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OCE Legislation Flashcards

1
Q

Pollution Incident Response Management Plan (PIRMP)

A

“An event that can be cause material harm to the environment”
Material harm;
Impact on humans and/or the environment that is not trivial
PIRMP is tested every 12 months or after an event

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2
Q

What are the “Duties of the Regulator”

A

WHS Act Sec 152 Functions of the Regulator
• Monitor and enforce compliance
• Educate and train
• Promote public awareness
• Provide information to duty holders
• Conduct and defend legal proceeding’s
• Collect, analyse and publish statistics

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3
Q

WHSMPS Regs Cl 14 Management of Risks to H & S

A

Cl 14 Management of Risks to Health & Safety
Must manage risks
Must ensure a risk assessment is done by competent person
Have regard to severity, consequence
Keep a record
Control measures identified

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4
Q

WHS MPS Regs Cl 15 Review of Control Measures

A

Review of Control measures
- Audit of the SMS finds a deficiency
- A worker is removed form a hazard due to health
monitoring
- A cl 124 incident occurs
- Any incident notified to the regulator

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5
Q

WHSMPS Regs cl 18 Duty to Establish a SMS

A

CL 18 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

WHSMPS Regs CL 19 Contents of a SMS

A

Contents of a Safety Management System
21 Parts
* 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
~~~

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7
Q

WHSMPS Cl 20 Duty to Provide information to Contractor

A

Cl 20 Duty to Provide Information to Contractor
The operator of the mine must give the contractor all relevant information and access to enable them to identify any hazards

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8
Q

WHSMPS Regs Cl 22 Review of SMS

A

Review of SMS
- within 1 year of commencement of mining
- Review SMS if a control is revised under WHS Regs Cl
38 or WHS MPS Cl 15

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9
Q

WHSMPS Cl 26 Contractor to Prepare plan or use SMS

A

Cl 26 Contractor to Prepare plan or Use SMS
Must not carry out mining operations unless:
Contractor has H&S plan and has provided a copy to the operator
Has obtained written notice from the operator and approved for site
AFARP implemented the plan, or
Has reviewed the relevant parts of the mines SMS
Has given the operator written notice they have conducted a reviewand is of the opinion the contractor SMS is consistent and in accordance with Cl 19

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10
Q

WHS MPS Regs Cl 29

A

Review of PHMP

  • Review required if controls revised under WHS Regs Cl 38 or WHS MPS Cl 15
  • Must be documented in the plan
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11
Q

WHSMPS Regs Cl 30

A 
Principal Control Plans
Health Control plan
Mechanical Engineering Control Plan
Electrical Engineering Control Plan
Explosives Control Plan
Emergency Plan
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12
Q

WHSMPS Regs Cl 31 Communication between outgoing and oncoming shifts

A

WHSMR Cl 31 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

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13
Q

WHSMPS Regs Cl 32

A

Cl 32 Movement of Mobile Plant
Risks to health & safety associated with mobile plant must be managed
Design ,layout, construction, maintenance, terrain, adjacent land interaction between mobile plant & light vehicles, structures & persons must be managed.
Maintenance & testing of mobile plant

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14
Q

WHSMPS Regs Cl 33

A

Cl 33 Explosives and Explosive Pre Cursors

Comply with WHSMR Cl 9 manage risks with explosives and explosive pre-cursors
Safe to handle
Fit for intended use
As insensitive ARP to shock, spark, friction and the environment in which they are stored, transported and used
Simple to store, use, transport and control
Comply with explosives act 2003 and AS 2187 Explosive Storage Transport and Use

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15
Q

WHS MPS Regs Cl 37

A

Inspections

  • Must ensure arrangements are in place for the regular inspection of the work environment
  • Must take into account -
    • procedures for inspections
    • when inspections are to be carried out
    • competent persons
    • number of competent persons required
  • Risk assessment must be carried out for all inspection areas
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16
Q

WHS MPS Regs Cl 38

A

Review of Control Measures

  • If a control doesn’t adequately control the risk
  • If a change in the workplace introduces new risks
  • A H&S rep requests a review if
    • a change occurs
    • Duty holder hasn’t reviewed controls adequately
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17
Q

WHS MPS Regs Cl 39

A

Exposure Standards (Feb 2021)

  • Inhalable dust 10mgm3
  • Respirable dust (coal mine) 1.5mgm3
  • Diesel particulates 0.1mgm3
  • Respirable quartz/silica 0.05mgm3
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18
Q

WHS MPS cl 45

A

Cl 45 Fitness for work

The operator of the mine must manage risks to heath & safety associated

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19
Q

WHS MPS Regs Cl 124

A

