TRANSITIONAL ARRANGEMENTS Flashcards
WHSMA SECTION 45 Safety and health representatives at coal mines-training and appointment
An iSHR a SSHR or ESHR is taken to have completed the training accredited by the regulator for the purpose of section 45 of the WHSMA if they have-the course of training required by section 165 of CMHSA & -a course of training approved by the regulator under WHSA in respect of giving of direction to cease work under section 85 of WHSA and issuing provisional improvement notices under section 90 of the Act.
NOTE: an ISHR, SSHR, ESHR cannot issue a provisional improvement notice or direction to cease work unless they have completed the required training.
PART 3 WHSMA Notifiable incidents
Incident occurring prior to commencement must be notified to the regulator in accordance with the new Act unless notice has already been given in accordance with the previous laws.
WHSMR CLAUSE 6 WHSMA CLAUSE 5 Mine operator
The operator of a coal operation validly appointed under the CMHSA or the operator of a mine validly appointed under the MHSA is taken to be the mine operator of the relevant mine.
A person who is taken to be the mine operator can be removed from that position in the same way as a person who is appointed as a mine operator by the mine holder under clause 6 of the WHSMR.
WHSMR CLAUSE 7
The nomination of a person as the operator of a coal operation or a mine under section 17 of the CMHSA or section 22 of the MHSA is taken to be a notification to the regulator of that person as mine operator of the relevant mine in accordance with clause 7 of this regulation. The person nominated is taken to be the mine operator of the relevant mine from the commencement.
CONDITIONS
the nomination was duly made and not been rejected by the chief inspector before the commencement day.
The person is eligible to be appointed as the mine operator -for example a person conducting a business or undertaking.
A person who is taken to be a mine operator can be removed from that position in the same way as a person who is appointed as a mine operator by the mine holder under Clause 6.
