WHS (MPS) Regs 2022 - Gold Lego

Question 1

Management of risks to health and safety

WHS (MPS) Regs Section 14

Answer 1

1) must manage risks to health and safety associated with mining operations at the mine site in accordance with the WHS Regulations, Part 3.1.
2) must ensure a risk assessment is conducted in accordance with this section by a person who is competent to conduct the risk assessment having regard to the nature of the hazard.
3) In conducting a risk assessment, must have regard to the following—
a) the nature of the hazard,
b) the likelihood of the hazard affecting the health or safety of a person,
c) the severity of the potential health and safety consequences.
4) Subsection (3) does not limit the operation of another requirement to conduct a risk assessment under this Regulation.
5) must keep a record of the following—
a) each risk assessment conducted under this section and the name and competency of the person who conducted the risk assessment,
b) the control measures implemented to eliminate or minimise a risk that was identified by the risk assessment.
6) A person conducting a business or undertaking at a mine site is not required to keep a record of a risk assessment if—
a) the risk assessment is required to be carried out by an individual before the worker commences a task that forms part of an activity, and
b) the person keeps a record of risk assessments that addresses the overall activity being undertaken, of which the task forms a part.
7) A record kept under subsection (5) by an operator of a mine site forms part of—
a) the safety management system of the mine site, and
b) the records of the mine site. A record, kept under subsection (5) by a contractor who has prepared a contractor health and safety management plan, forms part of the plan.

Question 2

Review of control measures

WHS (MPS) Regs 2022 Section15

Answer 2

1) A person conducting a business or undertaking at a mine site must review and as necessary revise control measures implemented under section 14(5)(b) in the following circumstances—
a) an audit of the effectiveness of the safety management system for the mine site indicates a deficiency in a control measure,
b) a worker is moved from a hazard or assigned to different work in response to a recommendation contained in a health monitoring report provided under Part 4,
c) an incident referred to in section 124 occurs,
d) another incident occurs that is required to be notified to the regulator under the WHS laws.
2) The operator of a mine site must ensure a control measure the subject of a request under the WHS Regulations, clause 38(4) is reviewed and as necessary revised, whether the request is made—
a) to the operator by a health and safety representative, or
b) notified to the operator under subsection (3).
3) A person conducting a business or undertaking at the mine site who is not the operator of the mine site must immediately notify the operator of a request made to the person under the WHS Regulations, clause 38(4).
4) A health and safety representative for workers at a mine site may request a review of a control measure under the WHS Regulations, clause 38(4) as if the circumstances referred to in subsection (1) were included as a circumstance in the WHS Regulations, clause 38(4)(a).

Question 3

Record of certain reviews of control measures—operator

WHS (MPS) Regs 2022 Section 16

Answer 3

1) This section applies to an operator of a mine site who has, under the WHS Regulations, clause 38, reviewed a control measure in response to—
a) a notifiable incident, or
b) an incident referred to in section 124.
2) The operator of a mine site must keep a record of the following—
a) the causes, or likely causes, of the incident,
b) the work health and safety matters arising from the incident,
c) recommendations arising from consideration of the incident, including recommendations directed at preventing a repeat of the type of incident in the future,
d) the outcome of a review or revision of the control measures or a part of the safety management system,
e) a summary of changes to—
i. the safety management system for the mine site, and
ii. the affected principal hazard management plan or principal control plan for the mine site.
3) The operator of a mine site must, if required by the regulator by written notice, provide the records kept under this section to the regulator, in the way and within the period specified in the notice.

Question 4

Record of certain reviews of control measures—other PCBU

WHS (MPS) Regs 2022 Section 17

Answer 4

1) This section applies to a person conducting a business or undertaking at a mine site.
2) This section does not apply to the operator of the mine site, who has, under the WHS Regulations, clause 38, reviewed a control measure in response to—
a) a notifiable incident, or
b) an incident referred to in section 124.
3) A person must keep a record of the following—
a) the causes, or likely causes, of the incident,
b) the work health and safety matters arising from the incident,
c) recommendations arising from consideration of the incident, including a recommendation directed at preventing a repeat of the type of incident in the future,
d) the outcome of a review or revision of the control measures.
4) A person must, if required by the regulator by written notice, provide the records kept under this section to the regulator, in the way and within the period specified in the notice.

Question 5

Duty to establish and implement safety management system

WHS (MPS) Regs 2022 Section 18

Answer 5

1) The operator of a mine site must establish a safety management system for the mine site, in accordance with this Subdivision.
2) The operator must, as far as reasonably practicable, implement the safety management system for the mine site.
3) The operator must ensure no mining operations take place during a time at which a part of the safety management system relevant to the mining operations is not established and implemented at the mine site in accordance with this Subdivision.
4) The safety management system must form part of an overall management system that is in place at the mine site.
5) The safety management system must be designed to be used by the operator as the primary means of ensuring, as far as reasonably practicable—
a) the health and safety of workers at the mine site, and
b) the health and safety of other persons is not put at risk from the mine site or work carried out as part of mining operations.
6) Subject to subsection (7), the safety management system must provide a comprehensive and integrated system for the management of all aspects of risks to health and safety in relation to the operation of the mine site.
7) The safety management system must comply with subsection (6) to the extent appropriate to the mine site having regard to—
a) the nature, complexity and location of the mining operations, and
b) the risks associated with the operations.

