Mines Safety and Inspection Act 1994

Mines Safety and Inspection Regulations 1995

 

Mines Safety and Inspection Regulations 1995

Contents

Part 1 — Preliminary

1.1.Citation1

1.2.Commencement1

1.3.Terms used1

1.4.Exemption — if substantial compliance4

1.5.Exemption — if compliance unnecessary or impracticable5

Part 2 — Administration

Division 1 — Inspectors

2.1.Issue of receipt for things taken6

Division 1A — Improvement notices, prohibition notices and provisional improvement notices

2.4A.Prescribed requirements for s. 31AK, 31AL and 31BK(1) of Act6

Division 2 — Safety and health representatives

2.5.Prescribed procedure for resolution of disputes7

2.6.Introductory courses for safety and health representatives8

2.6A.Training courses for qualified representative under s. 31BF of Act11

Division 3 — Board of Examiners

Subdivision A — Preliminary

2.7.Terms used11

Subdivision B — Constitution and proceedings

2.8.Constitution — mine manager’s and underground supervisor’s certificates12

2.9.Constitution — quarry manager’s certificate12

2.10.Constitution — underground coal mine certificates13

2.11.Constitution — winding engine driver’s certificate13

2.12.Procedure if body fails to nominate13

2.13.Appointment of members14

2.14.Vacation of office14

2.15.Deputies14

2.16.Chairperson14

2.17.Quorum14

2.18.Meetings15

2.19.Voting15

2.20.Examination of applicants15

Subdivision C — Issue of certificates of competency

2.21.First class mine manager’s certificate15

2.22.Quarry manager’s certificate17

2.23.Underground supervisor’s certificate19

2.24.Deputy’s certificate21

2.25.Restricted quarry manager’s certificate22

2.26.Classes of winding engine driver’s certificates24

2.27.Winding engine driver’s certificate — Class I24

2.28.Winding engine driver’s certificate — Class II25

2.29.Board may restrict certificate26

2.30.Applications26

2.31.Fees27

2.32.Register of certificates27

2.33.Replacement certificates27

Subdivision D — Requirements to hold certificates of competency

2.34.Person not to act as shift supervisor or deputy without certificate28

2.35.Person not to act as underground manager without certificate28

2.36.Person not to act as quarry manager without certificate29

2.37.Person not to operate winding engine without certificate30

Part 3 — Management of mines

Division 1 — Exploration operations

3.1.Application of Division31

3.2.Prescribed place at which record book to be kept31

3.3.Provision of information — earth disturbing operations31

3.4.Provision of information — other operations31

3.5.Remedial work32

3.6.Training of persons32

3.7.Suitable equipment to be provided33

3.8.Entry into disused mine workings33

3.9.Drilling and excavation operations33

Division 2 — Notification of commencement or suspension of mining operations

3.10.Term used: notification33

3.11.Notification to be in writing33

3.12.General details to be included in notification33

3.13.Project management plan to be provided for mine operations34

3.14.Details to be included in notification of suspension35

3.15.Details to be included in notification of recommencement35

3.16.Details to be included in notification of abandonment36

Division 2A — Further requirements for record book entries under section 38(2), (4) and (6)

3.16A.Matters to be recorded36

Division 3 — Inspection of workplaces

3.17.Terms used38

3.18.Registered manager to ensure inspections carried out in accordance with this Division38

3.19.Inspection of workplaces in quarry operations38

3.20.Inspection of underground workplaces in coal mines38

3.21.Inspection of other underground workplaces39

3.22.Inspection of other workplaces39

Division 4 — Health surveillance

Subdivision A — Preliminary

3.23.Terms used40

Subdivision B — Health surveillance system

3.24.Effect of Subdivision41

3.27.Health assessment41

3.28.Biological monitoring42

3.29.Categories of employees who do not require health surveillance43

3.30.Employer responsible for arranging health surveillance43

Subdivision C — Information on health surveillance

3.31.Medical practitioner to provide results of health assessment44

3.33.Department to keep records44

3.34.Mines occupational physician44

3.35.Health surveillance records to be confidential records45

3.36.Employee may request copy of record45

3.37.Employer may find out whether employee has previously been assessed45

3.38.Confidentiality45

3.39.Notice of occupational disease46

3.40.Remedial action46

Division 5 — Notice of accidents

3.41.Requirements if notice in writing47

3.42.Monthly status report form47

Division 6 — Surveys and plans

3.43.Term used: Board47

3.44.Mines Survey Board47

3.45.Authorised mine surveyor’s certificate — grades48

3.46.Requirement to hold authorised mine surveyor’s certificate49

3.47.Issue of authorised mine surveyor’s certificate49

3.49.Instruments and accuracy51

3.50.Datum station and co‑ordinator51

3.51.Particulars required in mine plans52

3.52.When plans must be provided to State mining engineer54

3.53.Form of plans54

3.54.Plan of scene of fatal accident55

Part 4 — General safety requirements

Division 1 — General

4.1.Protective clothing and equipment56

4.2.Confined spaces57

4.3.Hot work procedures57

4.4.Guards and handrails57

4.5.Fall arrest equipment58

4.6.Conveyor haulage safety59

4.7.Intoxicating liquor or drugs60

4.8.Weather protection61

4.9.Debris in open cut working61

4.10.Safety signs62

4.11.Flood protection62

4.12.Use of compressed air63

4.13.Induction and training of employees63

4.14.Training in safety procedures relating to use of helicopters64

4.15.Roll over protection for surface earth moving machinery64

4.16.Seat belts for vehicles65

4.17.English language requirements66

Division 2 — Construction work

4.18.Term used: construction work66

4.19.Division does not apply to underground construction work67

4.20.Construction work to be carried out by competent persons67

4.21.Appointment of responsible person and supervisors67

4.22.Compliance with Australian or Australian/New Zealand Standards68

Division 3 — Emergency preparation

4.23.Terms used69

4.24.First aid equipment to be provided69

4.25.Resuscitation equipment70

4.26.First aid personnel70

4.27.First aid vehicles70

4.28.Information about first aid71

4.29.Additional first aid equipment71

4.30.Preparation of emergency plan71

4.31.Emergency exits to be provided for surface operations72

4.32.Emergency lighting73

4.33.Mine rescue equipment for underground mines73

4.34.Self rescuers in underground mines74

4.35.Procedures for accounting for persons in underground mines74

4.36.Specific emergency precautions required to be taken for underground mines75

4.37.Flammable materials or explosives not to be stored near mine openings76

Part 5 — Electricity in mines

5.1.Terms used77

5.2.Notice of intention to install electricity supply78

5.3.Installations and equipment to be in accordance with AS/NZS Standard78

5.4.Hazardous areas78

5.5.Unauthorised access79

5.6.Interference or damage79

5.7.Switching on or cutting off of electrical supply79

5.8.Working space79

5.9.Electrical work to be carried out by licensed persons80

5.10.Electrical supervisors80

5.11.Duties of electrical supervisor81

5.12.Defects to be reported82

5.13.Records to be kept82

5.14.Details of electrical installing work82

5.15.Fire extinguishers83

5.16.Main switches83

5.17.Notices to be displayed83

5.18.High voltage installations83

5.19.Installation of cables84

5.20.Cable coverings85

5.21.Trailing cables and reeling cables85

5.22.Signals and telephones86

5.23.Earthing systems86

5.24.Earth leakage protection87

5.25.Electric trolley wire systems87

5.26.Lightning protection88

5.27.Maintenance of electrical equipment88

5.28.Overhead powerlines89

5.29.Isolation of equipment90

5.30.Labelling of equipment90

5.31.Cables installed in ground91

5.32.Earth continuity protection and monitoring92

Part 6 — Safety in using certain types of plant in mines

Division 1 — Preliminary

6.1.Terms used93

Division 2 — General duties relating to items of plant

6.2.Plant to be maintained and operated in safe manner99

6.3.Designer to identify hazards associated with plant and to assess risks102

6.4.Designer to reduce identified risk of exposure102

6.5.Designer to provide information103

6.6.Manufacturer to identify hazards and to assess and reduce risks if designer outside jurisdiction104

6.7.Hazard identification during manufacturing process104

6.8.Manufacturer to reduce risk of exposure to identified hazards104

6.9.Importer to identify hazards and to assess and reduce risks if both designer and manufacturer outside jurisdiction105

6.10.Importer to reduce risk of exposure to hazards105

6.11.Importer to provide information as to intended use and other safety information105

6.12.Supplier’s duties106

6.13.Supplier to provide safety information106

6.14.Duties of person becoming supplier through hiring or leasing arrangement107

6.15.Installer or erector to identify hazards associated with plant and to assess risks107

