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OCE Study 2024 > OCE Legislation > Flashcards

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 Section 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

WHS (MPS) Regs Section 18

A

WHS (MPS) Regs Section 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 provide comprehensive and integrated system for the management of all aspects of risks to
health and safety
Must have regard for nature, location & complexity of operations.

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4
Q

What are the training requirements for a mine safety and health representative?

A

WHS (MPS) Act Section 45 - Training of Mine Safety and Health Reps
WHS (MPS) Regs Section 176 - Training of Mine Safety and Health Representatives

Must undertake a course of training that is accredited by the regulator.
Course must be a minimum of 5 days training.
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.

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5
Q

WHS (MPS) Regs Section 24

A

WHS (MPS) Regs Section 24 - 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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6
Q

When is consultation required?

A

WHS Act Section 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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7
Q

What are the duties of workers?

A

WHS Act Section 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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8
Q

WHS(MPS) Regs Section 124

A

WHS (MPS) Regs Section 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,
* The incident results in a serious injury or illness that requires medical treatment (Sch 9, S12) or
* 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
* If there was an injury or illness - must include details as specified in schedule 8
* A high potential incident means; An event that would have been referred to in Section 190(1), that would have been a dangerous incident if a person were reasonably in the vicinity at the time
* Misfires or unplanned explosions
* Unplanned events resulting in the evacuation of more than 1 person
* Injury or illness likely to result in more than 7 days lost time – includes fractures
* Detection of atmospheric concentration of respirable dust that exceed the level specified
* Person is exposed to an 8-hour time-weighted average atmospheric concentration of carbon dioxide that is more than the amounts specified in section 41(2)(b),
* Person is exposed to an 8-hour time-weighted average atmospheric concentration of crystalline silica that is more than the exposure standard specified in the Workplace Exposure Standards for Airborne Contaminants,
* Fire on mobile plant incl autonomous and remote
* Loss of control of autonomous or remote HME
* Spon com

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9
Q

WHS Regs Clause 44

A

WHS Regs Cl 44 - Provision to Workers and Use of PPE
The PCBU must provide PPE to workers unless the PPE has been provided by another PCBU.
PPE must be:
Used by the worker.
Suitable for the nature of the work.
Suitable size and fit.
Clean and hygienic.
In good working order.
Maintained, repaired or replaced.
PCBU must provide training in the proper use, storage and maintenance of PPE

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10
Q

WHS(MPS) Regs Part 3, Subdivision 2, Section 18

A

Contents of a Safety Management Systems

  1. Health and safety Policy
  2. Health Monitoring
  3. Inspection
  4. Inductions
  5. Information, training & instruction
  6. Incidents & emergencies
  7. Consultation
  8. Communication across shifts
  9. Contractor management
  10. Risk management
  11. Resources to implement SMS
  12. Record keeping
  13. Supervision
  14. Safety roles for workers
  15. Specific controls
  16. PHMP
  17. PCP
  18. Withdrawal conditions
  19. Performance standards & audits
  20. Management structure
  21. Emergency plan
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11
Q

Explosives Regulation Cl 103

A

Explosives Regulation Cl 103 - Notification of Serious Incident Involving Explosives or Explosive Precursors
Must give Regulator notice of any serious incident relating to the handling of any explosives or explosive precursors.
Must include full particulars of incident.
The notice must be given as soon as practicable after becomes aware of the incident.
Notice must be given via electronic communication or by telephone to the regulatory authority, giving such information as may be requested of the caller.
Must preserve scene and not disturb for 36 hours after notice of a serious incident is given. (radius of 4 metres of the place where the serious incident occurred/radius of 4 metres of a place affected by the serious incident)
Does not prevent
a. to help or remove a trapped or injured person or to remove a body, or
b. to avoid injury to a person or damage to property, or
c. for the purposes of any police investigation, or
d. in accordance with a direction or permission of an inspector
A serious incident means
a. Uncontrolled explosion or fire
b. Incident resulting in death, serious injury or substantial damage to property
c. Any other incident involving risk of uncontrolled explosion, fire, death, injury, or damage

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12
Q

WHS (MPS) Act Section 16?