Question 6

Content of safety management system

WHS (MPS) Regs 2022 Section 19

Answer 6

1) The safety management system for a mine site must be documented (a safety management system document).
2) The safety management system document for a mine site must set out the following—
a) the health and safety policy of the operator of the mine site, including broad aims in relation to the safe operation of the mine site,
b) the arrangements for managing risks in accordance with section 14,
c) the systems, procedures, plans and other control measures that will be used to control risks to health and safety associated with mining operations at the mine site, including the following—
i. the principal hazard management plans for the mine site prepared under Division 2,
ii. the principal control plans for the mine site,
iii. for coal mines and other mines—the matters required under Division 6.
d) the management structure for the management of work health and safety at the mine site, including the following—
i. arrangements for filling temporary and permanent vacancies,
ii. requirements relating to acting positions in the structure,
iii. the competency requirements for positions in the structure,
iv. the positions within the management structure that have responsibility for the management of work health and safety at the mine site, including mining supervisors, and the names of the relevant persons,
v. for persons nominated to exercise key statutory functions at the mine site—the responsibilities of each person, including the supervision of workers at the mine site,
e) the arrangements between persons conducting a business or undertaking at the mine site, for consultation, co-operation and the co-ordination of activities in relation to compliance with their duties under the WHS laws,
f) if a contractor is working or likely to work at the mine site—the control measures that will be used to control risks to health and safety associated with the contractor’s work at the mine site, including the following—
i. a contractor health and safety management plan prepared by the contractor under section 26,
ii. how the contractor health and safety management plan will be integrated with the safety management system for the mine site,
iii. the process for assessing health and safety policies and procedures, including competency requirements, of the contractor and integrating the policies and procedures into the safety management system,
iv. the arrangements for monitoring and evaluating compliance by the contractor with the health and safety requirements of the safety management system,
g) the emergency procedures and all other matters in the emergency plan for the mine site,
h) the procedures and conditions under which persons at the mine site or a part of the mine site must be withdrawn to a place of safety and to remain withdrawn as a precautionary measure where a risk to health and safety warrants the withdrawal,
i) the arrangements for the provision of information, training and instruction required under the WHS Regulations, clause 39,
j) the induction procedures for workers at the mine site,
k) the arrangements for the supervision needed to protect workers and other persons at the mine site from risks to their health and safety from work carried out at the mine site,
l) the arrangements for health monitoring under Part 4,
m) the consultation and safety role for workers developed under Part 5,
n) the procedures for notifiable incident response and investigation at the mine site,
o) the procedures for the response to, and investigation of, incidents referred to in section 124,
p) the procedures for the review of control measures,
q) the procedures for records management for the mine site to ensure compliance with the WHS laws,
r) the arrangements for the effective communication of relevant information across shifts by workers, supervisors and other relevant persons and the procedures for documenting the communications,
s) the arrangements for all other monitoring and assessment and regular inspection of the working environment of the mine site to be carried out for the purposes of the WHS laws,
t) the performance standards under section 20,
u) the resources that will be applied for the effective implementation and use of the safety management system.
3) The safety management system document must—
a) deal with the matters referred to in subsection (2) in as much as detail as is appropriate to the mine site, having regard to—
i. the nature, complexity and location of the mining operations, and
ii. the risks associated with the operations, and
b) as far as reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.
4) If a matter referred to in subsection (1) is addressed in a plan or other document prepared under the WHS laws for a mine site, it is sufficient if the safety management system for the mine site refers to the plan or document.

Question 7

Performance standards and audit

WHS (MPS) Regs 2022 Section 20

Answer 7

The safety management system for a mine site must include the following—
a) performance standards for measuring the effectiveness of all aspects of the safety management system that—
i. are sufficiently detailed to show how the operator will ensure the effectiveness of the safety management system, and
ii. include steps to be taken to continually improve the safety management system,
b) the way in which the performance standards must be met,
c) a system for auditing the effectiveness of the safety management system for the mine site against the performance standards, including the methods, frequency and results of the audit process.

Question 8

Maintenance of safety management system

WHS (MPS) Regs 2022 Section 21

Answer 8

The operator of a mine site must maintain the safety management system for the mine site so that the safety management system remains effective.

Question 9

Review of safety management system

WHS (MPS) Regs Section 22

Answer 9

1) The operator of a mine site must ensure the safety management system for the mine site is reviewed, to ensure it remains effective—
a) within 12 months of the commencement of mining operations at the mine site, and
b) at least once every 3 years after the commencement.
2) If a control measure is revised under the WHS Regulations, clause 38 or this Regulation, section 15, the operator must also ensure the safety management system for the mine site is reviewed and as necessary revised in relation to all aspects of risk control addressed by the revised control measure.

Question 10

Duty to provide information to operator of adjoining mine site

WHS (MPS) Regs 2022 Section 23

Answer 10

The operator of a mine site must, as soon as reasonably practicable and on request, provide the following information to the operator of an adjoining mine site—
a) information about conditions, activities or proposed activities at the mine site that could create a risk to the health and safety of persons at the adjoining mine site,
b) a survey plan of the mine site, or a mine plan of the mine, prepared under Part 6, to the extent the plan is relevant to the health and safety of persons at the adjoining mine site.

Question 11

Duty on operator to provide information to contractor

WHS (MPS) Regs 2022 Section 24

Answer 11

The operator of a mine site must, as far as reasonably practicable, ensure a contractor who is to carry out mining operations at the mine site is given all relevant information and access to the mine site to enable the contractor to identify risks associated with the proposed operations.

Question 12

Duty on contractor to provide information to operator

WHS (MPS) Regs 2022 Section 25

Answer 12

A contractor who is to carry out mining operations at a mine site must, as far as reasonably practicable, ensure the operator of the mine site is given all relevant information to enable the operator to identify risks associated with the proposed operations.

Question 13

Contractor to prepare plan or use safety management system

WHS (MPS) Regs 2022 Section 26

Answer 13

1) A contractor must not carry out mining operations at a mine site unless the contractor has—
a) prepared a plan (a contractor health and safety management plan) in accordance with subsection (3), and
b) provided a copy of the plan to the operator of the mine site, and
c) obtained written notice from the operator that the operator has reviewed the plan and reasonably believes the plan is consistent with the safety management system for the mine site, and
d) as far as reasonably practicable, implemented the plan.
2) Subsection (1) does not apply if the contractor has—
a) reviewed the relevant parts of the safety management system for the mine site, and
b) given the operator of the mine site written notice that—
i. the contractor has conducted the review, and
ii. the contractor reasonably believes the safety management system is consistent with the contractor’s arrangements to manage the risks to health and safety from mining operations carried out by the contractor at the mine site in accordance with section 14 and other requirements under the WHS laws that relate to the operations.
3) A contractor health and safety management plan must—
a) set out the means by which the contractor will manage the risks to health and safety from mining operations carried out by the contractor at the mine site in accordance with section 14 and other requirements under the WHS laws that relate to the operations, and
b) be designed to be used by the contractor as the primary means of—
i. ensuring, as far as reasonably practicable, the health and safety of the contractor’s workers at the mine site, and
ii. ensuring, as far as reasonably practicable, the health and safety of other persons is not put at risk from work carried out as part of the contractor’s business or undertaking at the mine site, and
c) be documented, and
d) as far as reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.

Question 14

Identification of principal hazards and conduct of risk assessments

WHS (MPS) Regs 2022 Section 27

Answer 14

1) The operator of a mine site must identify all principal hazards associated with mining operations at the mine site.
2) The operator must conduct, in relation to each principal hazard identified, a risk assessment that involves a comprehensive and systematic investigation and analysis of all aspects of risk to health and safety associated with the principal hazard.
3) The operator, in conducting a risk assessment under subsection (2), must—
a) use investigation and analysis methods appropriate to the principal hazard being considered, and
b) consider the principal hazard individually and also cumulatively with other hazards at the mine site.