Cl 124 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,
o The incident results in a serious injury or illness that requires medical treatment (cl 13 sch 9)
o Is a high potential incident
* Notification must also be made to the ISHR
* Notification must be made no later than 7 days, or 48hrs if there was an injury or illness
* Notification must be in writing, in a form requested by the regulator, details as specified in schedule 8, if there was an injury or illness
* A high potential incident means
o An event in cl179, where a person could have reasonably been in the vicinity at the time
o Misfires or unplanned explosions
o Unplanned events resulting in the evacuation of more than 1 person
o Injury or illness likely to result in more than 7 days lost time – includes fractures
o Detection of atmospheric concentration of respirable dust that exceed the level specified
o Fire on mobile plant incl autonomous and remote
o Loss of control of autonomous or remote HME
o Spon com

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20
Q

WHS MPS Cl 125

A

Duty to Notify Regulator of Other Matters

  • Commencement of mining operations
  • Commencement if intermittent mining
  • Connection of electricity if no Stat Electrical Engineer
  • Closure of mine
  • Recommencement of normal activities
  • Significant interruption or suspension of mining
21
Q

WHS MPS Cl 129

A

Mine Record
- Operator must keep a record
- Any notices issued under WHS ACT Part 10
(enforcement measures)
- PINS issued
- All incidents notified to the regulator
- All records under WHS MPS Regs Cl 16/17 (risk
management)
- Shift reports WHS MPS Regs Cl 31
- First aid treatments

22
Q

WHS MPS Regs Cl 189

A

Cl 189 Serious Injury or Illness
Fracture to a bone (other than hand or foot)
Exposure / Medical treatment within 48hrs of exposure
Immediate treatment as an inpatient in hospital
Loss of bodily function
Degloving/scalping
Amputation
Serious head injury
Serious eye injury
Serious burn
Serious Laceration
Spinal injury

23
Q

WHS(MPS) Regs Cl 190

A

Cl 190 Dangerous Incidents 20 Parts
An incident that exposes a worker or any other person to a risk from immediate or imminent exposure to;
- Collapse, overturning or damage to authorised plant
- Collapse or partial collapse of a structure
- Collapse of an excavation shoring
- Collision
- Contact with energised sources greater than 1200v
- Damage to any plant or structure
- Escape, spillage or leakage of a substance
- Escape of gas or steam
- Escape of a pressurized substance
- Electric shock
- Ejection of blasting rock outside the exclusion zone
- Failure of slope stability
- Fall or release form height of plant, substance or thing
- Implosion, explosion or fire
- Inrush of water, mud or gas into excavation or tunnel
- Loss of control of HE including Brake and Steering
- Overturning of plant or equipment weighing more than 1000kg
- Subsidence
- Spon com
- Unintended activation or failure to stop of vehicles or machinery*

24
Q

WHS MPS Sch 9 Cl 13

A

Definition of a Medical Treatment Injury
4 Parts
- Suturing of a wound
- Treatment of fractures
- The treatment of bruises by the drainage of blood
- the treatment of second and third degree burns

25
What are the training requirements for a mine safety and health representative?
WHS(MPS) Act Sec 45 Training of Mine Safety and Health Reps WHS(MPS) Regs Cl 172 Qualifications of Safety and Health Representatives Must undertake a course of training that is accredited by the regulator Must undertake the course as soon as practical after election Course content must be of relevant material Must be delivered by a person competent in the course (knowledge/ experience) Permitted to take time off to attend the course without loss of pay 1-day refresher every 12 months
26
When is consultation required?
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, h&s issues, health monitoring, monitoring conditions ,providing information and training f) activities prescribed by the regulator
27
What are the duties of workers?
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
28
WHS Regulations Cl 44
Cl 44 Provision to Workers and Use of PPE The PCBU must provide PPE to workers unless te PPE has been provided by another PCBU PPE must be: suitable fro the nature of the work suitable size and fit clean and hygienic in good working order maintained PCBU must provide training in the proper use, storage and maintenance of PPE
29
Explosives Regulation Cl 103
Cl 103 Notification of Serious Incident Involving Explosives or Explosive Precursors • A serious incident means o Uncontrolled explosion or fire o Incident resulting in death, serious injury or substantial damage to property o Any other incident involving risk of uncontrolled explosion, fire, death, injury or damage
30
WHS(MPS)Act Sec 16?
WHSMA Sec 16 Notifiable Incidents at a Coal Mine 1) Notify ISHR 2) In same manner and form as regulator
31
WHS(MPS) Act Sec 29
Sec 29 Functions of an ISHR Act for the work group comprised of all workers 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
32
Offences Related to Inspectors
WHS Act Sec 188 Offence to Hinder or Obstruct Inspectors WHS Act Sec 189 Offence to Impersonate Inspector WHS Act Sec 190 Offence to Assault, Threaten or intimidate Inspector
33
WHS Regulations Cl 36
WHSR Cl 36 Hierarchy of Control Measures If a duty holder cannot Eliminate risk they must minimise the risk AFARP by using 1 or more of the following controls: Substitution Isolation Engineering Administration PPE