A

WHS (MPS) Act Section 16 - Notifiable Incidents at a Coal Mine

1) Notify ISHR
2) In same manner and form as regulator

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13
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.
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.
May accompany a government official, when carrying
out an inspection of a workplace or part of a workplace at a coal mine.

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14
Q

Offences Related to Inspectors

A

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

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15
Q

WHS (MPS) Regs Section 45

A

WHS (MPS) Regs Section 45 - Fatigue, Alcohol & Drugs
The operator of the mine must manage risks to heath & safety associated with worker fatigue, consumption of alcohol & use drugs by workers

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16
Q

WHS (MPS) Regs Section 33

A

WHS (MPS) Regs Section 33 - Explosives and Explosive Pre Cursors

Comply with WHS (MPS) Regs Section 14; manage risks to health an safety associated with explosives and explosive pre-cursors.
Safe to handle
Fit for intended use
As insensitive as reasonably practical 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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17
Q

WHS (MPS) Regs Section 190

A

WHS (MPS) Regs Section 190 - Dangerous Incidents
An incident that exposes a worker or other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to:
1. uncontrolled escape, spillage or leakage of a substance
2. uncontrolled implosion, explosion or fire
3. uncontrolled escape of gas or steam
4. an uncontrolled escape of a pressurised substance
5. the fall or release from a height of plant, a substance or a thing,
6. the collapse, overturning, failure, or malfunction of, or damage to, plant that is required to be authorised within the meaning of the WHS Act, Part 4,
7. the collapse or partial collapse of a structure,
8. the collapse or failure of an excavation or of shoring supporting an excavation,
9. the loss of control of heavy earthmoving machinery, including the failure of braking or steering,
10. the unintended activation, movement, or failure to stop of vehicles or machinery,
11. a collision involving a vehicle or mobile plant.
12. damage to plant or structures.
13. A failure of ground, or of slope stability control measures.
14. Rock falls, instability of cliffs, steep slopes or natural dams, occurrence of sinkholes, development of surface cracking or deformations or release of gas at the surface, due to subsidence.
15. Vehicle or plant contacting an energised source having a voltage greater than 1,200V.
16. Spon com.
17. Electric shock to a person, other than a shock from an extra low voltage source.
18. Unintended overturning of a vehicle or of plant weighing more than 1,000kg.
19. Ejection of rock from blasting that falls outside the blast exclusion zone.

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18
Q

WHS Regs Clause 36

A

WHS Regs Clause 36 - Hierarchy of Control Measures
If a duty holder cannot Eliminate the risk, they must minimise the risk SFARP
by using 1 or more of the following controls:
* Substitution
* Isolation
* Engineering Controls
* Administration
* PPE

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19
Q

When is a PCBU required to have a safety committee?

A

WHS Act Section 75 - Health and Safety Committees
* Within 2 months after being requested to do so by the Health and Safety representative
* If required to do so by the Regulations
* When there are 5 or more workers in the workplace
* May establish one under their own initiative

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20
Q

What is a “notifiable incident”?

A

WHS (MPS) Act Section 14 - What is a Notifiable Incident

a) Death of a person
b) Serious illness or injury to a person
c) A dangerous incident

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21
Q

What is the statutory function of an Open Cut Examiner?

A

WHS (MPS) Regs Schedule 10 - Statutory Functions at Coal Mines
Part 3, Section 18 - Open Cut Examiner
The statutory function of an Open Cut Examiner is to supervise workers and inspect work areas of the mine.
Must hold a current practising certificate that authorises the exercise of the statutory function
Should also -
* 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

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22
Q

What is a “Principal Hazard”?

A

WHS (MPS) Regs Section 4 - Meaning of a Principal Hazard

Principal Hazard is an activity, process, procedure, plant, structure, substance, situation or other circumstance relating to 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
  • Fire or explosion
  • Inrush or inundation of any substance
  • Subsidence
  • Any hazard identified under WHS Regs Cl 34
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23
Q

WHS (MPS) Regs Section 26

A

WHS (MPS) Regs Section 26 - Contractor to Prepare plan or Use SMS
Must not carry out mining operations unless:
* Contractor has Health and safety plan and has provided a copy to the operator
* Has obtained written notice from the operator and approved for site
* SFARP implemented the plan, or
* Has reviewed the relevant parts of the mines SMS
* Has given the operator written notice they have conducted a review and is of the opinion the contractor SMS is consistent and in accordance with Section 14.