Question 15

Preparation of principal hazard management plan

WHS (MPS) Regs 2022 Section 28

Answer 15

1) The operator of a mine site must prepare a principal hazard management plan for each principal hazard associated with mining operations at the mine site in accordance with this section and Schedule 1.
2) A principal hazard management plan must—
a) provide for the management of all aspects of risk control in relation to the principal hazard, and
b) as far as reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.
3) A principal hazard management plan must—
a) describe the nature of the principal hazard, and
b) describe how the principal hazard relates to other hazards associated with mining operations at the mine site, and
c) describe the analysis methods used in identifying the principal hazard, and
d) include a record of the most recent risk assessment conducted in relation to the principal hazard, and
e) describe the investigation and analysis methods used in determining the control measures to be implemented, and
f) describe all control measures to be implemented to manage risks to health and safety associated with the principal hazard, and
g) describe the arrangements in place for providing the information, training and instruction required by the WHS Regulations, clause 39 in relation to the principal hazard, and
h) refer to the design principles, engineering standards and technical standards relied on for control measures for the principal hazard, and
i) set out the reasons for adopting or rejecting each control measure considered.
4) The operator of a mine site must consider the following when preparing a principal hazard management plan for a principal hazard at the mine site—
a) the matters set out in Schedule 1 for the principal hazard,
b) other matters relevant to managing the risks associated with the principal hazard.
5) The operator of a mine site at which there is a principal hazard must ensure no mining operations are carried out at the mine site that may give rise to the hazard before the principal hazard management plan for the hazard has been prepared in accordance with this section.

Question 16

Review of principal hazard management plan

WHS (MPS) Regs 2022 Section 29

Answer 16

1) The operator of a mine site must ensure a principal hazard management plan is reviewed and as necessary revised if a control measure specified in the plan is revised under the WHS Regulations, clause 38, or this Regulation, section 15.
2) If a principal hazard management plan is revised, the operator must make a written record the revisions, including the revision of a risk assessment, in the plan.

Question 17

Principal control plans

WHS (MPS) Regs 2022 Section 30

Answer 17

1) The operator of a mine site must comply with the requirements for principal control plans specified in this section and Schedule 2.
2) A principal control plan must—
a) be documented, and
b) as far as reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.
3) The operator of a mine site must prepare a health control plan for the mine site that sets out the means by which the operator will manage the risks to health associated with mining operations at the mine site in accordance with section 14.
4) The operator of a mine site at which there is a risk to health and safety associated with the mechanical aspects of plant and structures at the mine site must—
a) prepare and implement a mechanical engineering control plan for the mine site that sets out the means by which the operator will manage the risks in accordance with section 14, and
b) ensure the plan is developed and periodically reviewed by a person who is, or who is under the supervision of—
i. the individual nominated to exercise the statutory function of mechanical engineering manager or mechanical engineer at the mine site, or
ii. if no person is required to hold either of the positions at the mine site—a competent person.
5) The operator of a mine site at which there is a risk to health and safety associated with electricity at the mine site must—
a) prepare and implement an electrical engineering control plan for the mine site that sets out the means by which the operator will manage the risks in accordance with section 14, and
b) ensure the plan is developed and periodically reviewed by a person who is, or who is under the supervision of—
i. the individual nominated to exercise the statutory functions of electrical engineering manager or electrical engineer at the mine site, or
ii. if no person is required to hold either of the positions at the mine site—a competent person.
6) The operator of a mine site at which there is a risk to health and safety associated with explosives or explosive precursors at the mine site must prepare an explosives control plan for the mine site that sets out the means by which the operator will manage the risks in accordance with section 14.

Question 18

Communication between outgoing and incoming shifts

WHS (MPS) Regs 2022 Section 31

Answer 18

1) The operator of a mine site at which more than one shift is worked each day must implement a system that ensures, as soon as reasonably practicable at the commencement of each shift—
a) the supervisor of each outgoing shift provides a written report to the supervisor of the incoming shift in relation to the following—
i. the workings at the mine site,
ii. the state of plant,
iii. other matters that relate to work health or safety, and
b) the supervisor of the outgoing shift—
i. gives a written acknowledgment to the supervisor of the incoming shift the accuracy of the report, and
ii. signs, or electronically signs, the acknowledgment, and
c) the supervisor of the incoming shift communicates the content of the report to the workers on the incoming shift, and
d) the supervisor of the incoming shift—
i. gives a written acknowledgment to the supervisor of the outgoing shift that the content of the report has been communicated to workers on the incoming shift, and
ii. signs, or electronically signs, the acknowledgment.

Question 19

Movement of mobile plant

WHS (MPS) Regs 2022 Section 32

Answer 19

1) In complying with section 14, the operator of a mine site must manage risks to health and safety associated with the movement of mobile plant at the mine site.
2) In managing risks to health and safety associated with the movement of mobile plant at the mine site, the operator must have regard to all relevant matters including the following—
a) the design, layout, construction and maintenance of all roads and other areas at the mine site used by mobile plant, including the drainage system for the road or area,
b) risks associated with the terrain or nature of land adjacent to the road or area,
c) interactions between mobile plant, especially between large and small mobile plant,
d) interactions between mobile plant and fixed plant or structures,
e) interactions between mobile plant and pedestrians, including the use of premovement warnings for mobile plant in mine site workings,
f) the operation of remotely controlled mobile plant,
g) the maintenance, testing and inspection of brakes, steering, lights and other safety features of the mobile plant.

