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Open Cut Examiner 2020 > Legislation > Flashcards

Legislation Flashcards

1
Q

What legislation is applicable to NSW Coal Mines

A
  • NSW WHS Act 2011 No.10
  • NSW WHS Regulations 2011 No.674
  • WHS Mines and Petroleum Act 2013 No.54
  • WHS Mines and Petroleum Regulations 2019 No. 648
  • Explosives Act 2003 No.39
  • Explosives Regulation 2013 No.476
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2
Q

What is the purpose of the WHS Legislation

A

WHS Act and Regulations primary purpose:

  • A uniform nation-wide set of OHS laws
  • Ensure safety by controlling risk to workers
  • Provides for consultation with the workers
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3
Q

b) List the one WHSA Section and five WH&S clauses that cover what is necessary to manage risks?

A
  • NSW WHS Act 2011 No.10 Part 2 Sect 17 – Management of Risk

NSW WHS Regulations 2011 No.674 Chapter 3(f)

  • Cl.34 – Duty to identify hazards,
  • Cl.35 – Managing risks to health and safety,
  • Cl.36 – Hierarchy of control measures,
  • Cl.37 – Maintenance of control measures,
  • Cl.38 – Review of control measures
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4
Q

Notifiable Incident Clauses?

A
  • WHS(MPS) Act 2013 Cl.14 – What is Notifiable Incident
  • WHS(MPS) Act 2013 Cl.15 – Duty to Notify of Notifiable incident
  • WHS(MPS) Act 2013 Cl.16 – Notifiable incident at a coal mine
  • WHS(MPS) Act 2013 Cl.17 – Duty to Preserve incident Site
  • WHS(MPS) 2019 Cl.128 – Duty to Notify
  • WHS(MPS) 2019 Cl.178 – Serious Injury or Illness
  • WHS(MPS) 2019 Cl.179 – Dangerous Incidents
  • WHS(MPS) 2019 Schedule 8 – Information to be included in notification of Cl.128 Incident
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5
Q

Safety Management Systems - WHS(MPS) Regulations 2019 Cl.13 – Duty to Establish and Implement SMS:

A

WHS(MPS) Regulations Cl.13 - Duty to Establish SMS

  • Operator must establish and implement SMS
  • No mining until SMS in place
  • SMS to form part of overall management system
  • SMS designed to ensure health and safety so far as reasonably practical
  • Must have regard for nature, location & complexity of operations
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6
Q

WHS(MPS) Regulations Cl.20

A

WHS(MPS) Regulations Cl.20 Duty to Provide Information to Contractors:

The operator must ensure that a contractor who is to carry out work at the mine is given all relevant information and access to the mine site to enable the contractor to identify any risks associated with the proposed operations.

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7
Q

When is consultation required?

A
  • *WHSA Sec 49 When Consultation is Required**
    a) Identifying hazards & assessing risks to health and safety
    b) decisions when eliminating/minimising risk
    c) decisions about the adequacy of facilities
    d) proposing changes that may affect health and safety
    e) decisions about consultation, Health and Safety issues, health monitoring, monitoring conditions ,providing information and training
    f) activities prescribed by the regulator
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8
Q

What are the duties of workers?

A

WHSA Sec 28 Duties of Workers
While at work a worker must:
a) take reasonable care for their own health and safety
b) take reasonable care that their acts/omissions don’t adversely affect
the health and safety of others
c) comply with any reasonable instruction
d) cooperate with any policy or procedure

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9
Q

What is WHS(MPS) Regulations Cl.128

A

WHS(MPS) Regulations Cl 128 Duty to Notify the Regulator of Certain Incidents

The operator of the mine must take all reasonable steps to notify the regulator after becoming aware of an incident (other than notifiable), but only if,

  1. The incident results in a serious injury or illness that requires medical treatment
  2. Is a high potential incident
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10
Q

What is a high potential incident?

A
  1. An incident referred to in Clause 179 that would have been a dangerous incident if a person were reasonably in the vicinity at the time when the incident or event occurred and in usual circumstance a person could have been in the vicinity.
    e) The burial of machinery such that it cannot be recovered under its own tractive efforts
    j) A misfire or unplanned explosion of an explosive or explosive precursor (but not in the case of a misfire at a mine or petroleum site other than a coal mine if the misfired explosive can be fired without any significant risk to a person),
    k) an unplanned event that causes the emergency evacuation of more than one person from the mine or part of the mine
    (n) an injury to a person resulting in the person being unfit for duties for at least 7 days,
    (o) the illness of a person, related to a work process, that results in or is likely to result in the person being unfit for duties, for a continuous period of at least 7 days,
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11
Q

Nertney Wheel Elements?