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24
Q

WHS (MPS) Regs Section 14

A

WHS (MPS) Regs Section 14 - Management of Risks to Health and Safety
* PCBU must manage risks to health and safety.
* Must ensure a risk assessment is done by competent person
* Have regard to severity, consequence, likelihood
* Keep a record
* Control measures identified in risk assessment
* Risk assessment to for part of the SMS

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25
Q

WHS (MPS) Regs Section 189

A

WHS (MPS) Regs Section 189 - Serious Injury or Illness
. Immediate treatment as an inpatient in hospital
. Immediate treatment for,
- Amputation
- Serious head injury
- Serious eye injury
- Serious burn
- Separation of skin from underlying tissue (degloving/scalping)
- Serious Laceration
- Spinal injury
- Loss of bodily function
- Medical treatment within 48hrs exposure to a substance
- Fracture to a bone (other than hand or foot)
- Condition prescribed in Section 36 of the WHS Act

26
Q

WHS (MPS) Regs Section 30 & Schedule 2

A

WHS (MPS) Regs Section 30 - Principal Control Plans
PCBU must comply with the requirements for
principal control plans in S30 and Schedule 2.
PCP must be documented, easy to understand
PCP must include:
- Health Control plan
- Mechanical Engineering Control Plan
- Electrical Engineering Control Plan
- Explosives Control Plan
- Emergency Plan

27
Q

WHS (MPS) Regs Section 31

A

WHS (MPS) Regs Section 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 workings, state of the plant 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

28
Q

WHS (MPS) Act Section 28

A

WHS (MPS) Act Section 28 - Appointment Of ISHR
ISHR is appointed by the minister of resources and energy and must be 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 appoimtment 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 Section 229 WHSA

29
Q

WHS (MPS) Regs Section 32

A

WHS (MPS) Regs Section 32 - Movement of Mobile Plant
Risks to health and safety associated with mobile plant must be managed.
* Design, layout, construction, maintenance of all roads including drainage.
* Risks associated with terrain and/or adjacent land.
* Interaction between mobile plant and light vehicles
* Interaction with fixed plan or structures
* Interaction with pedestrians (use of pre movement warnings – horn blasts)
* Operation of remote-control mobile plant
* Maintenance and testing of mobile plant (brakes, steering, lights and other safety issues)

30
Q

Coremine Gold Lego

Primary Duty of Care

WHS Act Section 19

A

WHS Act Section 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
* the safe use, handling and storage of plant, structures and substances
* provide and maintain adequate facilities
* provide information, training, and supervision
* provide health monitoring

31
Q

WHS Act Section 18

A

WHS Act Section 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 risk/hazard and ways of minimising or eliminating the risk/hazard
* availability and suitability of ways to eliminate or minimise the risk
* whether the cost associated is greatly disproportionate to the hazard or risk

32
Q

WHS (MPS) Regs Section 39

A

WHS (MPS) Regs Section 39 - 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

33
Q

Who can handle explosives?

A

Explosives Regulation Cl9
* A security licence is required to handle explosives.
* A natural person is required to hold a security clearance

Explosives Regulation Cl10
* A person being instructed by an authorised licence holder
* A person handling explosives in a manner authorised by the licence

34
Q

WHS Act Section 3

A

WHS Act Section 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
35
Q

Ground and Strata PHMP

A

WHS MPS Regs Schedule 1 (1) – Ground and Strata Failures
1. Geological Structure
2. Surface and groundwater
3. How water enters and is removed
4. Geotechnical characteristics
5. Ground and strata support
6. Geotechnical interpretation and monitoring
7. Seismic activity (induced or natural)
8. Equipment and procedures to measure seismic events
9. Loadings from dumps, stockpiles, facilities
10. Previous Workings
11. Proposed and existing operations
12. Filling of mining areas including material type
13. Stability of any slopes
14. Mine Openings
15. Equipment and procedures for scaling
16. Rock support and reinforcement
17. Ground and strata control monitoring
18. Interaction of Persons and Plant (highwall mining, pillar and highwall support)
19. Risk of pressure burst