6.16.Installer or erector to reduce risks identified108

6.17.Employer to identify hazards associated with plant and to assess risks109

6.18.Employer to reduce risks identified110

6.19.Person to provide design information to design contractor111

6.20.Employer’s duties in relation to installation, maintenance etc. of plant111

6.21.Employer to prevent unsafe use of plant112

6.22.Employer’s duties when plant is damaged or repaired113

6.23.Employer’s duties when design of plant is altered113

6.24.Employer’s duties when dismantling, storing or disposing of plant114

6.25.Employer’s duties to keep records114

6.26.Plant under pressure115

6.27.Plant with moving parts116

6.28.Plant with hot or cold parts117

6.29.Electrical plant and plant exposed to electrical hazards117

6.30.Industrial robots etc.118

6.31.Lasers119

Division 3 — Classified plant

6.32.Application119

6.33.Design, construction and testing of plant119

6.34.Registration of plant120

6.35.Repair or modification of plant121

6.36.Reporting of incidents affecting registered plant121

6.37.Requirements for operators and drivers122

6.38.Plant load or capacity not to exceed manufacturer’s specifications125

6.39.Prohibition on damage or removal of guards etc.125

6.40.Plant to be used only if inspected126

Part 7 — Occupational health

Division 1 — Noise control

7.1.Terms used127

7.2.All measurements to be as if ear unprotected127

7.3.Action level for noise127

7.4.Noise to be reduced as far as practicable128

7.5.Reduction of noise128

7.6.Personal hearing protectors128

7.7.Duty to inform, instruct and train persons about hearing risks129

7.8.Noise report to be prepared129

7.9.Additional noise report to be prepared129

7.10.Noise reports130

7.11.Duties after noise report is prepared130

Division 2 — Hygiene and sanitation

7.12.Sanitation facilities131

7.13.Toilet facilities131

7.14.Prevention of pollution of workings131

7.15.Waste timber and other materials not to accumulate underground132

7.16.Stagnant water not to accumulate underground132

7.17.Eating places133

7.18.Drinking water133

7.19.Change rooms134

Division 3 — Hazardous substances

7.20.Terms used135

7.21.Material safety data sheets136

7.22.Containers to be appropriate136

7.23.Disposal of containers136

7.24.Labels137

7.25.Register of hazardous substances137

7.26.Enclosed systems138

7.27.Risk assessment138

7.28.Means of reducing risk of exposure to hazardous substances138

7.29.Workplace atmospheric contaminant monitoring to be provided139

7.30.Health surveillance139

Part 8 — Explosives

Division 1 — Preliminary

8.1.Terms used140

Division 2 — General

8.1A.Explosives, requirements in relation to141

8.2.Division does not apply to underground coal mining141

8.5.Underground magazines141

8.7.Lights142

8.10.Faulty explosive in magazine143

8.11.Removal on closure of mine143

8.13.Smoking prohibited143

8.14.Handling and transport144

8.16.Storage of detonators145

8.17.Detonator capping station145

8.19.Safety fuse — burning rate146

8.20.Safety fuse — length147

8.21.Drilling precautions — underground147

8.22.Drilling precautions — surface mining operations148

8.23.Charging operations — underground149

8.24.Charging operations — surface mining operations150

8.25.Firing warnings — underground151

8.26.Firing warnings — surface mining operations152

8.27.Firing times — underground153

8.28.Firing times — surface mining operations154

8.29.Special blasts underground155

8.30.Fly rock surface mining operations155

8.31.Firing with safety fuse156

8.32.Electrical firing157

8.33.Testing electrical firing circuits157

8.34.Electrical blasting accessories158

8.35.Electric detonators158

8.36.Electric firing circuits159

8.37.Mains firing, connection of faces160

8.38.Firing during electrical storms161

8.39.Mains firing161

8.41.Blasting agent — charging holes162

8.42.Suspension of work following firing163

8.43.Misfires163

8.44.Suspension of work — underground misfires164

8.45.Suspension of work — misfires in surface mining operations164

8.46.Time interval and inspection164

8.47.Remedial action — refiring165

8.48.Misfires using safety fuse165

8.49.Failed refiring — surface mining operations166

8.50.Burning without exploding166

8.51.Recharging of holes166

8.52.Blasting under water167

8.53.Term used: relevant procedure167

8.54.Blasting in hot material167

8.55.Blasting in oxidising or reactive ground168

8.56.Demolition blasting169

Part 9 — Ventilation and control of dust and atmospheric contaminants

9.1.Terms used170

9.2.Determination of different exposure standard171

9.3.Ventilation officer to be appointed172

9.4.Qualifications of ventilation officer172

9.5. Duties of ventilation officer — underground173

9.6. Duties of ventilation officer — surface mining operations175

9.7. Ventilation log book176

9.8. Ventilation system defects to be rectified176

9.9. Abrasive blasting equipment176

9.10. Crushing and processing plant177

9.11. Exposure standards178

9.12. Control of atmospheric contaminants178

9.13. Sampling of atmospheric contaminants180

9.14. Air in underground workplaces180

9.15. Air temperature181

9.16. Air sources182

9.17. Suppression of dust — drilling operations182

9.18. Water used to suppress dust must not be polluted183

9.19. Use of dust collection and dust suppression appliances183

9.20. Ventilating fans and equipment183

9.21. Control of air distribution underground184

9.22. Fumes from blasting185

9.23. Wetting down after blasting186

9.24. Compressed air underground186

9.25. Air conditioning and refrigeration187

9.26. Tailings filled stopes — atmospheric contaminants188

9.27. Ventilation system may be cut off in disused areas188

9.28. Ventilation plans for underground mines189

9.29.Monitoring of toxic, asphyxiant and explosive gases189

9.30. Protection of employees from chemical fumes190

9.31. Smoking prohibited in certain workplaces191

9.32. Removal of asbestos191

9.32A.Asbestos not to be used191

9.33. Control of contaminant asbestos196

9.34. Electric vehicles underground197

9.35. Preparation of dust plan for underground coal mine197

9.36. Barriers in underground coal mines198

9.37. Stone dust quality in underground coal mines199

Part 10 — Specific requirements for underground mines

Division 1 — Application

10.1. Application of Part200

Division 2 — General

10.2. Term used: flame safety lamp plan200

10.3. Underground workers must read and speak the English language200

10.4. Persons under 18 years of age not to be employed underground200

10.5. Persons working alone201

10.6. Lamps for persons underground201

10.7. Preparation of flame safety lamp plan for underground coal mines202

10.8. Naked flames prohibited in underground coal mines203

10.9. Possession of matches and lighters prohibited in underground coal mines203

10.10. Means of entry and exit204

10.11.Stope to have 2 travelling ways205

10.12. Workers to be withdrawn if danger exists205

10.13. Excavations to be kept safe207

10.14. Lights in working levels etc.207

10.15. Communication — surface to underground208

10.16. Levels to have safe entry209

10.17. Shaft entrances to be fenced209

10.18. Approaching dangerous water209

10.19.Dams and plugs210

10.20.Winze sinking operations211

10.21. Rise operations212

10.22. Travelling ways in shafts212

10.23. Travelling ways to be made safe213

10.24. Travelling ways to have safety nooks213

10.25. Ladderways and footways213

10.26. Ladderway in shafts214

10.27. Procedures when workings are approaching each other214

10.28. Geotechnical considerations215

10.29. Sulphide dust ignitions216

10.30. Shift communications217

10.31. Chute and pass safety precautions218

10.32. Record of persons underground219

10.33. Reflective material on clothing219

10.34. Shrinkage stoping or development219

10.35. Vertical opening safety procedures220

Division 3 — Loading and transport

10.36. Terms used220

10.37. Trackless units — maintenance221

10.38. Trackless units — braking systems221

10.39. Trackless units — condition of haulage way222

10.40. Trackless units — traffic control223

10.41. Unattended trackless units224

10.42. Maintenance of trackless units224

10.43. Trackless units with restricted vision must have warning signal225

10.44. Rail haulage plan225

10.45. Remote controlled equipment226

10.46. Overhead protection on underground mining equipment227

Division 4 — Diesel units

10.47. Terms used228

10.48. Diesel engines only to be used229

10.49. Flame proofing of diesel engines in underground coal mines229

10.50. Registration of diesel units used underground229

10.51. Specifications and testing of diesel units231

10.52. Ventilating air requirements for diesel unit operations232

10.53. Exhaust treatment device234

10.54. Undiluted exhaust gas sampling234

10.55. Opacity of exhaust emission235

10.56. Testing costs, methods and equipment236

10.57. Records236

10.58. Fuelling and servicing237

10.59. Fire suppression237

10.60. Fuel transport and storage238

Part 11 — Winding, winding ropes and signals

Division 1 — Preliminary

11.1. Terms used239

Division 2 — Provisions applicable to all winding operations

11.2. Application of Division239

11.3. Notice of intention to install winding system239

11.4. Approval of winding system240

11.5. Testing241

11.6. Notice of intention to repair or modify winding system242

11.7. Approval of repair or modification242

11.8. Winding engine log book243

11.9. Winding engines — shift records243

11.10. Winding engine to be available244

11.11. Testing of hoist drivers245

11.12. Winding engine drivers to have medical examinations246

11.13. Winding engine drivers not to work for more than 8 hours247

11.14. Winding engine — power required248

11.15. Power cut off248

11.16. Indicators and gauges248

11.17. Speed control249

11.18. Brakes249

11.19. Persons or material not to be lowered by brake250

11.20. Stop switch251

11.21. Driver not to be spoken to while on duty251

11.22. Hoist controls251

11.23. Acceleration control251

11.24. Control selection252

11.25. Push button controls252

11.26. Cage to be supported when repairs being carried out253

11.27. Prevention of overwind253

11.28. Backing out devices254

11.29. Winding engine fire precautions254

11.30. Signalling system254

11.31.Code of Signals255

11.32.Code of Signals to be displayed258

11.33. Signals to be known258

11.34. Signals to be clear and correct259

11.35. Signals to be returned260

11.36. Communication by voice restricted260

11.37. Shaft guides260

11.38. Winding ropes — specifications261

11.39. Winding ropes — history261

11.40. Winding rope log book262

11.41. Winding ropes — records262

11.42. Winding ropes — splicing263

11.43. Winding ropes — capping263

11.44. Winding ropes — factors of safety264

11.45. Winding ropes and guide ropes — discard264

11.46. Winding ropes — maintenance264

11.47. Guide ropes and rubbing ropes265

11.48. Hoist inspection265

11.49. Winding installations — inspection266

11.50. Shaft conveyances — coupling268

11.51. Shaft conveyances — testing after repairs268

11.52. Shaft conveyances — overhead protection269

11.53. Shaft conveyances — design and construction269

11.54. Shaft conveyances — embarking and disembarking facilities269

11.55. Cages to be used in shafts269

11.56. Use of ore skip by persons271

11.57. Persons not to travel with material271

11.58. Cage and skip attachments — design272

11.59. Cage and skip attachments — records273

Division 3 — Drum winding operations

11.60. Application of Division274

11.61. Ropes — factors of safety274

11.62. Ropes — testing and maintenance274

11.63. Ropes — lubrication276

11.64. Flanges on drums276

11.65. Drum and head sheave diameters276

11.66. Drum winder brakes277

11.67. Rope detaching appliances278

11.68. Drum winding in single gear279

11.69. Cage safety, appliances and testing279

Division 4 — Friction winding operations

11.70. Application of Division280

11.71. Ropes — factors of safety280

11.72. Ropes — testing281

11.73. Ropes — period of service282

11.74. Ropes — testing after discarding283

11.75. Ropes — dressing restricted283

11.76. Ropes — splicing prohibited283

11.77. Ropes — tension adjustment283

11.78. Arresting devices284

11.79. Driving sheave284

11.80. Deflection sheave284

11.81. Friction winder brakes285

11.82. Rope detaching appliances286

11.83. Synchronizing devices286

11.84. Slip and direction indicators287