A
  • Competent Persons
  • Fit For Purpose Equipment
  • Safe Work Procedures
  • Safe Work Environment
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12
Q

What is WHS(MPS) Regulations Clause 13?

A

WHS(MPS) Regulations Cl.13 - Duty to Establish SMS

  • Operator must establish and implement SMS
  • No mining until SMS in place
  • SMS to form part of overall management system
  • SMS designed to ensure health and safety so far as reasonably practical
  • Must have regard for nature, location & complexity of operations
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13
Q

WHS (MPS) Act Section 15?

A

WHS (MPS)Act Section 15 – Duty to notify of notifiable incident

A mine or PCBU must notify the department of any notifiable incident as soon as made aware of occurrence.

The notice must be given by phone or in writing (email, fax). Written confirmation must be provided to the department within 48 hours in a form approved by the regulator.

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14
Q

WHS (MPS) Act Section 16?

A

WHS(MPS) Act Section 16 Notifiable Incident at a coal mine

A mine that notifies the department of any notifiable incident must also notify an industry health and safety representative in the same manner.

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15
Q

WHS (MPS) Act Section 17?

A

WHS (MPS) Act Section 17 - Duty to preserve incident site

Any person who is required to give notice of a notifiable incident must ensure that the site remains undisturbed until either an inspector arrives or if given permission to do so. This does not however prevent any action to make the

  1. To assist an injured person,
  2. To remove a deceased person,
  3. That is essential to make the incident site safe or to minimise the risk of further notifiable incident,
  4. That is associated with a police investigation,
  5. For which an inspector has given permission,
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16
Q

Fitness For Work Clauses?

A

WHS(MPS) Regulations Cl.43 - Fatigue

  • In complying with Clause 9, The operator of a mine must manage risks to health and safety associated with worker fatigue.

WHS(MPS) Regulations Cl.44 – Alcohol and Drugs

  1. In complying with Clause 9. The operator of a mine must manage the risks to health and safety associated with the consumption of alcohol by workers.
  2. In Complying with Clause 9, The operator must manage the risks to health and safety associated with the consumption of drugs by workers.
17
Q

What is a Principal Control Plan?

A

Any plan required under Clause 26 of the WHS(MPS) Regulations.

They Are:

  • Health Control Plan
  • Mechanical Engineering Plan
  • Electrical Engineering Plan
  • Explosives Control Plan

AND:

Under Clause 88 of the WHS(MPS) Regulations:

  • Emergency Response Control Plan
18
Q

A Principal Hazard Management Plan Must?

A

WHS(MPS) Regulations 2019 Cl.24(3):

a) Describe the nature of the principal hazard
b) Describe how the hazard relates to other hazards
c) Describe the method used to identify the principal hazard
d) Include the latest risk assessment
e) Describe the method used to determine the controls
f) Describe all the control measures to be implemented
g) Describe the arrangements in place for providing information and training
h) Refer to any design principals, engineering and technical standards relied on for control measures
i) Set out the reasons for adopting or rejecting each control

19
Q

What Is a Principal Hazard Management Plan?

A

Any plan required under WHS(MPS) Regulations 2019 Cl.24 – Preparation of a Hazard Management Plan.

It must:

Cl.24(2):

a) Provide for the management of all aspects of risk control in relation to the principal hazard, and
b) SFAIRP be set out in a manner easily understandable for those who use it.

20
Q

What Is a Principal Hazard?

A

A Principal hazard is any hazard that has the potential to result in multiple deaths in a single incident or a series of recurring incidents in relation to:

  • Ground or strata failure
  • Inrush of any substance
  • Spontaneous Combustion
  • Roads or Other Vehicle Operating Areas
  • Air Quality, Dust or airborne contaminants
  • Fire or Explosion
  • A hazard identified under WHS Regs Cl.34
21
Q

What is WHS(MPS) Regulations Cl.14?