Question 20

Explosives and explosive precursors

WHS (MPS) Regs 2022 Section 33

Answer 20

1) In complying with section 14, the operator of a mine site must manage risks to health and safety associated with explosives and explosive precursors at the mine site.
2) In managing risks to health and safety associated with explosives and explosive precursors at the mine site, the operator must—
a) ensure explosives and explosive precursors to be used at the mine site are—
i. safe to handle, and
ii. fit for their intended use, and
iii. as insensitive as reasonably practicable to shock, sparks, friction and the environment in which they will be stored, transported and used, and
iv. as far as reasonably practicable, simple to store, use, transport and control, and
b) ensure dealing with an explosive or explosive precursor at the mine site complies with the Explosives Act 2003 and Australian Standard AS2187 Explosives—Storage, transport and use, and

Question 21

Electrical safety

WHS (MPS) Regs 2022 Section 34

Answer 21

1) In complying with section 14, the operator of a mine site must manage risks to health and safety associated with electricity at the mine site.
2) In managing risks to health and safety associated with electricity at the mine site, the operator must ensure the following—
a) electrical installation work at the surface is carried out in accordance with the Wiring Rules,
b) before a circuit is first energised at the mine site, or is first energised following the circuit being recommissioned—
i. the circuit is tested in accordance with the Wiring Rules by a competent person, and
ii. there is a process in place whereby the operator, or an individual nominated to exercise the statutory functions of electrical engineering manager or electrical engineer at the mine site, can be adequately notified about the testing as soon as reasonably practicable after the testing occurs,
c) adequately rated switchgear is provided that—
i. permits power to be safely switched off and safely restored, and
ii. does not permit automatic restoration of power if there is a risk of electric shock, fire, explosion or unplanned operation of plant,
d) arrangements are in place for switching the power off or restoring power as part of normal operations in the event of a fault or an emergency,
e) for electrical plant at the mine site, other than plant connected and near, to a wall socket with a switch—
i. an isolation facility is provided, and
ii. the electrical plant is clearly identified as being isolated from electricity by the facility, and
iii. the facility is clearly identified as the isolator for the electrical plant, and
iv. persons required to work with the electrical plant are competent in the correct use of the facility,
f) plans of the electrical installations at the mine site showing the following matters are kept and maintained as required and are easily accessible by each worker required to access them—
i. the location of each main electricity reticulation line,
ii. the location of all high voltage cables, aerials and switchgear,
iii. the location, rating, identifying label and purpose of each main isolator, substation and high voltage switchboard,
iv. information required to perform switching programs,
v. the location of all known buried electrical services at the mine site,
vi. for a mine site, other than an underground mine, the general location of each item of high voltage mobile plant supplied with electricity by a trailing cable,
g) arrangements are in place so that mobile electrical plant fed by a flexible reeling or trailing cable—
i. is not connected to power if there is an earth fault in the cable, and
ii. has its power interrupted automatically if the continuity of the connection to earth is interrupted,
h) arrangements are in place to ensure mains-powered hand-held electrical equipment used at the mine site operates at no more than 250 volts and has an earth leakage of not more than 30 milliamperes sensitivity,
i) an effective earth system is provided at the mine site to minimise, as far as reasonably practicable—
i. touch, transfer and step potential, and
ii. the effects of lightning causing the ignition of methane, the ignition of explosives or detonators or the creation of dangerous touch voltages,
j) all electrical installations, other than isolated circuits, have a continuous and effective connection to the earth system,
k) all isolated circuits comply with the Wiring Rules, section 7.4,
l) the electricity supply to all electrical plant and all mobile plant fed via flexible reeling or trailing cables in a mine site, is designed so that—
i. the magnitude of earth fault currents to the plant is limited, in order to control step and touch potentials, and
ii. so far as is reasonably practicable, the most likely type of electrical fault is a low energy earth fault, in order to minimise the amount of energy released,
m) the reliability of electrical safeguards provided to control the risk from both electrical and non-electrical hazards is sufficient for the level of risk being controlled,
n) short circuit protection and over current protection is provided on all circuits, including sub-circuits,
o) except for circuits that are isolated from earth, or that have a supply voltage that is extra-low voltage—
i. earth leakage protection is provided on sub-circuits, and
ii. earth fault protection is provided on all distribution and control circuits.
3) In this section—
competent person means a person who has the qualifications to be nominated to exercise the statutory function of qualified electrical tradesperson at the mine.
Wiring Rules means Australian and New Zealand Standard AS/NZS 3000:2018 Electrical installations, known as the Australian/New Zealand Wiring Rules.

Question 22

Notification of high-risk activities

WHS (MPS) Regs 2022 Section 35

Answer 22

1) The operator of a mine site must ensure a high-risk activity identified in Schedule 3 is not carried out at or in relation to the mine site unless—
a) the operator has given notice of the activity to the regulator, and
b) the waiting period specified in Schedule 3 in relation to the activity has lapsed, subject to—
i. a waiver or reduction of the period under subsection (6), or
ii. an extension of the period under subsection (9), and (c) the activity is carried out in the way specified in the notice, or in the notice as amended under subsection (8).
2) The notice must be given in the approved way and form and must include the following—
a) the nature of the proposed high-risk activity, including particulars of how the activity must be carried out,
b) the proposed commencement date for the activity,
c) the location of the activity,
d) information or documents required by Schedule 3 in relation to the activity,
e) the hazards identified as having the potential to arise from the activity,
f) an assessment of the risks associated with the activity,
g) the relevant parts of the safety management system for the mine site that describe the systems, procedures, plans and other control measures that will be used to control risks to health and safety associated with the carrying out of the activity.
3) The operator of a coal mine must ensure a copy of a notice given to the regulator under this section, including under subsection (8), is also given, as soon as reasonably practicable, to an industry safety and health representative and a site safety and health representative for the mine.
4) If the regulator reasonably believes a notice about a proposed high-risk activity is inadequate, the regulator may inform the operator by a written notice that—
a) the notice given to the regulator is inadequate, and
b) the notice must be resubmitted before the high-risk activity can be carried out.
5) A notice to the regulator is—
a) taken to have been given when it is received by the regulator, or
b) if the regulator informs an operator of a mine site that the notice is inadequate — taken not to have been given.
6) The regulator may waive or reduce the waiting period in relation to a particular high-risk activity.
7) A waiver or reduction under subsection (6) may only occur in relation to a coal mine if the industry safety and health representative who has been notified of the activity is consulted by the regulator in relation to the proposed waiver or reduction.
8) A notice given to the regulator under this section may be amended by the operator giving further written notice to the regulator.
9) The giving of a further notice under subclause (8) does not cause the waiting period to change unless the regulator extends the waiting period by a reasonable time to allow the regulator time to consider the notice as amended.
10) Nothing in this section affects an obligation that a person may have under the WHS laws in relation to the carrying out of a high-risk activity

Question 23

Prohibited items and substances

WHS (MPS) Regs 2022 Section 36

Answer 23

The operator of a mine site must take all reasonable steps to ensure an item or substance specified in Schedule 4 is not used in a place or for a purpose that is prohibited or restricted by the Schedule.