11.85. Loading limitations287

11.86. Cage chairing devices287

11.87. Overwound conveyance arrester287

11.88. Shaft sump to be kept clear288

11.89. Inspection of shaft sump288

Part 12 — Shaft sinking

12.1. Application of Part289

12.2. Relationship to Part 11289

12.3. New shaft sinking operations289

12.4. Approval of shaft sinking operations290

12.5. Use of crane290

12.6. Alternative means of travel292

12.7. Factors of safety292

12.8. Inspection and maintenance of ropes292

12.9. Monkeys, crossheads and other conveyances293

12.10. Kibbles and attachments293

12.11. Overfilling of kibbles or skips294

12.12. Interlocking294

12.13. Firing295

12.14. Pentices295

12.15. Timber bearer sets295

12.16. Protection295

12.17. Warning of obstruction296

12.18. Signals296

12.19. Hoisting and lowering of shaft sinking stage296

Part 13 — Surface mining operations

13.1. Application of Part298

13.2. Motor vehicle brakes298

13.3. Motor vehicle safety equipment299

13.4. Loading precautions300

13.5. Dumping precautions300

13.6. Lighting301

13.7. Bench widths and open pit roads302

13.8.Geotechnical considerations303

13.9.Precautions in working faces and benches304

13.10. Sluicing operations305

13.11. Restriction of access306

13.12. Stockpile safety precautions306

13.13. Stockpile tunnel exits307

13.14. Sand pits307

13.15.Mine boundaries308

Part 14 — Dredging

14.1. Term used: dredge309

14.2. Application of Part309

14.3.Dredges to be approved309

14.4. Approval of use of dredge310

14.5. Approval of repairs or modifications311

14.6. Dredging operations and maintenance312

14.7. Life saving appliances312

14.8. Head lines, side lines and mooring lines313

14.9. Illumination313

Part 15 — Railway operations

15.1. Terms used315

15.2.Application of Part315

15.3. Main line limits and yard limits316

15.4. Operating rules316

15.5. Employees to know operating rules and signals318

15.6. Railway vehicle driver to be competent319

15.7. Issue of certificate319

15.8. Certificate320

15.9. Suspension or cancellation of certificate320

15.10. Medical examinations321

15.11. Tracks and structures322

15.12. Locomotives and equipment to be safe322

15.13. Unauthorised persons not to ride on trains323

15.14. Railway vehicle driver to remain in control323

15.15. Propelling by locomotive323

15.16. Railway vehicle movements324

15.17. Railway vehicle movement orders325

15.18. Centralized traffic control systems326

15.19. Signals328

Part 16 — Radiation safety

Division 1 — Preliminary

16.1. Terms used329

Division 2 — Mining and processing of radioactive material

16.2. Application of Division332

16.3. State mining engineer may exempt mine332

16.4. Authorised limits332

16.5. Dose constraints333

16.6. Results of baseline monitoring program333

16.7. Preparation of radiation management plan333

16.8. Radiation management plan to be complied with335

16.9. Radiation safety officer336

16.10. Defects336

16.11. Notification337

16.12. Supervised areas and controlled areas337

16.13. Conditions for young persons338

16.14. Designated employees338

16.15. Reduction of doses339

16.16. Control of exposure to radiation339

16.17. Respiratory protective equipment339

16.18. Dose limits — employees339

16.19. Dose limits — members of the public340

16.20. Interpretation of dose limits340

16.21. Approval of different dose limit341

16.22. Pregnant employees341

16.23. Assessment of doses342

16.24. Reporting of results of dose assessment343

16.25. Records343

16.26. Reporting of certain matters to State mining engineer344

16.27. Approval for removal of radioactive material344

16.28. Approval to use imported radioactive minerals345

16.30. Storage of monazite, thorium, uranium or xenotime concentrate345

16.31. Stockpile management345

16.32. Disposal of waste material346

16.33. Best practicable technology346

16.34. Discharges346

16.35. Long term waste management347

Division 3 — Use and storage of radiation sources and irradiating apparatus in mines generally

16.36.Application of Division348

16.37.Use of sealed radiation sources and irradiating apparatus348

16.38.Audit of sealed radiation sources and irradiating apparatus350

Part 17 — Miscellaneous

17.1.General penalty351

17.2.Repeal351

Schedule 2 — Fees

Schedule 3

Maximum periods of inspection of registered classified plant

Notes

Compilation table355

Uncommenced provisions table358

Other notes358

Defined terms

 

Mines Safety and Inspection Act 1994

Mines Safety and Inspection Regulations 1995

Part 1  Preliminary

1.1.Citation

These regulations may be cited as the Mines Safety and Inspection Regulations 1995.

1.2.Commencement

These regulations come into operation on the day on which the Mines Safety and Inspection Act 1994 comes into operation.

1.3.Terms used

In these regulations, unless the contrary intention appears — 

AS followed by a designation refers to the Australian Standard having that designation that is published by Standards Australia and includes any amendment to the document made before the day on which the Mines Safety and Inspection Amendment Regulations 2012 regulation 4 commences;

AS/NZS followed by a designation refers to the Australian/New Zealand Standard having that designation that is published by Standards Australia and the Standards Council of New Zealand under an Active Cooperation Agreement between those 2 bodies and includes any amendment to the document made before the day on which the Mines Safety and Inspection Amendment Regulations 2012 regulation 4 commences;

Australian Design Rule or ADR means — 

(a)in relation to a vehicle manufactured before 1 July 1988, a design rule contained in the publication titled “Australian Design Rules for Motor Vehicle Safety — 2nd Edition” as at the commencement day, issued by the Commonwealth Department of Transport; and

(b)in relation to a vehicle manufactured on or after 1 July 1988, a design rule contained in the publication titled “Australian Design Rules for Motor Vehicles and Trailers — 3rd Edition” as at the commencement day, issued by the Commonwealth Department of Transport and Communications;

certificate means a certificate of competency;

Class I winding engine driver’s certificate means a certificate issued under regulation 2.27;

Class II winding engine driver’s certificate means a certificate issued under regulation 2.28;

Code of Signals means the Code of Signals referred to in regulation 11.31;

commencement day means the day on which these regulations come into operation;

dangerous goods has the same meaning as in the Dangerous Goods Safety Act 2004;

Department of Occupational Safety and Health means the department of the public service principally assisting the Minister administering the Occupational Safety and Health Act 1984 in the administration of that Act;

deputy’s certificate means a certificate issued under regulation 2.24;

district inspector, in relation to a mine, means the district inspector appointed for the area in which the mine is located;

exemption means an exemption granted under regulation 1.4 or 1.5;

existing mine means a mine in existence immediately before the commencement day;

factor of safety, in relation to a rope or other thing, means the ratio of the breaking force or strength of the rope or other thing to the maximum total static force on it including the component of its own weight;

first class mine manager’s certificate means a certificate issued under regulation 2.21;

hazardous substance means any substance defined as a hazardous substance in the National Model Regulations for the Control of Workplace Hazardous Substances;

Health Department means the department of the public service principally assisting the Minister administering the Public Health Act 2016 in the administration of that Act;

licensed surveyor has the same meaning as in the Licensed Surveyors Act 1909;

magazine means a building, storehouse, structure, or place in which any explosive or blasting agent is kept or stored, whether in or about a mine, and includes detonator storage buildings and buildings containing capped fuses;

medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

National Model Regulations for the Control of Workplace Hazardous Substances means the “National Model Regulations for the Control of Workplace Hazardous Substances” [NOHSC: 1005 (1994)] declared by the NOHSC and published in March 1994;

night means the time beginning at sunset and ending at sunrise;

NOHSC means the National Occupational Health and Safety Commission established by the National Occupational Health and Safety Commission Act 1985 (Commonwealth) section 6 1;

ppm means parts per million;

quarry manager’s certificate means a certificate issued under regulation 2.22;

Radiological Council means the Radiological Council established under the Radiation Safety Act 1975;

repealed regulations means the Mines Regulation Act Regulations 1976 and the Coal Mines Regulations repealed by regulation 17.2;

responsible person, in relation to a mine, means — 

(a)the principal employer at the mine; and

(b)any other employer at the mine; and

(c)the manager of the mine;

restricted quarry manager’s certificate means a certificate issued under regulation 2.25;

senior inspector, in relation to a mine, means the district inspector appointed by the State mining engineer to be the senior inspector responsible for the region in which the mine is located;

specified, in relation to a notice, certificate or other instrument, means specified in the notice, certificate or instrument;

surface mining operation means any mining operation that is not underground;

underground supervisor’s certificate means a certificate issued under regulation 2.23.

[Regulation 1.3 amended: Gazette 13 Dec 1996 p. 6932; 29 Feb 2008 p. 685; 21 Jul 2009 p. 2918‑9; 20 Sep 2011 p. 3800; 11 Jan 2013 p. 49‑50; 10 Jan 2017 p. 214.]

[1.3A.Deleted: Gazette 21 Aug 2009 p. 3270.]

1.4.Exemption — if substantial compliance

(1)If a person or a mine does not fully comply with a requirement of these regulations but the State mining engineer is satisfied that there is substantial compliance with the requirement, the State mining engineer may, in writing, exempt the person or mine from the requirement.

(2)An exemption may be granted subject to such conditions as the State mining engineer thinks fit and specifies in the exemption.

(3)A person having the benefit of the exemption must not contravene a condition of the exemption.

Penalty: See regulation 17.1.

(4)The State mining engineer may at any time amend or revoke an exemption granted under this regulation, and if the State mining engineer does so, the State mining engineer must provide written reasons for that amendment or revocation.

1.5.Exemption — if compliance unnecessary or impracticable

(1)The State mining engineer may, in writing, exempt a person or mine from compliance with a requirement of these regulations if the State mining engineer is satisfied that compliance with the requirement would be unnecessary or impracticable.

(2)An exemption may be granted subject to such conditions as the State mining engineer thinks fit and specifies in the exemption.

(3)A person having the benefit of the exemption must not contravene a condition of the exemption.

Penalty: See regulation 17.1.

(4)The State mining engineer may at any time amend or revoke an exemption granted under this regulation and, if the State mining engineer does so, the State mining engineer must provide written reasons for that amendment or revocation.

Part 2 — Administration

Division 1 — Inspectors

2.1.Issue of receipt for things taken

If an inspector takes and removes a sample of anything under section 21(1)(d) of the Act the inspector must issue a receipt for the thing to the manager of the mine from which the thing was taken unless in the inspector’s opinion the thing is of no value or only of nominal value.

[2.2‑2.4.Deleted: Gazette 5 Jun 2015 p. 1974.]

Division 1A — Improvement notices, prohibition notices and provisional improvement notices

[Heading inserted: Gazette 4 Apr 2005 p. 1102.]

2.4A.Prescribed requirements for s. 31AK, 31AL and 31BK(1) of Act

(1)In this regulation —

employee includes a person taken to be an employee by operation of section 15A, 15B or 15C of the Act;

notice means an improvement notice, a prohibition notice or a provisional improvement notice, as the case may require.