36
Q

Air Quality or Dust and Other Airborne Contaminants PHMP

A

WHS (MPS) Regs Schedule 1 (8) - Air Quality or Dust and Other Airborne Contaminants PHMP
* Types of dust and other biological/chemical, introduced and natural - including naturally occurring asbestos.
* Length of Exposure, having regard to length of shifts, reduced recovery periods, Time Weighted Average.
* Levels of oxygen, dust and other contaminants in the natural.
* Temperature and humidity of air

37
Q

Spontaneous Combustion PHMP

A

WHS (MPS) Regs Schedule 1 (5) – Spontaneous Combustion

Heating of coal through oxidation. During Oxidation, heat is liberated. some coal heats more than others. Industry accepted threshold to be concerned is 55 Degrees Celsius.
Hazards include:
* Gas
* Production of Ultra Fines
* Subsidence
The following matters must be considered when developing the control measures.
* Potential for spon com to occur int the material being mined.
* Evaluating; history of the mine, adjacent or previous mining operations in the same seam
* Conducting scientific testing.
* Consider mine ventilation practices (pit floor/reclaim tunnels – Low pressure weather will draw out gasses)
* Consider the design of the mine
* Consider the impact of gas generation by spon com on mine environmental conditions.

38
Q

Roads and Other Vehicle Operating Areas PHMP

A

WHS (MPS) Regs Schedule 1 (7) - Roads and Other Vehicle Operating Areas PHMP

ROVOA includes Haul Roads, Dumps, Production Faces, Workshop areas, CHPP & ROM, Explosives Facilities, Shutdown Pads.
Specific control measures Section 32 – Movement of mobile plant.
The following matters mut be considered in developing the control measures to manage the risks of roads or other vehicle operating areas.
* Characteristics of mobile plant (speeds, stopping distances, size, turning circles)
* Road conditions, environmental conditions during operating periods
* Road Design, camber, radius, curves, grades, intersections
* Mine design, steep drops/banks adjacent to haul roads
* Interaction with –
- Pedestrians
- fixed structures
- public traffic
- vehicles of different characteristics (HV-LV)

39
Q

WHS (MPS) Regs Sections 41

A

WHS (MPS) Regs Section 41 - Air quality or dust or other contaminants/Exposure Standards

  • Inhalable dust 10mgm3
  • Respirable dust (coal mine) 1.5mgm3
  • Diesel particulates 0.1mgm3
  • Respirable quartz/silica 0.05mgm3
40
Q

WHS (MPS) Regs 125

A

WHS (MPS) Regs Section 125 - Duty to Notify Regulator of Other Matters

Operator of a mine must give notice of a reportable event such as:
- Recommencement of normal activities following a significant interruption or suspension of mining activities
Notice must include the following details:
* Date of the commencement of the mining activities
* Date mining activities are intended to conclude
* GPS Coordinates of the area covered by the mine
* Details of the scope, character, and location of the mining operations
* Details of the minerals sought, extracted or delt with at the mine
* Whether the mine has an underground mine.
* Identification and contact details of the key persons of management and statutory function position holders and their competencies
* List of principal hazards identified at the mine
* Outline contents of safety management systems
* Outline of PHMPs and PCPs and list of the codes/standards or guidelines referred to in the plans
Notice must be written and given to the regulator and ISHR and provided in the approved form.

41
Q

WHS (MPS) Act Section 18

A

WHS (MPS) Act Section 18 - Government Officials

  • Inspector
  • Mine safety officer
  • An investigator
42
Q

Fire and Explosion PHMP

A

WHS (MPS) Regs Schedule 1 (9)

The following must be considered in developing the control measures to manage the risks of Fire and Explosion at a mine site:
* Potential sources of combustible/flammable/explosive material/substances including natural or introduced.
* The potential sources of ignition, fire or explosion including plant, electricity, static electricity, spon com, lightning, hot work or other.
* The potential for propagation for fire or explosion to other parts of the site.
* Combustible liquids - transport and storage
* Flammable material - sources with a flashpoint of less than 61 degrees C
* Firefighting equipment
* Prevention - types an location of the systems for the early detection and suppression of fires.