Question 24

Closure, suspension or abandonment of mine site

WHS (MPS) Regs 2022 Section 37

Answer 24

1) If the operator of a mine site closes the mine site, the operator must, at the time of the closure, ensure as far as reasonably practicable that the mine site is safe, including by being secure against unauthorised entry by a person.
2) If mining activities at a mine site are suspended, the operator must, as far as reasonably practicable, ensure the mine site is safe, including by being secure against unauthorised entry by a person during the period of suspension.
3) For subsection (1) or (2), a mine site is not secure against unauthorised entry by a person unless every shaft or outlet to the mine site—
a) is permanently sealed or filled, or
b) is provided with a barrier that is properly maintained.
4) The operator of a mine site must not abandon the mine site.
5) In this section—
operator of—
a) a mine includes the mine holder of the mine.

Question 25

Minimum age to work at mine site

WHS (MPS) Regs 2022 Section 38

Answer 25

1) The mine operator of a mine must take all reasonable steps to ensure—
a) a person under the age of 16 years is not engaged to carry out mining operations work of a kind referred to in the WHS (MPS) Act, section 7(1)(a), (b) or (d).

Question 26

WHS (MPS) Regs 2022 Section 39

Answer 26

1) The mine operator of a mine must ensure arrangements are in place for the regular inspection of the working environment of the mine for the purposes of the WHS laws.
2) The mine operator must ensure, in the making of the arrangements, the following are taken into account—
a) the procedures for conducting inspections,
b) when inspections must be carried out,
c) the persons competent to conduct inspections,
d) the number of competent persons required to conduct each inspection.
3) The mine operator of a mine must ensure a risk assessment is conducted on all areas of the mine when taking account of the matters set out in subsection (2)(a)–(d).

Question 27

Temperature and moisture content of air

WHS (MPS) Regs 2022 Section 40

Answer 27

In complying with section 14, the operator of a mine site must—
a) manage risks to health and safety associated with extremes of either or both the temperature and moisture content of air.

Question 28

Ensuring exposure standards for dust and diesel particulate matter and carbon dioxide not exceeded

WHS (MPS) Regs 2022 Section 41

Answer 28

1) The operator of a mine site must—
a) as far as reasonably practicable, minimise the exposure of persons at the mine site to dust and diesel particulate matter, and
b) ensure no person at the mine site is exposed to 8-hour time-weighted average atmospheric concentrations of airborne dust and diesel particulate matter that is more than—
i. for respirable dust—3mg per cubic metre of air, or for a coal mine, 1.5mg per cubic metre of air, or
ii. for inhalable dust—10mg per cubic metre of air, or
iii. for diesel particulate matter—0.1mg per cubic metre, measured as submicron elemental carbon
3) The Workplace Exposure Standards for Airborne Contaminants apply in relation to a concentration referred to in subsection (1) or (2) as if the concentration were an exposure standard referred to in the document.
4) In this section—

8-hour time-weighted average has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants.

short term exposure limit has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants.

Question 29

Use of air monitoring devices

WHS (MPS) Regs 2022 Section 43

Answer 29

a) The operator of a mine site who uses air monitoring devices to comply with air monitoring requirements under the WHS Regulations, clause 50 and under this Regulation must ensure— the devices are suitable and effective having regard to—
i. the nature of the monitoring being carried out, and
ii. the substance being monitored, and
b) the devices are positioned to ensure they work to best effect.

Question 30

Fitness For Work

Fatigue, alcohol and drugs

WHS (MPS) Regs 2022 Section 45

Answer 30

In complying with section 14, the operator of a mine site must manage risks to health and safety associated with the following—
a) worker fatigue,
b) the consumption of alcohol by workers,
c) the use of drugs by workers.

Question 31

Operation of belt conveyors

WHS (MPS) Regs 2022 Section 46

Answer 31

1) In complying with section 14, the mine operator of a mine must manage risks to health and safety associated with the operation of belt conveyors at the mine.
2) In managing risks to health and safety associated with the operation of belt conveyors at the mine, the mine operator must do the following—
a) ensure all belt conveyors are fitted with an emergency stop system,
b) have regard to all matters relevant to risks associated with the operation of belt conveyors,
c) ensure belt conveyors are regularly inspected by a competent person.

Question 32

Mining induced seismic activity

WHS (MPS) Regs 2022 Section 47

Answer 32

1) In complying with section 14, the mine operator of a mine must manage risks to health and safety associated with mining induced seismic activity at the mine.
2) In managing risks to health and safety associated with mining induced seismic activity at the mine, the mine operator must, as far as reasonably practicable, do the following—
a) ensure appropriate equipment and procedures are used for the monitoring, recording, interpretation and analysis of data relating to mining induced seismic activity and the behaviour of the mine with the activity, commensurate with the level of risk,
b) adopt an effective seismic monitoring plan which contains trigger or action points to ensure actions or procedures are undertaken on the occurrence of certain criteria specified in the plan,
c) ensure the design of the mine mitigates the damage arising from the sudden release of energy from the build-up of mining-induced stresses,
d) ensure geotechnical engineered ground support systems are installed and the systems take into account the following—
i. the intended life of the excavation,
ii. the mining-induced stress changes and potential cycles of loading and unloading,
iii. blast vibrations during development mining and from surrounding stopes,
iv. the potential impact of voids and the management of voids,
v. the tolerance for stability problems and rehabilitation,
vi. the potential for rockburst,
e) ensure the ground support system is designed to contain events that have already been recorded or expected by appropriate modelling, allowing for an appropriate factor of safety,
f) ensure mining by remote methods is implemented when mining areas at risk of high or unpredictable mining induced seismic activity,
g) ensure mine design, mining methods and sequences, ground support design and assumptions and modelling are documented and reviewed on an on-going basis and, where necessary, revised.