(2)It is a prescribed requirement for sections 31AK, 31AL and 31BK(1) of the Act that the manager of a mine post a notice, or a copy of it, on —

(a)a notice board at the mine that is conspicuous to and accessible by employees at the mine; or

(b)2 or more notice boards at the mine, so long as one of the notice boards is conspicuous to and accessible by any particular employee at the mine.

(3)If a notice relates to any plant at or related to a mine and the inspector issuing the notice —

(a)identifies the plant in the notice; and

(b)specifies in the notice that this subregulation applies to it,

it is also a prescribed requirement for sections 31AK, 31AL and 31BK(1) of the Act that the manager cause a copy of the notice to be displayed in a conspicuous position on or near the plant.

[Regulation 2.4A inserted: Gazette 4 Apr 2005 p. 1102‑3.]

[2.4B‑2.4C.Deleted: Gazette 21 Jul 2009 p. 2919.]

Division 2 — Safety and health representatives

[Heading amended: Gazette 19 Jan 1996 p. 237.]

2.5.Prescribed procedure for resolution of disputes

(1)The procedure set out in this regulation is prescribed for the purposes of section 70 of the Act in a case where no procedure has been agreed between the manager of the mine and the employers and the employees at the mine as applying in respect of the mine concerned.

(2)The employer or manager must arrange to meet with — 

(a)if there is a safety and health representative in respect of the mine concerned, the employees and the safety and health representative; or

(b)if there is no safety and health representative in respect of the mine concerned, the employees or a person authorised by the employees to represent them at that meeting.

(3)The meeting must be held at a time that is as soon after the issue arises as is mutually convenient.

[Regulation 2.5 amended: Gazette 19 Jan 1996 p. 237.]

2.6.Introductory courses for safety and health representatives

(1)In this regulation —

introductory course means a course of a kind referred to in subregulation (2)(a) that is accredited as referred to in that provision;

transitional course means a course of a kind referred to in subregulation (2)(b) that is accredited as referred to in that provision.

(2)This regulation applies if, under section 14(1)(h) of the Occupational Safety and Health Act 1984 —

(a)a training course is accredited that is designed for safety and health representatives to attend, subject to course availability, during the first year of holding office; or

(b)a training course is accredited that is designed to update the knowledge of safety and health representatives who have completed an introductory course.

(3)A safety and health representative must, subject to the availability of introductory courses, try to attend an introductory course within the first 12 months of being elected.

(4)A safety and health representative who has not previously attended an introductory course may give to his or her employer notice in writing that the representative wishes to attend such a course.

(4a)A safety and health representative who has previously attended an introductory course but completed it before March 2005 may, if the representative has not completed a transitional course after February 2005, give to his or her employer notice in writing in accordance with subregulation (5) that the representative wishes to attend a transitional course.

(5)The notice referred to in subregulation (4) or (4a) must be given, not less than 21 days, or such shorter period as has been agreed between the safety and health representative and the employer, before the course commences.

(6)If a safety and health representative has given notice under subregulation (4) or (4a) in respect of a course, the employer must, subject to subregulation (8), permit the representative to take off work, with pay, such time, not exceeding 5 days, as is required for the purpose of attending that course.

Penalty: See regulation 17.1.

(7)An employer who has been given notice under subregulation (4) or (4a) in respect of a course may consult with the safety and health representative or the relevant trade union concerning the attendance of the representative at the course and, in those consultations, due regard must be given to the need to minimize any adverse effect on the operation of the business of the employer and the mine.

(8)If the employer has consulted under subregulation (7) with the safety and health representative or trade union concerned, the employer may decline to permit attendance at the course as wished but instead permit attendance at the next available course of the same kind that the representative wishes to attend.

(9)The pay to which a safety and health representative is entitled in respect of time the representative is permitted to take off work to attend an introductory course or a transitional course must be calculated at the representative’s ordinary rate of pay on the time that would ordinarily have been worked had the representative worked his or her scheduled work time — 

(a)including — 

(i)regular over award payments for ordinary hours of work; and

(ii)shift work premiums according to roster or projected roster including Saturday or public holiday shift; and

(iii)industry allowances; and

(iv)climatic, regional, and other like allowances; and

(v)first aid allowances; and

(vi)tool allowances; and

(vii)qualification allowances; and

(viii)service grants made on a regular basis; and

(ix)experience allowance; and

(x)any penalty rates that are paid in relation to actual hours worked or payment of which are guaranteed by a contract of service whether the hours were required to be worked or not;

(b)but not including — 

(i)overtime payments (except if they form part of the contract of service); or

(ii)camping allowances; or

(iii)travelling allowances; or

(iv)disability rates such as for confined spaces and dirty work; or

(v)car allowances; or

(vi)meal allowances.

(10)Nothing in subregulation (9) excludes an entitlement to additional payments that may be prescribed in an award, order, or industrial agreement that — 

(a)is made by, or registered by, The Western Australian Industrial Relations Commission or the Australian Conciliation and Arbitration Commission; or

(b)agreed between the employer and the safety and health representative as being applicable.

(11)An employer must not, as a result of this regulation, alter the conditions or remuneration of a person who is a safety and health representative to the detriment of that person.

Penalty: See regulation 17.1.

(12)Attendance at an introductory course or a transitional course must be regarded as service for the purposes of ascertaining any entitlement under an award.

[Regulation 2.6 amended: Gazette 19 Jan 1996 p. 237; 4 Apr 2005 p. 1104‑5.]

2.6A.Training courses for qualified representative under s. 31BF of Act

(1)Each course of training described in subregulation (2) is prescribed for the purposes of the definition of qualified representative in section 31BF.

(2)The prescribed courses are —

(a)a course that was an introductory course, as defined in regulation 2.6(1), and that the safety and health representative completed after February 2005; and

(b)a course that was a transitional course, as defined in regulation 2.6(1), and that the safety and health representative completed after February 2005 after having, before March 2005, completed a course that was an introductory course, as defined in regulation 2.6(1).

[Regulation 2.6A inserted: Gazette 4 Apr 2005 p. 1106.]

[2.6B.Deleted: Gazette 21 Jul 2009 p. 2919.]

Division 3 — Board of Examiners

Subdivision A — Preliminary

2.7.Terms used

In this Division, unless the contrary intention appears — 

appointed member, in relation to the Board, means a person who is appointed to be a member of the Board;

Board means the Board of Examiners.

Subdivision B — Constitution and proceedings

2.8.Constitution — mine manager’s and underground supervisor’s certificates

When dealing with matters concerning mine manager’s and underground supervisor’s certificates (other than certificates for underground coal mines), the Board is to consist of — 

(a)the State mining engineer; and

(b)a senior inspector appointed by the Minister on the nomination of the State mining engineer; and

(c)the principal of the Western Australian School of Mines; and

(d)2 persons, each of whom must be the holder of a mine manager’s certificate, appointed by the Minister on the nomination of the body known as the Chamber of Mines and Energy of Western Australia Inc.

2.9.Constitution — quarry manager’s certificate

When dealing with matters concerning quarry manager’s certificates, the Board is to consist of — 

(a)the State mining engineer; and

(b)a senior inspector appointed by the Minister on the nomination of the State mining engineer; and

(c)an officer of the Department of Technical and Further Education (TAFE) appointed by the Minister on the nomination of the Director of that Department; and

(d)2 persons, each of whom must be the holder of a quarry manager’s certificate, appointed by the Minister on the nomination of the body known as the Chamber of Mines and Energy of Western Australia Inc.

2.10.Constitution — underground coal mine certificates

When dealing with matters concerning certificates for underground coal mines (other than winding engine driver’s certificates), the Board is to consist of — 

(a)the State coal mining engineer; and

(b)a senior inspector appointed by the Minister on the nomination of the State mining engineer; and

(c)the principal of the Western Australian School of Mines; and

(d)2 persons, each of whom must be the holder of a mine manager’s certificate, appointed by the Minister on the nomination of the body known as the Chamber of Mines and Energy of Western Australia Inc.

2.11.Constitution — winding engine driver’s certificate

When dealing with matters concerning winding engine driver’s certificates, the Board is to consist of — 

(a)the State mining engineer; and

(b)an officer of the department who is formally qualified as a mechanical engineer appointed by the Minister; and

(c)a person appointed by the Minister on the nomination of the body known as the Trades and Labour Council of Western Australia.

2.12.Procedure if body fails to nominate

(1)If, within 60 days of being requested in writing by the Minister to do so, any body or person referred to in regulation 2.8, 2.9, 2.10 or 2.11 has not made any nomination for appointment required to be made by the body or person under that regulation, the Minister may make the appointment at the Minister’s discretion.

(2)A person appointed as provided under subregulation (1) is to be taken to have been nominated under the relevant regulation.

2.13.Appointment of members

Subject to regulation 2.14, an appointed member of the Board is to hold office for such term, not being more than 3 years, as is specified in the member’s instrument of appointment, and may from time to time be reappointed.

2.14.Vacation of office

The office of an appointed member of the Board becomes vacant if — 

(a)the member resigns from office by notice in writing given to the Minister; or

(b)the member’s appointment expires or is terminated by the Minister; or

(c)any person or body who nominated the member withdraws that nomination by notice in writing given to the Minister.

2.15.Deputies

A member of the Board may, with the approval of the chairperson, appoint a deputy to act for the member when the member is unable to attend any meeting of the Board.

2.16.Chairperson

(1)The State coal mining engineer, or the deputy of the State coal mining engineer, is to be the chairperson of the Board when constituted as provided in regulation 2.10.

(2)In any other case, the State mining engineer, or the deputy of the State mining engineer, is to be the chairperson of the Board.

2.17.Quorum

A quorum for a meeting of the Board — 

(a)when constituted as provided under regulation 2.11, is the chairperson and one other member of the Board; and

(b)in any other case, is the chairperson and 3 other members of the Board.

2.18.Meetings

(1)The Board, or the examiners appointed by it, are to meet at such times and places as the Board or the examiners consider appropriate.

(2)To the extent that it is not provided in this subdivision, the Board is to determine its own procedure.

2.19.Voting

(1)A decision of the majority of members at a meeting of the Board at which a quorum is present is the decision of the Board.

(2)If the votes of members present at a meeting are equally divided, the chairperson is to have a casting vote in addition to a deliberative vote.

2.20.Examination of applicants

(1)For the purpose of determining the qualifications, experience and character of an applicant for a certificate, the Board may examine the applicant in writing or orally, or both, as it thinks fit, or may appoint examiners to conduct such examinations.

