WHS - Mines & Petroleum Act 2013

Question 1

S3 - Objects of the Act

Answer 1

• Assist in achieving objects of WHS Act 2011
• Protect workers and other persons H/S through eliminating / minimising Risk
• Ensure effective provisions for emergencies are developed and maintained
• Establish a scheme, competencies of persons exercising certain functions
• Establish Mine Safety Advisory Council
• Facilitate interstate regulatory cooperation
• Board of Inquiry
• Enforcement Powers in addition to WHS Act

Question 2

S14 - What is a Notifiable Incident

Answer 2

• Death of a person
• Serious Injury / illness prescribed by regulation
• Dangerous Incident prescribed by regulation

Question 3

S15 - Duty to Notify of Notifiable Incident

Answer 3

• MO or PCBU must ensure Regulator is notified immediately after becoming aware that a notifiable incident arising out of conduct of BU at mine has occurred
• Notice must be given in accordance with section and by fastest means
• Notice may be given by telephone - (written notice within 48hrs)
  writing - (in form and give details req.
  by regulator )

Question 4

S16 - Notifiable Incident at Coal Mine (additional requirements)

Answer 4

• Person responsible for notifying Regulator must also notify ISHR
• Notice to be given in same manner and form as rgulator

Question 5

S17 - Duty to Preserve Incident Site

Answer 5

Persons Responsible
- Any person who is required to ensure regulator is notified OR any person with management or control of the incident site
Responsibilities
- Ensure afairp that site is not disturbed until an inspector arrives, or Gov. official directs (ISHR consulted).
Site may be disturbed when:
- assist injured
- removed deceased
- essential to make site safe and minimise risk
- assist police
- inspector or regulator granted permission

• Incident site means workplace (part of), plant, substance, structure, thing

Question 6

S29 - Functions of ISHR

Answer 6

H/S Rep
- Represent workers for H/S Matters
- Investigate complaints
- Inspect Workplace
- Accompany an Inspector
ISHR Only
- Review SMS
- Participate in Investigations
- Training of MSHR

Question 7

S30 - Suspending Operations

Answer 7

ISHR may give direction to MO to suspend operations if ISHR is of opinion
- failure at mine to comply with WHS laws or any SMS requirement
- and because of failure there is a danger to H/S of workers at mine
Directive must state
- be in form approved by regulator
- State ISHR opinion
- Give reasons for ISHR opinion
- Identify MO to be suspended
- Give recommendations
MO must
- comply with direction
- notify regulator of direction
- display notice
Direction ceases to be effect
- inspector attends and assesses matter
- withdrawn in writing from ISHR
ISHR must take all reasonable steps to notify regulator prior
ISHR may notify regulator after if situation is arising from a serious risk to H/S
Failure to notify regulator does not affect validity
ISHR must give copy of direction to Regulator
Direction does not prevent carrying out of work for purpose of preventing or mitigating danger

Question 8

S32 - Delegate Functions to SHR

Answer 8

ISHR may delegate S30 functions to SHR (must be in writing)
(SHR has training and ISHR is unable to attend site)
Must not intentionally hinder or obstruct, assault/threaten/intimidate or induce or attempt to induce others to do so

Question 9

Mine Safety and Health Representatives

Answer 9

• SSHR and MSHR (qualifications)
• May have more then 1 (election required)
• Notify Regulator and ISHR following election
• Display notice of elected representatives
• 3 yr terms of service

Question 10

S42 - Functions of MSHR

Answer 10

• Represent workers for H/S Matters
• Investigate complaints
• Inspect Workplace
• Accompany an Inspector
• Observe any formal investigations by Regulator / MO

Question 11

S43 - Provisional Improvement Notice

Answer 11

SSHR before issuing PIN must take all reasonable steps to consult HSR (if the workgroup will be affected by the PIN)

Question 12

S49 - Improvement Notice

Answer 12

Relates to S191 WHS Act

Question 13

S50 - Prohibition Notice

Answer 13

Relates to S195 WHS Act
Inspector reasonably believes
a) an activity is occurring that involves or will involve a serious risk to H/S of persons emanating from imminent or immediate exposure to a hazard
b) an activity may occur, and if it occurs it will involve a serious risk
c) An activity at a workplace has caused or is causing a contravention of a provision of WHS Laws

Question 14

S51 - Stop Work Order

Answer 14

• Regulator may make order to PCBU to stop activity
• May require PCBU to carry out an activity that regulator deems necessary to ensure place remains safe
• Regulator reasonably believes order is necessary to prevent serious risk to H/S
• Notification not required prior
• copy of order given to PCBU
• PCBU must give copy of order to MO
• SWO takes effect when PCBU is notified
• Duration - 28days
• Regulator may revoke SWO if satisfied
• Consultation with PCBU on SWO
  More then 1 SWO may be made