Question 33

Inspection plan

WHS (MPS) Regs 2022 Section 88

Answer 33

1) The mine operator of a coal mine must ensure—
a) an inspection plan for the mine is prepared in accordance with this section, and
b) inspections of the mine are carried out in accordance with this section and the plan.
2) As part of the inspection plan for the mine, the mine operator of a coal mine must ensure the following—
a) the mine is divided into inspection areas, each being an area of a size no larger than that which may be reasonably inspected by a competent person within the time allocated to the person,
c) for a coal mine other than an underground coal mine—a production area is identified for each area of the mine at which coal or mineral is extracted that includes—
i. areas where drilling is carried out, or
ii. areas where haul roads, dumps or stockpiles are being used,
d) a boundary of a production area that crosses a roadway on which persons normally travel is identified.
3) The mine operator of a coal mine must ensure the inspection plan for the mine makes provision for the following—
a) the means by which concerns raised around the size of production areas, and the ability of persons responsible to adequately perform required inspections, must be resolved,
b) how a concern arising from an inspection (a safety concern) must be brought to the attention of—
i. persons whose health or safety may be affected, and
ii. the person in the management structure of the mine whose area of responsibility and accountability includes the subject matter of the safety concern (the relevant manager),
c) how a person more senior in the management structure of the mine than the relevant manager, must be notified of the remedial action taken, or not taken, by the relevant manager following a safety concern being raised (a senior manager)
d) how concerns must be brought to the attention of the senior manager about the remedial action taken, or not taken, by the relevant manager following a safety concern being raised,
e) the recording of the results of inspections carried out under the plan,
f) the regular and timely review by relevant managers of reports of inspections and other information provided by persons carrying out inspections.
4) An inspection of each production area at a coal mine, other than an underground coal mine, at which mining operations are taking place must be carried out under the inspection plan at least once every shift.
6) Inspections may be required more frequently than specified in subsection (4) or (5) dependent on the risks present at the particular mine.
7) The inspection of all safely accessible parts of each inspection area at a coal mine must be carried out by—
a) for the inspection of a production area, or former production area, of a coal mine that is not an underground coal mine—a mining supervisor at the mine, or
b) otherwise—a competent person.
8) The mine operator of a coal mine must ensure no person enters a production area after the regular routine of inspections for the area have been interrupted until the production area has been inspected in accordance with this section.
9) The mine operator of a coal mine must ensure workers at the mine are permitted to examine a place where they will work for risks—
a) before commencing work, and
b) during the course of their work.

Question 34

Sampling and analysis of airborne dust

WHS (MPS) Regs 2022 Section 89

Answer 34

1) This section applies to—
a) a coal mine, or
b) a mine other than a coal mine where respirable crystalline silica has been identified as a hazard as a result of air monitoring being carried out under the WHS Regulations, clause 50(1).
2) The mine operator of a mine must ensure sampling and analysis of airborne dust at the mine is carried out by a person who is independent of mining operations at the mine—
a) in accordance with Schedule 6, and
b) at other times as necessary.

Question 35

Duty to prepare emergency plan

WHS (MPS) Regs 2022 Section 91

Answer 35

1) The operator of a mine site must prepare an emergency plan for the mine site in accordance with this Subdivision.
2) In addition to the matters required by the WHS Regulations, clause 43(1) the emergency plan must—
a) address all aspects of emergency response, including by ensuring the following—
i. the establishment of a system that enables all persons at the mine site to be promptly located,
ii. the provision of adequate rescue equipment,
iii. an adequate number of persons trained in the use of rescue equipment are available to respond effectively to the emergency if a person is working at the mine site,
iv. the provision of adequate patient transport if a person is working at a mine site,
v. the provision of appropriate transportation, or suitable means of exit by walking, for persons at risk in an emergency to a place of safety, including during an emergency evacuation, and
b) include a statement of potential triggers for the activation of the plan, and
c) include all matters specified in Schedule 7, and
d) as far as reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.
3) The emergency plan for a mine site must contain an appropriate level of detail about the matters set out in subsection (2)(a)–(c) having regard to all relevant matters, including—
a) the nature, complexity and location of the mining operations, and
b) the risks associated with the operations.
4) An emergency plan under this Regulation and the WHS Regulations may, for a mine site, be referred to as an emergency response control plan.

Question 36

Consultation in preparation of emergency plan

WHS (MPS) Regs 2022 Section 92

Answer 36

1) In preparing an emergency plan, the mine operator of a coal mine must, as far as reasonably practicable, consult with the following—
a) the primary emergency services with responsibility for the area in which the mine is located,
b) for a coal mine—another emergency service organisation, including the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001, that may be required to participate in implementing the emergency plan,
c) in relation to the principal hazards that may cause or contribute to an incident that may adversely affect the health and safety of persons in the area surrounding the mine—the local authority for the local authority area in which the mine is located.
2) The mine operator must ensure the emergency plan addresses recommendations made by the emergency service organisations consulted under subsection (1) in relation to—
a) the testing of the emergency plan, including the way in which it will be tested, the frequency of testing and whether or not the emergency service organisations will participate in the testing, and
b) what incidents or events at the mine should be notified to the emergency service organisations.
3) The mine operator must have regard to other recommendation or advice given by a person consulted under subsection (1).
4) In this section— council has the same meaning as in the Local Government Act 1993. local authority means—
a) if the mine is located on land in a local government area—the council, or
b) if the mine is located in an area within the Western Division that is not within the area of a council—the person nominated by the Minister from time to time for the purposes of this section.

Question 37

Implementation of emergency plan

WHS (MPS) Regs 2022 Section 93

Answer 37

The operator of a mine site must immediately implement the emergency plan for the mine site in the event of an emergency.

Question 38

Copies to be kept and provided

WHS (MPS) Regs 2022 Section 94

Answer 38

1) The operator of a mine site must keep a copy of the emergency plan for the mine site at the mine site.
2) The operator must ensure a copy of the emergency plan is available on request to an emergency service organisation consulted under section 92.

Question 39

Resources for emergency plan

WHS (MPS) Regs 2022 Section 95

Answer 39

The operator of a mine site must ensure—
a) all resources, including rescue equipment, specified in the emergency plan for the mine site are provided in accordance with the plan, and
b) all resources required for the effective implementation of the emergency plan are provided, and
c) all plant and equipment, including communications systems and rescue equipment, specified in the emergency plan is regularly inspected and maintained in good working order.

Question 40

Testing of emergency plan

WHS (MPS) Regs 2022 Section 96

Answer 40

1) The operator of a mine site must test the emergency plan for the mine site—
a) every 12 months, and
b) as soon as reasonably practicable after there has been a significant revision to the plan.
2) The test must address the recommendations made by an emergency service organisations consulted under section 92 in preparing the plan.

Question 41

Review of emergency plan

WHS (MPS) Regs 2022 Section 97

Answer 41

1) The operator of a mine site must ensure the emergency plan for the mine site is reviewed and as necessary revised—
a) at intervals of no more than 12 months, and
b) as soon as reasonably practicable after there has been a significant change to the mining operations at the mine site.
2) A review under subsection (1) must include a review of the training of workers under section 98 and a review of the testing of the plan.
3) If a control measure is revised under the WHS Regulations, clause 38, or this Regulation, section 15, the operator of the mine site must ensure the emergency plan is reviewed and as necessary revised in relation to all aspects of risk control addressed by the revised control measure.