(2)Notice of intention to hold an examination is to be published in a newspaper or newspapers circulating generally in the State.

Subdivision C — Issue of certificates of competency

2.21.First class mine manager’s certificate

(1)In this regulation — 

applicant means an applicant for a first class mine manager’s certificate;

mining law means —

(a)the Act and these regulations; and

(b)the Dangerous Goods Safety Act 2004, and regulations made under it, in so far as they apply to explosives.

(2)The Board may issue a first class mine manager’s certificate to an applicant if the Board is satisfied that the applicant — 

(a)holds — 

(i)the Degree of Bachelor of Engineering in Mining from any Australian University; or

(ii)such other qualification as the Board may in any case consider to be equivalent to the degree referred to in subparagraph (i);

and

(b)has passed a separate examination set by the Board requiring a knowledge of mining law; and

(c)has attained the age of 25 years; and

(d)has had practical experience in or about a mine for a period of not less than 5 years, of which period at least 3 years has been general underground mining experience of a nature acceptable to the Board; and

(e)is of good character; and

(f)has received satisfactory training in First Aid.

(3)For the purposes of subregulation (2)(a), the Board may accept the Degree of Bachelor of Science (Mining) from the Western Australian School of Mines instead of the qualifications specified in that subregulation but only if the applicant applies for the certificate within 2 years after the commencement day.

(4)For the purposes of subregulation (2)(d), the practical experience must include — 

(a)in the case of an application for a first class mine manager’s certificate for underground coal mines — 

(i)6 months at the coal face engaged in winning coal; and

(ii)3 months on ventilation control including dust and gas monitoring; and

(iii)sufficient time to become competent in roof support, persons and materials transport and general mining applications;

and

(b)in any other case — 

(i)face experience in operating a rockdrill on development and stoping faces for a period of not less than 3 months;

(ii)personal experience in using explosives in charging and firing both development and stoping rounds for a period of not less than 3 months;

(iii)6 months full‑time underground employment directly involved in ground support, haulage and transport and in general mine servicing.

(5)For the purposes of subregulation (2)(d), experience as an active certificated underground supervisor will be considered to be experience of a nature acceptable to the Board.

[Regulation 2.21 amended: Gazette 29 Feb 2008 p. 685.]

2.22.Quarry manager’s certificate

(1)In this regulation — 

applicant means an applicant for a quarry manager’s certificate.

(2)The Board may issue a quarry manager’s certificate to an applicant if the Board is satisfied that the applicant — 

(a)holds — 

(i)the Degree of Bachelor of Engineering from any Australian University;

(ii)a Diploma in Mining or Engineering from any recognised Australian Technical Institute;

(iii)an Associate Diploma in Surface Mining from any recognised Australian Tertiary Education Institution;

(iv)a Degree or Diploma in Geology, or in mining or an earth sciences related discipline, that is considered by the Board to be appropriate;

(v)such other mining qualification as the Board may in any case consider to be equivalent to a qualification referred to in subparagraph (i), (ii), (iii) or (iv);

and

(b)has passed a separate examination set by the Board requiring a knowledge of mining law, as that term is defined by regulation 2.21(1); and

(c)has attained the age of 24 years; and

(d)has had experience in or about a quarry for a period of not less than 2 years and at least one year of that 2 year period has been first hand practical experience in production operations in a quarry or open pit, including not less than 3 months personal experience in the charging and firing of explosives in the quarry or pit or, if the application is made before 9 December 1997 — 

(i)the applicant satisfies the requirements already set out in this paragraph; or

(ii)the applicant has had experience in or about a quarry for a period of not less than 2 years and at least one year of that 2 year period has been in close association with quarry pit operations, including not less than 3 months practical experience in the use of explosives and blasting agents in a pit;

and

(e)is of good character; and

(f)has received satisfactory training in First Aid.

[Regulation 2.22 amended: Gazette 28 Feb 1997 p. 1329‑30; 29 Feb 2008 p. 685.]

2.23.Underground supervisor’s certificate

(1)In this regulation — 

applicant means an applicant for an underground supervisor’s certificate;

mining law has the meaning given to that term by regulation 2.21(1).

(2)The Board may issue an underground supervisor’s certificate to an applicant if the Board is satisfied that the applicant — 

(a)has — 

(i)successfully completed a Degree, Diploma or Associate Diploma in Mining Engineering from a recognised University, School of Mines, or Institute of Technology and has passed the mining law examinations set by the Board; or

(ii)passed both the mining practice and the mining law examinations set by the Board;

and

(b)has — 

(i)had general experience in underground mining, and has been employed underground for a period of not less than 5 years; or

(ii)successfully completed a Degree, Diploma or Associate Diploma in Mining Engineering from a recognised University, School of Mines, or Institute of Technology and has been in full‑time employment underground for a period of not less than 2 years;

and

(c)has had — 

(i)face experience in operating a rockdrill on development and stoping faces for a period of not less than 3 months; and

(ii)personal experience in using explosives in charging and firing both development and stoping rounds for a period of not less than 3 months; and

(iii)6 months full‑time underground employment directly involved in ground support, haulage and transport, and general mine servicing work;

and

(d)has attained the age of 23 years; and

(e)is of good character; and

(f)has received satisfactory training in First Aid.

(3)The mining practice examinations referred to in subregulation (2)(a) may include methods and practices for — 

(a)underground mine development and production stoping;

(b)ground support and stope filling and stabilisation;

(c)drilling and blasting;

(d)loading, haulage and transport;

(e)mine ventilation control measures for dust and other atmospheric contaminants;

(f)emergency preparation and response, including fire fighting;

(g)shaft operations and hoisting;

(h)underground construction and services including pumping and drainage.

[Regulation 2.23 amended: Gazette 29 Feb 2008 p. 685‑6.]

2.24.Deputy’s certificate

(1)In this regulation — 

applicant means an applicant for a deputy’s certificate;

mining law has the meaning given to that term by regulation 2.21(1).

(2)The Board may issue a deputy’s certificate to an applicant if the Board is satisfied that the applicant — 

(a)has — 

(i)successfully completed a Degree, Diploma or Associate Diploma in Mining Engineering from a recognised University, School of Mines, or Institute of Technology and has passed the mining law examinations set by the Board; or

(ii)passed both the mining practice and the mining law examinations set by the Board;

and

(b)has — 

(i)had general experience in underground mining, and has been employed underground for a period of not less than 5 years; or

(ii)successfully completed a Degree, Diploma or Associate Diploma in Mining Engineering from a recognised University, School of Mines, or Institute of Technology and has been in full‑time employment underground for a period of not less than 2 years;

and

(c)has had — 

(i)face experience in coal mining operations and development for a period of not less than 6 months; and

(ii)6 months full‑time underground employment directly involved in ventilation control, roof support, shotfiring, conveyor haulage and transport;

and

(d)has attained the age of 23 years; and

(e)is of good character; and

(f)has received satisfactory training in First Aid.

(3)The mining practice examinations referred to in subregulation (2)(a) may include methods and practices for — 

(a)coal production by longwall methods, board and pillar and full extraction methods utilizing road headers, continuous miners and breaker‑line supports;

(b)induced caving and roof support methods;

(c)boring and shot firing;

(d)conveyor haulage and transport;

(e)mine ventilation control measures for dust, coal mine gases and other atmospheric contaminants;

(f)explosion prevention including the use of stonedust, water barriers, flameproof electrical installations and flameproof diesel engines;

(g)ventilation plans, circuit layouts and velocity and quantity calculations;

(h)emergency preparation and response, including fire fighting and the deployment and use of mines rescue teams;

(i)underground construction and services including pumping and drainage.

[Regulation 2.24 amended: Gazette 29 Feb 2008 p. 686.]

2.25.Restricted quarry manager’s certificate

(1)In this regulation — 

applicant means an applicant for a restricted quarry manager’s certificate.

(2)The Board may issue a restricted quarry manager’s certificate to an applicant if the Board is satisfied that the applicant — 

(a)has passed relevant examinations set by the Board; and

(b)has attained the age of 21 years; and

(c)has had experience in quarry operations for a period of not less than 2 years, of which period at least one year has been first hand practical experience in production operations in a quarry or open pit, including at least 3 months personal experience in the charging and firing of explosives in the quarry or pit or, if the application is made before 9 December 1997 — 

(i)the applicant satisfies the requirements already set out in this paragraph; or

(ii)the applicant has had experience in or about a quarry for a period of not less than 2 years and at least one year of that 2 year period has been in close association with quarry pit operations, including not less than 3 months practical experience in the use of explosives and blasting agents in a pit;

and

(d)is of good character; and

(e)has received satisfactory training in First Aid.

(3)The relevant examinations referred to in subregulation (2)(a) must include examinations on the following subjects — 

(a)quarrying, which may include — 

(i)the layout and construction of a quarry excavation to provide stability of faces and safe entrance to and exit from such faces; and

(ii)methods of breaking, excavating and crushing of rock; and

(iii)practices used in the charging and firing of explosives and blasting agents including the control of fly rock, noise and ground vibration; and

(iv)methods of loading and transport of rock and mining stores; and

(v)ventilation and suppression of dust and atmospheric contaminants; and

(vi)any other subject concerning the safe operation of quarry workings;

and

(b)mining law, as that term is defined by regulation 2.21(1).

(4)The requirement in subregulation (2)(c) relating to personal experience in the charging and firing of explosives does not apply to a person whose experience has been in a quarry where explosives were not used, but any certificate issued to such a person must be restricted to quarries where explosives are not used.

[Regulation 2.25 amended: Gazette 28 Feb 1997 p. 1330; 29 Feb 2008 p. 686.]

2.26.Classes of winding engine driver’s certificates

The Board must classify a winding engine driver’s certificate as either — 

(a)Class I — that is, authorising a person to operate a winding engine having any power input; or

(b)Class II — that is, authorising a person to operate a winding engine having a power input exceeding 25 kW but not exceeding 75 kW.

2.27.Winding engine driver’s certificate — Class I

(1)In this regulation, applicant means an applicant for a Class I winding engine driver’s certificate.