A

WHS(MPS) Regulations Cl.14 - Contents of a Safety Management System

  • Health and safety Policy
  • Health Monitoring
  • Inspection
  • Inductions
  • Information, training & instruction
  • Incidents & emergencies
  • Consultation
  • Communication across shifts
  • Contractor management
  • Risk management
  • Resources to implement SMS
  • Record keeping
  • Supervision
  • Safety role for workers
  • Specific controls
  • PHMP
  • PCP
  • Withdrawal conditions
  • Performance standards & audits
  • Management structure
  • Emergency plan
22
Q

WHS(MPS) Act Section 29?

A

WHS(MPS Act Section 29 - Functions of an ISHR

  • Act for the work group comprised of all workers at all mines
  • Review the content and implementation of the SMS
  • Participate in the investigations of occurrences and incidents
  • Assist in the training of SSHR’s and ESHR’s
  • May enter any part of the mine at any time after giving reasonable notice, or in the event of a serious incident or serious risk from an immediate or imminent exposure to a hazard
23
Q

What is WHS(MPS) Regulations Cl.179?

A

Cl 179 Dangerous Incidents:

An incident that exposes a worker or any other person to a risk from immediate or imminent exposure to,

  1. An uncontrolled escape, spillage or leakage of a substance, or
  2. An uncontrolled implosion, explosion or fire. Or
  3. An uncontrolled escape of gas or steam, or
  4. An uncontrolled escape of a pressurised substance, or
  5. The fall or release from height of any plant, substance or thing, or
  6. The collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised within the meaning of part 4 of the WHS Act, or
  7. The collapse or partial collapse of a structure, or
  8. The collapse of failure of an excavation or of any shoring supporting an excavation, or
  9. The inrush of water, mud or gas in workings at an underground excavation or tunnel, or
  10. UG
  11. The loss of control of heavy earthmoving machinery (including any failure of braking or steering), or
  12. The unintended activation, movement, or failure to stop of vehicles or machinery, or
  13. A collision involving a vehicle or mobile plant, or
  14. UG
  15. Damage to any plant or structure, or
  16. A failure of ground or slope stability control measures, or
  17. A vehicle or plant making contact with an energised source having a voltage greater than 1,200 Volts (other than testing equipment applied to energised equipment in accordance with the WHS Regulations), or
  18. Spontaneous combustion at a coal mine
24
Q

What is WHS Regulations Cl.36?

A

WHS Regulations Cl,36 - Hierarchy of Control Measures

If a duty holder cannot Eliminate risk they must minimise the risk SFAIRP, by using 1 or more of the following controls:

  • Substitution
  • Isolation
  • Engineering
  • Administration
  • PPE
25
Q

When is a PCBU required to have a safety committee?

A

WHS Act Sec 75 Health and Safety Committees

  • Within 2 months after being requested to do so by the Health and Safety representative
  • When there are 5 or more workers in the workplace
  • May establish one under their own initiative
26
Q

What is the statutory function of an Open Cut Examiner?

A

_WHS(MPS) Regs Sch 10 Statutory Functions at Coal Mines
Cl 18 Open Cut Examiner:_

The statutory function of an Open Cut Examiner is to supervise workers and inspect work areas of the mine.

27
Q

What is WHS(MPS) Regulations Cl.09?

A

WHS(MPS) Cl.09 - Management of Risks to Health & Safety

  • A PCBU must manage manage risks to health and safety
  • A PCBU must ensure a risk assessment is conducted by a competent person

Risk assesment must have regard to:

  • Nature of the hazard, and
  • Liklihood of the hazard affecting health and safety, and
  • The severity of potential consequences

A PCBU must keep a record of:

  • Each risk assesment conducted and who by, and
  • The control Measures implemented to eliminate or minimise any risks identified
28
Q

What is WHS(MPS) Regulations Cl.27

A

WHSMR Cl 27 Communication Between Outgoing and Oncoming Shifts

The operator at mine that one or more shift is worked each day must;

  • a) the outgoing supervisor provide a written report the oncoming supervisor in relation to the state of the workings and any matters that relate to WH&S
  • b) The supervisor of the outgoing shift acknowledges and signs the accuracy of the report
  • c) The oncoming supervisor communicates the content of the report to the workers
  • d) The supervisor of the oncoming shift acknowledges in writing that the contents of the report has been communicated to oncoming workers
29
Q
A

Open Cut Examiner 2020 (1 decks)

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