34
When is a PCBU required to have a safety committee?
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
35
What is a "notifiable incident"?
WHS(MPS)Act Sec 14 What is a Notifiable Incident a) Death of a person b) Serious illness or injury to a person c) A dangerous incident
36
What is the statutory function of an Open Cut Examiner?
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 Also should - - Conduct physical inspections - Assess hazards and control them - Train and inform on WHS matters - Document information at shift change - Apply the SMS - Organise sufficient and appropriate resources - Apply the emergency plan
37
What is a "Principal Hazard"?
WHSMR Cl 5 Meaning of a Principal Hazard Mining operations that have a reasonable potential to result in multiple deaths in a single incident or a series of recurring incidents in relation to; * Ground or strata failure * Roads or other vehicle operating areas * Airborne contaminants, dust or air quality * Spontaneous combustion * Subsidence * Fire or explosion * Inrush or inundation of any substance * Any hazard identified under WHSR Cl 34
38
WHS(MPS) Act Sec 28
Sec 28 Appointment Of ISHR ISHR is appointed by the minister of resources and energy and mustbe nominated by the CFMEU Must have same training as SSHR before being appointed Must have been/be a HSR, AR, WSEPH, to be ISHR Only 4 x ISHR and must be in writing Revoked if ceases to be an eligible person May be revoked by the minister (comply with act) Review if revoked under Sec 229 WHSA
39
WHS Act Sec 19
Primary Duty of Care A PCBU must SFARP - - provide a work environment without risks to health and safety - provide and maintain safe plant and structures - provide and maintain safe systems of work - provide and maintain adequate facilities - provide information, training and supervision - provide health monitoring
40
WHS Act Sec 18
Reasonably Practical What is reasonably able to be done to ensure health and safety taking into account - - the likelihood of the hazard or risk - the degree of harm - what the person should know about, - the hazard or risk - ways of minimising or eliminating the hazard or risk - whether the cost associated is greatly disproportionate to the hazard or risk
41
Explosives Regulation Cl9
Who can handle explosives - A natural person with a security clearance - A person being instructed by an authorised licence holder - A person handling explosives in a manner authorised by the licence
42
WHS Act Sec 3
Object of the Act - To provide a national framework to secure the health and safety of workers - To eliminate or minimise risk - Fair representation in health and safety - Encourage union and employer cooperation - Effective compliance and enforcement - Continuous improvement
43
Ground and Strata PHMP
WHS MPS Schedule 1 (1) - Characteristic's of the rocks and soil - Design of dumps, stockpiles and emplacement areas - Data, how its collected and interpreted - Existing roads, dumps, stockpiles and infrastructure - Filling, design and types of material - Geotechnical structures - Monitoring of existing controls - Openings, size and geometry - Proposed or existing mining or blasting - Previously excavated or abandoned workings - Scaling procedures and equipment - Stability of dumps and stockpiles - Seismic activity, natural and introduced - Water, how it enters the mine and how it's removed, both ground and surface
44
Air Quality or Dust and Other Airborne Contaminants PHMP
WHS MPS Sch1 (5) - Dust types, both biological, chemical, introduced and natural - including asbestos - Exposure, length of shifts, recovery periods, TWA - Levels of oxygen, dust and other contaminants - Temperature and humidity of air
45
Spontaneous Combustion PHMP
WHS MPS Sch1 (3b) - Current state of adjacent workings - Design of mine - History of spon com - Impact of gas generated - Scientific testing
46
Roads and Other Vehicle Operating Areas PHMP
WHS MPS Sch 1 (4) - Characteristics of mobile plant - Mine design, steep drops/banks adjacent to haul roads - Interaction with - - pedestrians - fixed structures - public traffic - vehicles of different characteristics ( HV-LV) - Road conditions, environmental conditions during operating periods - Road Design, camber, radius, curves, grades, intersections
47
WHS MPS Act Sec 18
Government Officials - Inspector - Mine safety officer - An investigator
48
Fire and Explosion PHMP
WHS MPS Sch 1 (6) Combustible liquids - transport and storage Flammable material - sources with a flashpoint of less than 61 degrees C Firefighting equipment Ignition sources - electricity, spon com, lightening Prevention - types an location of the systems for the early detection and suppression of fires Propogation - potential to propagate to other parts of the mine Substances - sources of both flammable, combustible and explosive, both natural and introduced
49
Inundation and Inrush PHMP
WHS MPS Sch 1 (2) Location - old dams, tailings dams, bodies of water, other workings, emplacement areas and the strength of ground between Potential Sources Inundation - extreme weather, overflow of failure of levees or dam structures Inrush - current or abandoned workings, surface water bodied, aquifers, bore holes, geo weaknesses Potential for accumulation of gas, water or other substances that could flow into old workings Worst possible consequence for each source

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