(2)The Board may issue a Class I winding engine driver’s certificate to an applicant if the Board is satisfied that the applicant — 

(a)has passed relevant examinations set by the Board; and

(b)has attained the age of 21 years; and

(c)is of good character; and

(d)is medically fit; and

(e)has — 

(i)assisted, under the supervision of a qualified person, in driving an electric winding engine fitted with dead weight power operated brakes or multi‑spring applied unit brakes, operated by an electric motor of not less than 75 kW for a period of not less than 300 hours at the rate of not less than 12 hours and not more than 40 hours per week; and

(ii)assisted in carrying out the duties of a platman, skipman, or set rider, including shaft maintenance and shaft repairs for not less than 12 hours per week for a period of 6 weeks; and

(iii)a knowledge of the ancillary equipment normally associated with winding engines.

2.28.Winding engine driver’s certificate — Class II

(1)In this regulation, applicant means an applicant for a Class II winding engine driver’s certificate.

(2)The Board may issue a Class II winding engine driver’s certificate to an applicant if the Board is satisfied that the applicant — 

(a)has passed relevant examinations set by the Board; and

(b)has attained the age of 21 years; and

(c)is of good character; and

(d)is medically fit; and

(e)has — 

(i)assisted, under the supervision of a qualified person, in driving a winding engine driven by a power source having a power input of not more than 75 kW and not less than 25 kW for a period of not less than 300 hours at the rate of not less than 12 hours and not more than 40 hours a week; and

(ii)assisted in carrying out the duties of a platman, skipman or set rider and has had experience in shaft maintenance and shaft repairs for not less than 12 hours per week over a period of not less than 6 weeks; and

(iii)a knowledge of the ancillary equipment normally associated with winding engines.

2.29.Board may restrict certificate

When the Board issues a quarry manager’s, underground supervisor’s or deputy’s certificate the Board may restrict the application of the certificate to one or both of the following — 

(a)a specified mine or group of mines; or

(b)a specified type of work.

2.30.Applications

(1)In this regulation — 

applicant means an applicant for a certificate.

(2)An applicant must apply in writing in the form approved for that purpose by the State mining engineer.

(3)Application forms may be obtained from the department.

(4)An applicant must provide evidence of any matter of which the Board is required to be satisfied.

(5)An application must have attached to it a statutory declaration made by the applicant declaring that the information contained in the application is true.

2.31.Fees

An application for any of the following certificates must be accompanied by the relevant fee specified in Schedule 2 — 

(a)a first class mine manager’s certificate; or

(b)a quarry manager’s certificate; or

(c)a restricted quarry manager’s certificate; or

(d)a deputy’s certificate; or

(e)a winding engine driver’s certificate; or

(f)an underground supervisor’s certificate.

2.32.Register of certificates

(1)The Board is to cause a register to be kept of certificates issued by the Board.

(2)The register must set out the following details in respect of each certificate — 

(a)the full name and date of birth of the holder of the certificate; and

(b)the serial number and date of issue of the certificate; and

(c)any restriction imposed in relation to the certificate; and

(d)details of any reciprocal certificate held by the holder in another State or country.

2.33.Replacement certificates

If a person proves to the satisfaction of the Board that the person has lost a certificate issued to the person by the Board, the Board may, on payment of the relevant fee specified in Schedule 2, issue the person with a replacement certificate.

[2.33A.Deleted: SL 2021/85 r. 19.]

Subdivision D — Requirements to hold certificates of competency

2.34.Person not to act as shift supervisor or deputy without certificate

(1)A person must not act as an underground supervisor or in any more senior supervisory capacity that involves inspection of underground workplaces, unless the person — 

(a)holds a first class mine manager’s certificate or an underground supervisor’s certificate; or

(b)has the approval in writing of the Board to do so under subregulation (3).

Penalty: See regulation 17.1.

(2)A person must not act as a deputy unless the person — 

(a)holds a first class mine manager’s certificate, an underground supervisor’s certificate or a deputy’s certificate; or

(b)has the approval in writing of the Board to do so under subregulation (3).

Penalty: See regulation 17.1.

(3)The Board may give a person approval referred to in subregulation (1)(b) or (2)(b) if in the Board’s opinion the person holds a certificate that is equivalent to a certificate referred to in subregulation (1)(a) or (2)(a), as the case may be.

2.35.Person not to act as underground manager without certificate

(1)A person must not act as an underground manager of a mine employing less than 25 persons underground unless the person — 

(a)holds a first class mine manager’s certificate or an underground supervisor’s certificate; or

(b)has the approval in writing of the Board to do so under subregulation (3).

Penalty: See regulation 17.1.

(2)A person must not act as an underground manager or assistant underground manager of a mine employing 25 or more persons underground unless the person — 

(a)holds a first class mine manager’s certificate; or

(b)has the approval in writing of the Board to do so under subregulation (3); or

(c)has been appointed in accordance with the Act to be the deputy underground manager during a period when the underground manager or alternate underground manager is incapacitated, absent or unavailable.

Penalty: See regulation 17.1.

(3)The Board may give a person approval in writing referred to in subregulation (1)(b) or (2)(b) if in the Board’s opinion the person holds a certificate that is equivalent to a certificate referred to in subregulation (1)(a) or (2)(a) (as the case requires).

2.36.Person not to act as quarry manager without certificate

(1)A person must not act as a quarry manager in a quarry where 25 or more persons are employed and where explosives are not used or in any quarry where less than 25 persons are employed unless the person — 

(a)holds a first class mine manager’s certificate, a quarry manager’s certificate, a restricted quarry manager’s certificate; or

(b)has the approval in writing of the Board to do so under subregulation (3).

Penalty: See regulation 17.1.

(2)A person must not act as a quarry manager of a quarry where 25 or more persons are employed and where explosives are used unless the person — 

(a)holds a first class mine manager’s certificate or a quarry manager’s certificate; or

(b)has the approval in writing of the Board to do so under subregulation (3).

Penalty: See regulation 17.1.

(3)The Board may give a person approval in writing referred to in subregulation (1)(b) or (2)(b) if in the Board’s opinion the person holds a certificate that is equivalent to a certificate referred to in subregulation (1)(a) or (2)(a) (as the case requires).

2.37.Person not to operate winding engine without certificate

A person must not operate a winding engine (other than a hoist) in a mine unless the person holds a winding engine driver’s certificate of the appropriate class for that winding engine.

Penalty: See regulation 17.1.

[Division 4 deleted: Gazette 4 Apr 2005 p. 1106.]

Part 3 — Management of mines

Division 1 — Exploration operations

3.1.Application of Division

This Division applies only to and in relation to exploration operations.

3.2.Prescribed place at which record book to be kept

For the purposes of section 23(1)(a) of the Act, the prescribed place at which a record book is to be kept in the case of exploration operations is at the principal office in Western Australia of the exploration manager.

3.3.Provision of information — earth disturbing operations

(1)This regulation applies to any exploration operation that involves the disturbance of earth (including drilling, costeaning or trial pit excavation).

(2)For the purposes of section 47(3) of the Act, information relating to any exploration operation to which this regulation applies must, so far as is practicable — 

(a)be provided before the exploration operation takes place; and

(b)include details of the location, scope and nature of all such exploration operations (including the intended date of commencement and conclusion of exploration activities) that are proposed during an ensuing 6 or 12 month period (as elected by the exploration manager).

3.4.Provision of information — other operations

(1)This regulation applies to any exploration operation that does not involve the disturbance of earth.

(2)For the purposes of section 47(3) of the Act, information relating to any exploration operation to which this regulation applies must, so far as is practicable — 

(a)be provided before the exploration operation takes place; and

(b)include general details of the location, scope and nature of all such exploration operations (including the intended date of commencement and conclusion of exploration activities) that are proposed during an ensuing 12 month period.

3.5.Remedial work

(1)If any exploration operation (including an operation involving the disturbance of earth by drilling, costeaning or trial pit excavation) has been carried out at a site, the district inspector may direct that specified remedial work be carried out to make the site safe.

(2)The exploration manager for the exploration operation referred to in subregulation (1) must ensure that a direction given under that subregulation is complied with as soon as is practicable.

Penalty: See regulation 17.1.

3.6.Training of persons

(1)An employer must ensure that each employee engaged in exploration operations is provided with such training as is necessary to enable the employee to manage risks associated with the hazards of exploration operations in remote sites, including the lack of infrastructure and support and adverse climatic conditions.

Penalty: See regulation 17.1.

(2)The requirement in subregulation (1) is in addition to the requirements of regulation 4.13.

3.7.Suitable equipment to be provided

An employer must ensure that employees engaged in exploration operations are provided with suitable vehicles and appropriate equipment (including communications and emergency equipment) to engage in that operation.

Penalty: See regulation 17.1.

3.8.Entry into disused mine workings

An employer must ensure that any employee engaged in an exploration operation does not enter any disused mine workings unless the employee is competent to do so and does so in accordance with an established safe procedure.

Penalty: See regulation 17.1.

3.9.Drilling and excavation operations

An employer must ensure that any employee engaged in exploration operations does not engage in drilling or excavation operations unless the employee is adequately trained and competent to do so.

Penalty: See regulation 17.1.

Division 2 — Notification of commencement or suspension of mining operations

3.10.Term used: notification

In this Division — 

notification means notification under section 42 of the Act.

3.11.Notification to be in writing

Each notification must be in writing.

3.12.General details to be included in notification

Each notification must include the following details — 

(a)the name and location of the mine; and

(b)the number of the lease, tenement or other interest; and

(c)the name and address of the principal employer at the mine; and

(d)what mining operations are to be affected, and whether they are to be commenced, recommenced, abandoned or suspended; and

(e)the date on which the mining operations are to be commenced, recommenced, abandoned or suspended (as the case may be).

3.13.Project management plan to be provided for mine operations

(1)Notification of the commencement of mining operations at a mine must, in addition to the details set out in regulation 3.12, also include a plan that sets out — 

(a)a summary of the proposed mining operations including a description of the type of mine, the treatment of minerals that is to take place at the mine, the number of persons who will be employed at the mine and the expected duration of mining operations at the mine; and

(b)a broad assessment of the major risks associated with the mine and a summary of the strategies proposed to manage those risks; and

(c)a general plan of the mine to an appropriate scale that shows the proposed mine layout and facilities in relation to the tenement boundaries, the national grid and RL datum levels; and

(d)a plan of the mine that shows any proposed open pit and any underground layouts, including accesses to underground workings; and

(e)a summary of proposed ventilation systems and stoping and development systems for any underground mine; and

(f)emergency preparation plans for the mine.

(2)This regulation applies, with appropriate changes, to notification of the recommencement of mining operations involving underground operations or open cut mine operations at a mine if the mine was not being used immediately before the commencement day.

