coal mine.
What are the obligations of “erectors and installers of plant” at a mine?
(Act s.45)
To erect and install plant and equipment in a way that is safe and doesn’t expose anyone to an unacceptable level of risk. Nothing about the way the plant is installed, if used properly makes it unsafe.
When is a defence in a proceeding against a person for a contravention of an obligation imposed on the person under division 2 or 3 in relation to a risk?
(Act s.48)
a) If a Regulation has been made about the way to achieve an acceptable level of risk – the person followed the way prescribed in the regulation to prevent the contravention.
b) If a Recognised Standard has been made stating a way or ways to achieve an acceptable level of risk.
i. That the person adopted and followed a stated way to prevent the contravention.
ii. That the person adopted and followed another way that achieved a level of risk that is equal or better that the acceptable level to prevent the contravention.
c) If no Regulation or Recognised Standard prescribes or states a way to discharge the person’s safety and health obligation in relation to the risk – that the person took reasonable precautions and exercised proper diligence to prevent the contravention.
What must a SSE develop and maintain with regards to the management structure for safe operations at a coal mine?
(Act s.55 (1))
a) Develop and maintain a management structure for the coal mine in a way that allows development and implementation of the safety and health management system.
b) Document the management structure.
What must the document for the Management structure state?
Act s.55(2)
a) The responsibilities of the SSE.
b) The responsibilities and competencies required for senior positions in the structure.
c) The names of the persons holding the senior positions and their competencies.
d) The name of the person who is responsible for establishing and implementing a system for managing contractors and service providers at the coal mine.
e) The competencies and responsibilities required, for each other supervisory position at the mine.
What must the Site Senior Executive be sure of before assigning the task of a supervisor to a person?
(Act s.56)
- That the person is competent to perform the task assigned.
- If there is any safety & health competency for supervisors recognised by the committee, that the person has the relevant competency.
When must the Site Senior Executive appoint another competent person to perform the duties of a person who is temporarily absent?
(Act s.58(1))
If the person
a) Is mentioned in the management structure.
b) Actively supervises coal mine workers where there is a risk.
c) Is temporarily absent from duty.
List 5 requirements to be included in the safety and health management system regarding personal fatigue.
(Reg s.42(2))
- Education programs.
- EAP.
- Maximum number of hours to be worked in a shift.
- Number and length of breaks per shift.
- Maximum number of hours worked in a week or roster cycle.
What must the mine’s SHMS provide for regarding medication consumption for persons at the mine?
(Reg s.42 (4)(c))
An obligation of a person to notify the Site Senior Executive for the mine of the person’s current use of medication that could impair the person’s ability to carry out the person’s duties at the mine.
What consultation is required about fitness for work provisions?
(Reg s.42(6A)
The SSE must establish the criteria for assessment in agreement with a majority of coal mine workers at the mine.
How must disagreements about fitness for work assessment criteria be handled?
(Reg s.42(7))
The SSE must make a reasonable attempt to establish the criteria for the assessment in agreement with a majority of workers at the mine.
What arrangement must be made if agreement regarding fitness for work provisions cannot be reached?
(Reg s.42(7A)
If the majority of workers at the mine disagree with the criteria for the assessment, the criteria for assessment stated in a recognised standard apply until an agreement is reached.