OCE Legislation Flashcards
Pollution Incident Response Management Plan (PIRMP)
“An event that can 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
WHS (MPS) Regs Section 18 - Duty to Establish SMS
WHS (MPS) Regs Section 18 - Duty to Establish SMS
The operator must create and implement a Safety Management System (SMS).
Mining cannot begin until the SMS is in place.
The SMS must be part of the overall management system.
It should ensure health and safety as far as reasonably practical.
The SMS must comprehensively manage all health and safety risks.
It should consider the nature, location, and complexity of operations.
WHS (MPS) Regs Section 24 - Duty to Provide Information to Contractor
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.
When is consultation required?
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
What are the duties of workers? WHS Act 28
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
WHS(MPS) Regs Section 124 - Duty to Notify the Regulator of Certain Incidents
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 if,
* The incident results in a serious injury or illness that requires medical treatment.
* 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
WHS Regs Clause 44 - Provision to Workers and Use of PPE
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.
Must be 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
Contents of a Safety Management Systems - WHS(MPS) Regs Part 3, Subdivision 2, Section 18
Contents of a Safety Management Systems
- Health and safety Policy
- Health Control Plan
- Inductions
- Information and Training
- Inspections
- Incidents Management
- Specific Controls
- Safety Role for Workers
- Supervision
- Record Keeping
- Risk Management
- Resources to implement SMS
- Consultation
- Communication Across Shifts
- Contractors
- Performance Standards and Audits
- PCP (Principal Control Plans)
- PHMP (Principal Hazard Management Plan)
- Emergency Plan
- Management structure
- Withdrawal Conditions
Explosives Regulation Cl 82
Explosives Regulation Cl 82 - 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
Who do you notify in the event of a Notifiable Incident
WHS (MPS) Act Section 16 - Notifiable Incidents at a Coal Mine
1) Regulator
2) Notify ISHR
- In same manner and form as regulator
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
WHS (MPS) Regs Section 33 - Explosives and Explosive Pre Cursors
Must -
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
What is a Dangerous Incident? WHS (MPS) Regs Section 190
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.
Hierarchy of Control Measures - WHS Regs Clause 36
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
What is a “notifiable incident”?
a) Death of a person
b) Serious illness or injury to a person
c) A dangerous incident
What is the statutory function of an 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 practicing certificate.
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
What is a “Principal Hazard”?
A 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
What is a Serious Injury or Illness -
WHS (MPS) Regs Section 189
. Immediate treatment as an inpatient in hospital, for -
- Amputation
- Serious head injury
- Serious eye injury
- Serious burn 2nd or 3rd degree
- Separation of skin from underlying tissue (degloving/scalping)
- Serious Laceration
- Spinal injury
- Loss of bodily function
- Fracture to a bone (other than hand or foot)
- Medical treatment within 48hrs exposure to a substance
Principal Control Plans -
WHS (MPS) Regs Section 30 & Schedule 2
1) Mechanical Engineering Control Plan.
2) Electrical Engineering Control Plan.
3) Explosive Control Plan.
4) Health Control Plan
5) Emergency Control Plan
PCP must be documented, easy to understand
PCBU must comply with the requirements for
principal control plans.
Communication Between Outgoing and Oncoming Shifts. - WHS (MPS) Regs Section 31
The operator at mine that has more than one shift worked each day must;
a) the supervisor of the outgoing shift provides a written report to the supervisor of the incoming shift, in relation to the state of the mine workings and plant and any other matters that relate to work health and safety.
b) the supervisor of the outgoing shift acknowledges in writing to the supervisor of the incoming shift the accuracy of the report and signs the acknowledgement,
c) the supervisor of the incoming shift communicates the content of the report to the workers on the incoming shift, a
d) the supervisor of the incoming shift acknowledges in writing to the supervisor of the outgoing shift that the content of the report has been communicated to the workers on the incoming shift and the supervisor of the incoming shift signs the acknowledgement.
Movement of Mobile Plant -
WHS (MPS) Regs Section 32
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 plant 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)
Who can handle explosives?
Explosives Regulation Cl9
Explosives Regulation Cl10
* A person being instructed by an authorised licence holder
* A person handling explosives in a manner authorised by the licence holder
Must also have -
a security licence.
Explosives Regulation Cl9
* A security license is required to handle explosives.
* A natural person is required to hold a security clearance
What are the PHMP (Principal Hazard Management Plans)
- Ground and Strata Failure.
- Inrush or Inundation.
- Roads or other vehicle operating areas.
- Airborne dust and other contaminates.
- Fire and explosion.
- Spon Com.
- Subsidence.
Definition of a Medical treatment injury -
WHS (MPS) Regs Schedule 9 (12)
- Suturing of a wound
- Treatment of fractures
- The treatment of bruises by the drainage of blood
- the treatment of second and third degree burns