3.14.Details to be included in notification of suspension

Notification of the suspension of mining operations at a mine must, in addition to the details set out in regulation 3.12, include the following details — 

(a)the reason for the suspension and the planned duration of the suspension; and

(b)whether the closure is total or whether access to underground and/or open pit workings is to be maintained; and

(c)if underground and/or open pit access is to be maintained, details of the arrangements that have been made for the provision of regular services and emergency services to ensure the safety of employees engaged in maintaining the mine; and

(d)the measures that have been taken to prevent unauthorised access or entry to the mine; and

(e)the precautions that have been taken to protect underground equipment and service installations; and

(f)any plans required to be prepared under section 88 of the Act.

3.15.Details to be included in notification of recommencement

Notification of the recommencement of mining operations at a mine must, in addition to the details set out in regulation 3.12, include the following details — 

(a)sufficient information to demonstrate that mine services (including ventilation and de‑watering) and emergency response capacity have been maintained or restored; and

(b)details of any substantial changes that have been made to the mine or mining operations at the mine.

3.16.Details to be included in notification of abandonment

Notification of the abandonment of mining operations at a mine must, in addition to the details set out in regulation 3.12, include the following details — 

(a)details of precautions taken to ensure that access to underground workings has been secured against unauthorised entry; and

(b)details of precautions taken to prevent inadvertent access to open pit workings; and

(c)details of precautions taken to prevent, so far as is practicable, any post mining subsidence into underground workings, by back‑filling stope voids and by other appropriate measures; and

(d)details of precautions taken to ensure that all plant and equipment have been removed or secured and left in a safe condition; and

(e)details of precautions taken to remove or properly dispose of all hazardous substances at the mine; and

(f)any plans required to be prepared under section 88 of the Act.

Division 2A — Further requirements for record book entries under section 38(2), (4) and (6)

[Heading inserted: Gazette 4 Apr 2005 p. 1107.]

3.16A.Matters to be recorded

(1)This regulation applies where —

(a)a person is appointed under section 34(3) of the Act to be the deputy of a registered manager or of an alternate registered manager (a manager); or

(b)a person is appointed under section 36(3) of the Act to be the deputy of an underground manager or of an alternate underground manager (an underground manager); or

(c)a person is appointed under section 38(3) of the Act to be the deputy of a quarry manager or of an alternate quarry manager (a quarry manager).

(2)A manager, underground manager or quarry manager for whom a deputy is appointed must, in addition to complying with section 38(2), (4) or (6) of the Act, as the case may be, make a record in the record book showing the particulars specified in subregulation (3).

(3)The particulars are —

(a)the day and time when the deputy started acting pursuant to the appointment; and

(b)the day and time when the deputy stopped acting pursuant to the appointment; and

(c)the ground on which the appointment was made, that is whether because of incapacity, absence from the mine or otherwise, and a brief statement of the circumstances involved.

(4)The entries referred to in subregulation (3)(a) and (c) must be made as soon as is practicable after the deputy started acting.

(5)The entry referred to in subregulation (3)(b) must be made as soon as is practicable after the deputy stopped acting.

(6)The manager, underground manager or quarry manager concerned must ensure that the deputy signs each entry referred to in subregulation (3)(a) and (b) in respect of that deputy, as soon as is practicable after the entry is made, to show that the deputy agrees that the particulars entered for the purposes of that provision are correct.

[Regulation 3.16A inserted: Gazette 4 Apr 2005 p. 1107‑8.]

Division 3 — Inspection of workplaces

3.17.Terms used

In this Division, unless the contrary intention appears — 

working day, in relation to a workplace, means any day on which work is carried out at the workplace;

working shift, in relation to a workplace, means the period of time during which all or part of a particular shift is worked at that workplace.

3.18.Registered manager to ensure inspections carried out in accordance with this Division

The registered manager of a mine must ensure that each workplace at the mine is inspected as required under this Division.

Penalty: See regulation 17.1.

3.19.Inspection of workplaces in quarry operations

A workplace in a quarry operation must be inspected at least once during each working shift by the quarry manager, or by a person appointed by the quarry manager who is competent to perform such an inspection, to ensure that the workplace is safe for persons working there.

3.20.Inspection of underground workplaces in coal mines

Each underground workplace in a coal mine must be inspected by a deputy to whom the workplace has been assigned — 

(a)at least once during each working shift to ensure that the workplace is safe for persons working there; and

(b)if there is a break between working shifts that exceeds 4 hours, not less than 2 hours before the new shift is commenced, to ascertain whether — 

(i)any noxious or flammable gas is present in the workplace; and

(ii)ventilation in the workplace is adequate; and

(iii)the roof and sides of the workplace are in a safe condition.

3.21.Inspection of other underground workplaces

(1)An underground workplace (other than an underground workplace in a coal mine) must be inspected by a person who holds either a first class mine manager’s certificate or an underground supervisor’s certificate to ensure that the workplace is safe for persons working there — 

(a)once in each working shift; or

(b)if the underground manager directs under subregulation (3) that the workplace be inspected at more frequent intervals, at such intervals as the underground manager directs.

(2)The underground manager must, in respect of each underground workplace, consider whether the underground workplace should be inspected more frequently than once in each working shift due to the nature of the workplace or the type of activities being conducted in the workplace.

(3)The underground manager may direct in writing that an underground workplace be inspected at specified intervals that are more frequent than once in each working shift.

3.22.Inspection of other workplaces

A workplace not referred to in regulation 3.19, 3.20 or 3.21 must be inspected at least once during each working day by a competent person to ensure that the workplace is safe for persons working there.

Division 4 — Health surveillance

Subdivision A — Preliminary

3.23.Terms used

In this Division, unless the contrary intention appears — 

approved person, in relation to a health assessment under this Division, means a person approved in writing by the State mining engineer to supervise the carrying out of such an assessment;

biological monitoring means the measurement and evaluation of hazardous substances or their metabolites in the body tissues, fluids or exhaled air of a person;

health surveillance record means a record of the results of any health assessment or biological monitoring required to be carried out under this Division;

Mines occupational physician means the Mines occupational physician appointed under regulation 3.34;

occupational disease means — 

(a)a disease of a kind referred to in the Workers’ Compensation and Injury Management Act 1981 Schedule 3; or

(b)any other condition that results from exposure in a workplace to agents or substances to the extent that the normal physiological mechanisms are affected and the health of the employee is impaired as a consequence;

specified occupational exposure work means any category of work in which an employee may be exposed to agents or substances which may warrant specific monitoring to assess potential adverse health effects or potential excessive exposure.

[Regulation 3.23 amended: Gazette 19 Jan 1996 p. 237; 4 Apr 2005 p. 1108; 21 Jul 2009 p. 2919‑20; 11 Jan 2013 p. 50.]

Subdivision B — Health surveillance system

3.24.Effect of Subdivision

This Subdivision has effect for the purposes of section 75(1) of the Act.

[3.25, 3.26.Deleted: Gazette 11 Jan 2013 p. 50.]

3.27.Health assessment

(1)The principal employer and each employer at a mine must ensure that health assessments are carried out in respect of an employee who engages in specified occupational exposure work at the mine, if —

(a)an identifiable disease or other adverse effect on the health of the employee may be related to the exposure; and

(b)there is a reasonable likelihood that the disease or adverse effect may occur under the particular conditions of work; and

(c)there are recognised techniques for detecting indications of the disease or adverse effect.

(2)The State mining engineer may direct that a health assessment be carried out in respect of specified employees at a mine.

(3)The principal employer and each employer at the mine must ensure that a direction given under subregulation (2) is complied with as soon as is practicable.

Penalty: See regulation 17.1.

(4)The State mining engineer may require the results of any health assessment carried out in respect of employees at a mine to be given to the State mining engineer.

(5)The principal employer and each employer at a mine must ensure that a requirement made under subregulation (4) is complied with as soon as is practicable.

Penalty: See regulation 17.1.

[Regulation 3.27 inserted: Gazette 21 Jul 2009 p. 2921‑2; amended: Gazette 11 Jan 2013 p. 50.]

3.28.Biological monitoring

(1)The principal employer and each employer at a mine must ensure that biological monitoring is carried out in respect of employees who engage in specified occupational exposure work at the mine, where there is a recognised biological monitoring procedure and a reasonable likelihood that accepted values might be exceeded.

(2)The State mining engineer may direct that biological monitoring be carried out in respect of specified employees at a mine (other than employees referred to in subregulation (1)).

(3)The principal employer and each employer at a mine must ensure that a direction given under subregulation (2) is complied with as soon as is practicable.

Penalty: See regulation 17.1.

(4)The State mining engineer may require the results of any biological monitoring carried out in respect of employees at a mine to be provided to the State mining engineer.

(5)The principal employer and each employer at a mine must ensure that a requirement made under subregulation (4) is complied with as soon as is practicable.

Penalty: See regulation 17.1.

[Regulation 3.28 amended: Gazette 21 Jul 2009 p. 2922.]

3.29.Categories of employees who do not require health surveillance

Section 75 of the Act does not apply to an employee who — 

(a)normally works in an office, administration building, residential facility or recreational facility where there is no significant exposure to hazardous substances or agents; or

(b)works, or is expected to work, at a mine or mines for a cumulative period not exceeding 3 months in any 12 month period if there is no, or there is not expected to be, significant exposure to hazardous substances or agents during the cumulative period.

[Regulation 3.29 amended: Gazette 21 Jul 2009 p. 2922.]

3.30.Employer responsible for arranging health surveillance

(1)An employer at a mine is responsible for arranging any health assessment or biological monitoring required under this Subdivision.

(2)An employer at a mine must pay the expenses of any health assessment or biological monitoring required under this Subdivision.

(3)An employer may request an employee to attend at a specified place for the purposes of a health assessment or biological monitoring required under this Subdivision.

(4)An employee must not, without reasonable excuse, refuse or fail to comply with a request made under subregulation (3).

Penalty: See regulation 17.1.

Subdivision C — Information on health surveillance

3.31.Medical practitioner to provide results of health assessment

The medical practitioner or approved person under whose supervision a health assessment (including any biological monitoring) is carried out must — 

(a)notify the employee of the results of the assessment and, if necessary, explain those results; and

(b)notify the employer of the outcome of the assessment and advise on the need for remedial action (if any).

[3.32.Deleted: Gazette 21 Jul 2009 p. 2922.]

3.33.Department to keep records

(1)The State mining engineer must ensure that a system is established for keeping health surveillance records (whether at the department, at another department or at both).

(2)The system must cross reference an employee’s health surveillance records to the certificate number of any mine worker’s health certificate issued in respect of the employee under the repealed regulations.