Question 42

Training of workers

WHS (MPS) Regs 2022 Section 98

Answer 42

The operator of a mine site must ensure workers at the mine site are trained in relation to the emergency plan—
a) before commencing work at the mine site, and
b) as soon as reasonably practicable after a significant revision to the plan.

Question 43

Duty to inform workers about safety management system

WHS (MPS) Regs 2022 Section 106

Answer 43

1) The operator of a mine site must ensure the following occurs before a worker commences work at the mine site—
a) the worker is given a summary of the safety management system for the mine site that is relevant to the worker’s work at the mine site,
b) the worker is informed of the right to see the documented safety management system for the mine site prepared under section 18,
c) the worker is given a summary of each principal hazard management plan prepared under section 28 that relates to the risks that may arise during the worker’s work at the mine site,
d) the worker is informed of the right to see a principal hazard management plan prepared under section 28.
2) The operator must ensure the documented safety management system is available on request to a worker at the mine site.
3) The operator of a mine site must ensure the following plans, if required to be prepared in relation to the mine site, are readily accessible to all workers at the mine site—
a) each principal control plan,
b) the ventilation control plan,
c) the emergency plan.
4) If the safety management system is revised under section 22, the operator must, as far as reasonably practicable, ensure a worker at the mine site is made aware of the revision if the revision is relevant to work being carried out by the worker.

Question 44

Duty to provide information, training and instruction

WHS (MPS) Regs 2022 Section 107

Answer 44

1) This section applies in addition to the WHS Regulations, clause 39.
2) The operator of a mine site must ensure each worker at the mine site is provided with suitable and adequate information, training and instruction in relation to the following—
a) hazards associated with the work being carried out by the worker,
b) the implementation of control measures relating to the work being carried out by the worker, including control measures in relation to fatigue, the consumption of alcohol and the use of drugs,
c) the content and implementation of the relevant parts of the safety management system for the mine site,
d) the emergency plan for the mine site,
e) the safety role for workers implemented under section 114.
3) A person conducting a business or undertaking at a mine site must ensure each worker engaged by the person is trained, and is competent, in basic risk management techniques used at the mine site having regard to the nature of the work carried out by the worker.

Question 45

Duty to provide induction for workers

WHS (MPS) Regs 2022 Section 108

Answer 45

The operator of a mine site must ensure, before a worker commences work at the mine site, the worker is given information, training and instruction on the safety management system for the mine site that is designed to provide the worker with knowledge of all relevant aspects of the safety management system.

Question 46

Information for visitors

WHS (MPS) Regs 2022 Section 109

Answer 46

The operator of a mine site must ensure a visitor who enters the mine site with the authority of the operator is, as soon as reasonably practicable—
a) informed about risks associated with mining operations to which the visitor may be exposed at the mine site, and
b) instructed in health and safety precautions the visitor should take at the mine site, and
c) instructed in the actions the visitor should take if the emergency plan for the mine site is implemented while the visitor is at the mine site.

Question 47

Review of information, training and instruction

WHS (MPS) Regs 2022 Section 110

Answer 47

The operator of a mine site must ensure information, training and instruction provided to workers under sections 106–108 or to visitors under section 109 are reviewed and as necessary revised to ensure they remain relevant and effective.

Question 48

Record of training

WHS (MPS) Regs 2022 Section 111

Answer 48

The operator of a mine site must—
a) make a record of training provided to a worker under section 107, and
b) keep the record while the worker remains engaged at the mine site, and
c) ensure the record is made available on request to the worker.

Question 49

Safety role for workers in relation to principal hazards—the WHS Act, s 276(3)(h) and Sch 3, cl 5

WHS (MPS) Regs Section 114

Answer 49

The operator of a mine site must implement a safety role for the workers at the mine site that enables the workers to contribute to—
a) the identification under section 27 of principal hazards that are relevant to the work the workers are or will be carrying out, and
b) the consideration of control measures for risks associated with principal hazards at the mine site, and
c) the consideration of control measures for risks to be managed under principal control plans, and (d) the conduct of a review under section 29.

Question 50

Duty to consult with workers—the WHS Act, ss 49 and 276(3)(h)

WHS (MPS) Regs 2022 Section 115

Answer 50

For the WHS Act, section 49(f), the operator of a mine site must consult with workers at the mine site in relation to the following—
a) developing, implementing and reviewing the safety management system for the mine site,
b) conducting risk assessments for principal hazard management plans,
c) conducting risk assessments for principal control plans,
d) preparing, testing and reviewing the emergency plan for the mine site,
e) implementing the workers’ safety role under section 114,
f) developing and implementing strategies to protect persons at the mine site from a risk to health and safety arising from the following—
i. the consumption of alcohol or use of drugs by a person,
ii. worker fatigue.

Question 51

Duty to notify regulator of certain incidents

WHS (MPS) Regs 2022 Section 124

Answer 51

1) The operator of a mine site must take all reasonable steps to ensure the regulator is notified in accordance with this section after becoming aware of an incident, other than a notifiable incident, arising out of the carrying out of mining operations at the mine site, but only if the incident—
a) results in an illness or injury that requires medical treatment within the meaning of Schedule 9, section 12, or
b) is a high potential incident.
2) The notification must also be made to an industry safety and health representative if the incident occurs at a coal mine.
3) The operator must ensure the regulator is notified as soon as reasonably practicable after becoming aware of the incident, but no later than the earlier of the following—
a) 7 days after becoming aware of the incident,
b) 48 hours after becoming aware the incident resulted in an illness or injury.
4) The notification must—
a) be written, and
b) be in the approved way and form, and
c) for an incident that results in an illness or injury—contain the details specified in Schedule 8.