43
Q

Inrush and Inundation PHMP

A

WHS (MPS) Regs Schedule 1 (2) - Inrush and Inundation PHMP

Inrush – sudden and overwhelming inflow
Inundation – slow engulfment/being flooded

Must be considered in developing the control measures –
a. The potential sources of inundation, including extreme weather, overflow or failure of levees and dam structures, failure or blocking of flow of flow channels (including regular, overflow or emergency flow channels),
b. The location, design and construction, of dams, lagoon, tailings dams, emplacement areas and any other bodies of water or material that could enter the mine, including any such entry because of extreme weather conditions such as a cyclone.
c. The potential sources of inrush including current, disused or abandoned mine workings, surface water bodies, backfill operations, highly permeable aquifers, bore-holes, faults or other geological weaknesses,
d. The location of other workings and the strength of ground (including the geotechnical characteristics of the rock) between those workings.
e. The potential for the accumulation of water, gas or other substances, or materials that could liquefy or flow into other workings or locations,
f. The magnitude of all potential sources and maximum flow rates.
g. The worst possible health and safety consequences of each possible source, including the accuracy of plans of other workings, variations in rock properties and geological weaknesses.
h. Survey plans of the mine including any historical survey plans

44
Q

WHS (MPS) Regs Schedule 9 (12)

A

WHS (MPS) Regs Schedule 9 (12) - 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

45
Q

WHS Regs Cl 38

A

WHS Regs Cl 38 - Review of Control Measures

  • If a control doesn’t adequately control the risk
  • If a change in the workplace introduces new risks
  • A new hazard/risk has been identified
  • Consultation with Duty holder determines review is necessary
  • A Health and Safety rep requests a review (HSR may request review if:
  • any of the above notes
  • the duty holder has not adequately controlled the risks.
46
Q

WHS (MPS) Regs Section 15

A

WHS (MPS) Regs Section 15 - Review of Control measures

PCBU must review and as necessary revise control measures in the following circumstances:
* Audit of the SMS finds a deficiency
* A worker is removed form a hazard due to results of a health monitoring report
* A Section 124 incident occurs
* Any incident notified to the regulator

47
Q

WHS (MPS) Regs Section 22

A

WHS (MPS) Regs Section 22 - Review of SMS

PCBU must ensure the SMS is reviewed;
* Within 1 year of commencement of mining
* at least once every 3 years after the commencement
* Review SMS if a control is revised under WHS Regs Cl 38 or WHS (MPS) Regs Section 15

48
Q

WHS (MPS) Regs Section 29

A

WHS (MPS) Regs Section 29 - Review of PHMP

PCBU must review and revise PHMP if:
- Review required if controls revised under WHS Regs Cl 38 or WHS (MPS) Section 15
- Must be documented in the plan

49
Q

WHS (MPS) Regs Section 129

A

WHS (MPS) Regs Section 129 - Mine Record

PCBU/Operator must keep a record for the mine. Record must include:
* Any notices issued under WHS Act Part 10 Enforcement Measures
* Copies of an PINS issued (WHS Act, Part 5 Division 7)
* All incidents notified to the regulator under (WHS Act or WHS (MPS) Regs, section 124
* Summary of all records kept under WHS (MPS) Sections 16 and 17
* Stat reports (WHS (MPS) Regs Section 31
* First aid treatments
* All other records operator is required to keep under WHS laws

50
Q

WHS Act Section 155 - Powers of regulator to obtain information

A

WHS Act Section 155 - Powers of regulator to obtain information

  • Person must not without reasonable excuse , refuse or fail to comply,
  • Regulator has reasonable grounds to believe person is capable of giving information,
  • Regulator give written notice requiring person to –
  • Give regulator specific information he has, in a specified time,
  • Produce documents requested within specified time,
  • Appear before a person , specified and at a certain time and place,
51
Q

WHS Act Section 191 - Issue of improvement notices

A

WHS Act Section 191 - issue of improvement notices

  • Inspector reasonable believes that a person is contravening this ACT or likely to contravene this ACT,
  • Requiring person to – remedy the contravention or likely contravention or things causing
52
Q

