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OCE Study 2022 > 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 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

WHS(MPS) Regs Cl 13

A

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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4
Q

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

A

WHS(MPS) Act Sec 45 Training of Mine Safety and Health Reps
WHS(MPS) Regs Cl 168 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

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5
Q

WHS(MPS) Cl 20

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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6
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, h&s 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

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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8
Q

WHS(MPS) Regs Cl 128

A

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,
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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9
Q

WHS Regulations Cl 44

A

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

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10
Q

WHS(MPS) Regs CL 14

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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11
Q

Explosives Regulation Cl 103

A

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

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12
Q

WHS(MPS)Act Sec 16?

A

WHSMA Sec 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 Sec 29

A

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

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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 Cl 44

A

Cl 44 Alcohol & Drugs

The operator of the mine must manage risks to heath & safety associated with the consumption of alcohol & drugs

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16
Q

WHS(MPS) Cl 31

A

Cl 31 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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17
Q

WHS(MPS) Regs Cl 179

A

Cl 179 Dangerous Incidents 20 Parts
• An incident that exposes a worker or any other
person to a risk from immediate or imminent
exposure to-
- uncontrolled escape, spillage or leakage of a substance
- uncontrolled implosion, explosion or fire
- uncontrolled release of a pressurized substance
- uncontrolled escape of gas or steam
- collapse, overturning or damage to authorised plant
- collapse or partial collapse of a structure
- collapse of an excavation
- collision involving vehicle and mobile plant
- damage to any plant or structure
- electric shock
- ejection of blasting rock outside the exclusion zone
- failure of slope stability
- fall or release form height of plant, substance or thing
- inrush of water, mud or gas into excavation or tunnel
- loss of control of HME
- overturning of plant or equipment weighing more than 1000kg
- rock falls, instability of cliffs, steep slopes or dams due to subsidence
- spon com
- unintended activation or failure to stop of vehicles or machinery
- Vehicles or plant contacting energised sources greater than 1200v

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18
Q

WHS(MPS) Regs Cl 43

A

Cl 43 Fatigue

The operator of the mine must manage risks to health & safety associated with worker fatigue

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19
Q

WHS Regulations Cl 36

A 
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
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20
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

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21
Q

What is a “notifiable incident”?

A

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

22
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
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

23
Q

What is a “Principal Hazard”?

A

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
  • Fire or explosion
  • Inrush or inundation of any substance
  • Any hazard identified under WHSR Cl 34
24
Q

WHS(MPS) Cl 22

A

Cl 22 Contractor to Prepare plane 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 9

25
Q

WHS(MPS) Regs Cl 9

A

Cl 9 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

26
Q

WHS(MPS) Regs Cl 178

A

Cl 178 Serious Injury or Illness
• Immediate treatment as an inpatient in hospital
• Immediate treatment for,
o Amputation
o Serious head injury
o Serious eye injury
o Serious burn
o Separation of skin from underlying tissue
(degloving/scalping)
o Spinal injury
o Loss of bodily function
o Medical treatment within 48hrs exposure to a
substance
o Fracture to a bone (other than hand or foot)
o Condition prescribed in Section 36 of the WHS Act

27
Q

WHS(MPS) Regs Cl 26

A 
Principal Control Plans
Health Control plan
Mechanical Engineering Control Plan
Electrical Engineering Control Plan
Explosives Control Plan
Emergency Plan
28
Q

WHS(MPS) Regs 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

WHS(MPS) Act Sec 28

A

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

30
Q

WHS(MPS) Regs Cl 28

A

Cl 28 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

31
Q

WHS Act Sec 19

A

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

32
Q

WHS Act Sec 18

A

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

33
Q

WHS MPS 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
34
Q

Explosives Regulation Cl9

A

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
35
Q

WHS Act Sec 3

A

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
36
Q

Ground and Strata PHMP

A

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
37
Q

Air Quality or Dust and Other Airborne Contaminants PHMP

A

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

38
Q

Spontaneous Combustion PHMP

A

WHS MPS Sch1 (3b)

  • Current state of adjacent workings
  • Design of mine
  • History of spon com
  • Impact of gas generated
  • Scientific testing
39
Q

Roads and Other Vehicle Operating Areas PHMP

A

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

40
Q

WHS MPS Regulations 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
41
Q

WHS MPS Cl 129

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
42
Q

WHS MPS Act Sec 18

A

Government Officials

  • Inspector
  • Mine safety officer
  • An investigator
43
Q

Fire and Explosion PHMP

A

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

44
Q

Inundation and Inrush PHMP

A

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

45
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

46
Q

WHS Reg’s 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
47
Q

WHS MPS Regs Cl 10

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 128 incident occurs
- Any incident notified to the regulator
48
Q

WHS MPS Regs Cl 17

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 10

49
Q

WHS MPS Regs Cl 25

A

Review of PHMP

  • Review required if controls revised under WHS Regs Cl 38 or WHS MPS Cl 10
  • Must be documented in the plan
50
Q

WHS MPS Cl 133

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 11/12 (risk
management)
- Shift reports WHS MPS Regs Cl 27
- First aid treatments

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