Question 52

high potential incident means

Answer 52

high potential incident means the following—
a) an event referred to in section 190(1) that would have been a dangerous incident if a person were reasonably in the vicinity at the time when the incident or event occurred and in usual circumstances a person could have been in the vicinity at the time,
b) an unplanned fall of ground, roof or sides that impedes passage, extends beyond the bolted zone or disrupts production or ventilation,
c) a failure of ground support where persons may have been present,
d) the burial of machinery where it cannot be recovered under its own tractive effort,
e) progressive pillar failure or creep,
f) a sudden pillar collapse,
g) a misfire or unplanned explosion of an explosive or explosive precursor, but not a misfire at a mine site other than a coal mine if the misfired explosive may be fired without significant risk to a person,
h) an unplanned event that causes the emergency evacuation of more than 1 person from the mine site or part of the mine site,
i) an indication from monitoring data of the development of subsidence that may result in damage to plant or structures or a failure of ground,
j) an injury to a person, supported by a medical certificate, that results in or is likely to result in the person being unfit, for a continuous period of at least 7 days, to perform the person’s usual activities at the person’s place of work,
k) the illness of a person, supported by a medical certificate, that is related to a work process and that results in or is likely to result in the person being unfit, for a continuous period of at least 7 days, to perform the person’s usual activities at the person’s place of work,
l) a person is exposed to an 8-hour time-weighted average atmospheric concentration of airborne dust and diesel particulate matter that is more than the amounts specified in section 41(1)(b),
m) a 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),
n) a 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,
o) an uncontrolled fire on mobile plant that is in operation, whether operated directly, remotely or autonomously,
p) a loss of control of heavy earthmoving machinery that is operated remotely or autonomously, including a failure of braking or steering,
q) spontaneous combustion occurring at the surface of a coal mine.

Question 53

Duty to notify regulator of other matters

WHS (MPS) Regs 2022 Section 125

Answer 53

1) This section does not apply to an opal mine.
2) The operator of a mine site must give notice of a reportable event for the mine site—
a) before the event occurs, and
b) for the recommencement of normal mining operations at a mine following a significant interruption to, or suspension of, mining activities at the mine—as soon as reasonably practicable after the operator becomes aware that the mining operations will recommence.
3) A notice in relation to the reportable event of the commencement of mining operations at a mine must include the following—
a) the date of the commencement of mining operations at the mine,
b) the date mining operations at the mine are intended to conclude,
c) the global positioning system coordinates of the area covered by the mine, not including the coordinates of the location of drill holes,
d) details of the scope, character and location of the mining operations at the mine,
e) details of the minerals sought, extracted or otherwise dealt with at the mine,
f) whether the mine has an underground mine,
g) identification details of the persons nominated to exercise key statutory functions at the mine and the competency of the persons to exercise the functions.
4) A notice in relation to the reportable event of the commencement of mining operations at a coal mine must include the following in addition to the matters set out in subsection (3)—
a) the positions in the management structure that have responsibility for the management of work health and safety at the mine, including persons nominated to exercise a key statutory function at the mine, and the names of the persons and their contact details,
b) a list of the principal hazards that are anticipated in the conduct of the mining operations at the mine,
c) an outline of the contents of the safety management system for the mine,
d) an outline of each principal hazard management plan and principal control plan, including a list of the codes, standards or guidelines referred to in the plans.
6) The regulator may require an operator of a mine site to provide, by notice, additional particulars in relation to—
a) a matter referred to in subsection (3), (4) or (5), or
b) the performance of duties by the operator.
7) The operator of a mine must give notice of a proposed material change to information provided under subsection (3)(g) as soon as reasonably practicable after the mine operator becomes aware the change is proposed to occur.
8) The mine operator of a coal mine must give notice of a proposed material change to information provided under subsection (4) as soon as reasonably practicable after the mine operator becomes aware the change is proposed to occur.
9) A notice under this section must—
a) be written, and
b) be given to the regulator, and
c) for a coal mine—be given to an industry safety and health representative, and
d) be given in the approved way and form.
10) An operator of a mine site is not required to give notice before the occurrence of a reportable event or proposed change if the operator—
a) did not intend the occurrence of the event or change, and
b) could not have reasonably foreseen the occurrence of the event or change, and
c) gives notice as soon as reasonably practicable after the occurrence of the event or change.
11) An operator of a mine is not required to give notice in relation to a significant interruption to, or suspension of, mining activities at the mine if the operator has already notified the regulator of the interruption or suspension in relation to an incident referred to in section 124 or a notifiable incident.
12) The regulator may, on the application of an operator of a mine site, waive or vary a requirement for the giving of notice under this section.
13) Before waiving or varying a requirement for a coal mine, the regulator must take reasonable steps to inform an industry safety and health representative of the proposed waiver or variation.
14) The operator of a mine site must ensure a notice required by or under this section is given in accordance with this section.

Question 54

reportable event, for a mine, means

Answer 54

reportable event, for a mine, means the following events—
a) the commencement of mining operations at the mine,
b) a significant interruption to, or suspension of, mining activities at the mine,
c) the recommencement of normal mining operations at the mine following an event referred to in paragraph (b),
d) the commencement of intermittent mining operations at the mine,
e) the connection of an electricity supply to the mine, but not if a person is nominated to exercise the statutory function of electrical engineering manager or electrical engineer at the mine,
f) the closure of the mine.

Question 55

Work health and safety reports

WHS (MPS) Regs 2022 Section 126

Answer 55

1) The mine operator of a mine must give the regulator a work health and safety report in accordance with this section.
2) The report must—
a) be given at the times or intervals, including annually, required by the regulator, and
b) be given in the approved way and form, and
c) contain the information specified in Schedule 9.
3) This section does not apply to—
a) a mine, other than a coal mine, at which the total number of hours worked by all workers at the mine during the reporting period is less than 10,000 hours, including additional hours and overtime, or
b) a mine, including a mineral exploration site, at which no mining operations are carried out during the reporting period other than activities carried out for the purpose of exploring for minerals.
4) In this section—
reporting period means the 12-month period ending on 30 June in each year.

Question 56

Ancillary reports

WHS (MPS) Regs 2022 Section 127

Answer 56

1) The regulator may, by notice published in the Gazette, specify—
a) classes of incidents that require an ancillary report to be provided to the regulator under this section, and
b) the form of the ancillary report, and
c) information or documents that must be included in the ancillary report.
2) A person who conducts a business or undertaking at a mine site, including the operator of the mine site, must provide an ancillary report of an incident to the regulator if the incident is of a class specified in a notice under subsection (1).
3) An ancillary report under this section must—
a) contain the information or documents specified in the notice, and
b) be in the form specified in the notice, and
c) be provided to the regulator no later than 30 days after the incident was required to be notified to the regulator.
4) In this s ection—
incident means a notifiable incident or an incident referred to in section 124.

Question 57

Duty to notify operator of notifiable incident

WHS (MPS) Regs 2022 Section 128

Answer 57

A person who conducts a business or undertaking at a mine site must ensure the operator is notified as soon as reasonably practicable of a notifiable incident that has been notified to the regulator under the WHS (MPS) Act, section 15(2).