WHS Act Section 195 - Prohibition notice

A

WHS Act Section 195 - Prohibition notice

  • Inspector reasonable believes that an activity may occur or is occurring that involves or will involve a serious risk to health and safety emanating from an immediate or imminent exposure to a hazard,
  • Inspector may give direction to stop the activity until satisfied matters giving rise to risk have been remedied,
  • Direction given orally, must be confirmed in writing,
53
Q

WHS Act Section 198 - Issue of non-disturbance notice

A

WHS Act Section 198 - Issue of non-disturbance notice

  • Inspector may issue a non-disturbance notice if he reasonable believes necessary to exercise his powers,
54
Q

WHS (MPS) Act Section 23 - Notifying mine operator of concerns

A

WHS (MPS) Act Section 23 - Notifying mine operator of concerns
* Government official give written notice to operator if becomes aware of following matters –
- Any matter considers being relevant to continued safe operation,
- Any matter considers relevant to health and safety of workers,

55
Q

WHS (MPS) Act Section 30 Suspending operations

A

WHS (MPS) Act Section 30 Suspending operations
* ISHR may give direction suspending operations if of opinion –
- Been a failure to comply with WHS laws or with SMS,
- There is a danger to health and safety of workers,
* A direction must –
- State ISHR’s opinion, and give reasons for opinion,
- Identify operations to be suspended, and give any actions ISHR believes could be taken to remove danger,
* Operator must comply immediately with direction and notify regulator,
* Direction ceases when inspector attends and assesses matters or ISHR withdraws direction,
* Does not prevent any work for purpose of prevention or mitigating any danger,

55
Q

WHS (MPS) Act Section 51 - Regulator to make stop work orders

A

WHS (MPS) Act Section 51 - Regulator to make stop work orders
* Regulator give order requiring PCBU to stop any activity specified in order,
* May require PCBU to carry out activity to make area safe,
* Regulator make order only if reasonable believes necessary to prevent serious risk to health and safety,
* If order states activity to be carried out, must specify time which activity is to be done,
* Stop work order stays in force for time specified, no more than 28 days,
* Regulator may revoke order if satisfied order no longer necessary

56
Q

Coremine Gold Lego

What is a notifiable Incident?

WHS Act 2011 Section 35

A

Notifiable Incident means –
a) The death of a person, or
b) A serious injury or illness of a person, or
c) A dangerous incident

57
Q

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What is a “serious injury or illness”

WHS Act 2011 Section 36

A

Serious injury or illness of a person means an injury or illness requiring the person to have—
a) immediate treatment as an in-patient in a hospital, or
b) immediate treatment for—
i. the amputation of any part of his or her body, or
ii. a serious head injury, or
iii. a serious eye injury, or
iv. a serious burn, or
v. the separation of his or her skin from an underlying tissue (such as degloving or scalping), or
vi. a spinal injury, or
vii. the loss of a bodily function, or
viii. serious lacerations, or
c) medical treatment within 48 hours of exposure to a substance,
and includes any other injury or illness prescribed by the regulations but does not include an illness or injury of a prescribed kind.

58
Q

Coremine Gold Lego

What is a “dangerous incident”

WHS Act 2011 Section 37

A

A dangerous incident means an incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to—
a) an uncontrolled escape, spillage, or leakage of a substance, or
b) an uncontrolled implosion, explosion, or fire, or
c) an uncontrolled escape of gas or steam, or
d) an uncontrolled escape of a pressurised substance, or
e) electric shock, or
f) the fall or release from a height of any plant, substance, or thing, or
g) the collapse, overturning, failure, or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations, or
h) the collapse or partial collapse of a structure, or
i) the collapse or failure of an excavation or of any shoring supporting an excavation, or
or
j) any other event prescribed by the regulations,
but does not include an incident of a prescribed kind.

59
Q

Coremine Gold Lego

Duty to consult with other duty holders

WHS Act 2011 Section 46

A

If more than one person has the same duty, each person must consult, co-operate and co-ordinate activities, so far as reasonably practical with all other persons who have a duty in relation to the same matter

60
Q
A

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