3.34.Mines occupational physician

(1)A person is to be appointed or engaged under the Public Sector Management Act 1994 to be the Mines occupational physician.

(2)The Mines occupational physician is to — 

(a)supervise the keeping of health surveillance records at the department; and

(b)provide medical and technical advice to the State mining engineer and the Mining Industry Advisory Committee; and

(c)give technical and medical advice and support in respect of monitoring programs.

[Regulation 3.34 amended: Gazette 19 Jan 1996 p. 237; 28 Feb 2003 p. 668; 4 Apr 2005 p. 1109.]

3.35.Health surveillance records to be confidential records

(1)The medical practitioner must ensure that health surveillance records that the medical practitioner has are retained as confidential records.

Penalty: See regulation 17.1.

(2)An employer must ensure that records of the results or outcomes of health surveillance obtained by that employer under this Division are retained as confidential records.

Penalty: See regulation 17.1.

3.36.Employee may request copy of record

If an employee applies in writing to the State mining engineer for a copy of any health surveillance record relating to the employee that is kept by the department, the State mining engineer is to cause a copy of that record to be provided to the employee.

3.37.Employer may find out whether employee has previously been assessed

If an employer enquires in writing to the State mining engineer as to whether an employee has previously been given a health assessment under this Division, the State mining engineer is to cause that information to be provided to the employer.

3.38.Confidentiality

(1)In this regulation — 

confidential information means information contained in any health surveillance record.

(2)Except as provided in subregulation (3) or (4), an employee of the department, of a medical practitioner or of an employer must not directly or indirectly divulge any confidential information obtained by reason of any function that person has, or at any time had, in the administration of the Act or these regulations.

Penalty: See regulation 17.1.

(3)Subregulation (2) does not apply to the divulging of information — 

(a)to an employer, employee or any other person as required or permitted under this Division; or

(b)with the consent of the person to whom the information relates.

(4)Subregulation (2) does not apply to the divulging of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

3.39.Notice of occupational disease

If an employer at a mine receives advice from an employee or a person on behalf of an employee that the employee has an occupational disease, the employer must, as soon as is practicable, notify the Mines occupational physician in a form approved for that purpose by the State mining engineer that the employee has the disease.

Penalty: See regulation 17.1.

3.40.Remedial action

(1)If any health assessment or biological monitoring under this Division indicates the need for remedial action to be taken to protect the health of an employee at a mine, the employer must ensure that the action is taken as soon as is practicable.

Penalty: See regulation 17.1.

(2)The State mining engineer may, on the advice of the Mines occupational physician, direct in a particular case that specified remedial action be taken by an employer to protect the health of employees at a mine.

(3)An employer must ensure that a direction given under subregulation (2) is complied with as soon as is practicable.

Penalty: See regulation 17.1.

Division 5 — Notice of accidents

3.41.Requirements if notice in writing

For the purposes of section 76 of the Act, when notice of an accident is given, or confirmed, in writing, the notice must be in the form approved for that purpose by the State mining engineer.

3.42.Monthly status report form

The manager of a mine must ensure that a report is provided to the district inspector in a form approved for that purpose by the State mining engineer as soon as is practicable after the end of each month relating to the status of all employees who have been injured by accidents at the mine, (whether during that month or otherwise), and including the total hours worked by employees and the number of employees.

Penalty: See regulation 17.1.

Division 6 — Surveys and plans

3.43.Term used: Board

In this Division — 

Board means the Mines Survey Board.

3.44.Mines Survey Board

(1)The Mines Survey Board is to consist of — 

(a)the State mining engineer, who is to be the chairperson of the Board; and

(b)5 persons appointed by the Minister, of whom — 

(i)2 must be persons who hold authorised mine surveyor’s certificates and are currently engaged in the mining industry and who are nominated by the body known as the Institution of Engineering and Mining Surveyors Australia Inc. — Western Australian Division; and

(ii)one must be a member of the teaching staff of a course in mine surveying at Curtin University Western Australian School of Mines, a college of the Department of Technical and Further Education (TAFE) or a tertiary education institution of equivalent standing, who holds a recognised qualification in surveying; and

(iii)one must be a person nominated by the Surveyor General; and

(iv)one must be a person who is a licensed surveyor currently engaged in the mining industry and holds an authorised mine surveyor’s certificate (grade 1) and who is nominated by the Institution of Surveyors Australia — Western Australian Division.

(2)A question arising at a meeting of the Board must be decided by a majority of the members of the Board present at the meeting.

(3)The Board may co‑opt any person having relevant specialized knowledge or experience, but a person so co‑opted is not entitled to a vote.

(4)A quorum of the Board is 4 persons.

3.45.Authorised mine surveyor’s certificate — grades

If the Board issues an authorised mine surveyor’s certificate to a person the Board must classify the certificate as being either — 

(a)grade 1 — that is, authorising the person to make or draw surveys or plans of underground mines and quarries; or

(b)grade 2 — that is, authorising the person to make or draw surveys or plans of quarries only.

3.46.Requirement to hold authorised mine surveyor’s certificate

(1)A person must not make or draw a survey or plan of a quarry unless the person — 

(a)holds an authorised mine surveyor’s certificate (either grade 1 or grade 2); or

(b)is acting under the control and supervision of a person who holds an authorised mine surveyor’s certificate (grade 1 or grade 2).

Penalty: See regulation 17.1.

(2)A person must not make or draw a survey or plan of an underground mine unless the person — 

(a)holds an authorised mine surveyor’s certificate (grade 1); or

(b)is acting under the control and supervision of a person who holds such a certificate.

Penalty: See regulation 17.1.

(3)The manager of a mine must cause a record to be made in the record book of the name of the mine surveyor appointed to make or draw the survey or plan of the mine and the day on which that person was appointed.

Penalty: See regulation 17.1.

3.47.Issue of authorised mine surveyor’s certificate

(1)In this regulation — 

applicant means an applicant for an authorised mine surveyor’s certificate.

(2)An applicant must — 

(a)apply to the Board in the form approved for that purpose by the State mining engineer; and

(b)supply documentary evidence of the matters of which the Board is required to be satisfied under this regulation.

(3)The Board may issue an authorised mine surveyor’s certificate to an applicant if the Board is satisfied that the applicant — 

(a)holds the qualifications set out in subregulation (4); and

(b)in the case of an application for an authorised mine surveyor’s certificate (grade 1), has made underground surveys of a nature and under supervision satisfactory to the Board for a period of not less than 24 months; and

(c)in the case of an application for an authorised mine surveyor’s certificate (grade 2), has made surveys of quarry operations of a nature and under supervision satisfactory to the Board for a period of not less than 12 months; and

(d)is of good character.

(4)An applicant for an authorised mine surveyor’s certificate (grade 1 or grade 2) must hold — 

(a)the degree or diploma in mine surveying technology from Curtin University Western Australian School of Mines; or

(b)the 3 year diploma of mine surveying from the Department of Technical and Further Education (TAFE) or, if an application for the certificate is made within 12 months after the coming into operation of the Mines Safety and Inspection Amendment Regulations (No. 2) 1997, the diploma of mining surveying from the Department of Technical and Further Education (TAFE); or

(c)surveying qualifications from any School of Mines, University, Institute of Technology or Technical College deemed by the Board to be equivalent to a qualification referred to in paragraph (a) or (b).

(5)For the purposes of subregulation (4)(c), the surveying qualifications must include — 

(a)in the case of an application for an authorised mine surveyor’s certificate (grade 1), at least 2 mining units and a geology unit; and

(b)in the case of an application for an authorised mine surveyor’s certificate (grade 2), at least one mining unit.

[Regulation 3.47 amended: Gazette 4 Jul 1997 p. 3498.]

[3.48.Omitted under the Reprints Act 1984 s. 7(4)(e).]

3.49.Instruments and accuracy

(1)A person who carries out a survey at a mine must ensure that —

(a)the survey is carried out using instruments and equipment of precision equal to best current industry standards and technology; and

(b)the survey is carried out to a standard that accords with good engineering practice and is to an accuracy of not less than 1:5000.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not apply to a person who carries out a survey of a mine in accordance with an approval given by the district inspector under subregulation (3).

(3)The district inspector may, in a particular case, approve in writing the carrying out by a person of a survey of a mine by means other than those specified in subregulation (1) if the district inspector considers that the means will be sufficiently accurate.

3.50.Datum station and co‑ordinator

(1)A person who carries out a survey of a mine must establish, in the general vicinity of the mine, a datum station which is to serve as the origin for the survey and the co‑ordinate system used.

Penalty: See regulation 17.1.

(2)The position of the datum station referred to in subregulation (1) must be established in terms of the Map Grid of Australia 1994 co‑ordinate system and the Australian Height Datum (AHD).

(3)A person who carries out a survey of a mine must ensure that if a local grid system is used for mine surveying and management the relationship between that grid system and the Map Grid of Australia 1994 in terms of distance and with respect to true bearing is established.

Penalty: See regulation 17.1.

[Regulation 3.50 amended: Gazette 27 Jul 2001 p. 3798.]

3.51.Particulars required in mine plans

(1)For the purposes of section 87(1)(c) of the Act, the following particulars must be contained in plans referred to in that section — 

(a)a plan of the lease or tenement in which the mine is situated showing — 

(i)the datum station established as the origin of the survey; and

(ii)the relationship to the Map Grid of Australia 1994; and

(iii)the relationship to the local grid system;

and

(b)in relation to quarry operations, a plan showing the true size and shape of all excavations and sufficient cross‑sections showing advances made in the quarry operations and the areas reclaimed or again filled in; and

(c)a general plan of any underground levels to a scale that accords with good engineering practice that shows, so far as is practicable, the true size and shape of all development openings, but a composite plan may be accepted if each level on that plan can be clearly seen; and

(d)if any underground drill holes at the mine contain potentially hazardous services including electrical power cables, compressed air lines or diesel fuel lines, details of the location of those holes; and

(e)so far as is practicable, longitudinal sections or projections to a scale that accords with good engineering practice that shows all underground mining operations; and

(f)so far as is practicable, sufficient cross‑sections or projections to a scale that accords with good engineering practice that clearly shows the ore bodies and the parts of ore bodies mined out; and

(g)the date when the plan was made; and

(h)certification by the person who made the plan that the plan is correct.

(2)In relation to a plan of underground mine operations the certification referred to in subregulation (1)(h) must be in the following form — 

This is to certify that this survey has been done by myself (or by persons under my own supervision), subject to adequate inspection and field check, and is the actual result of the observations and measurements, and the survey and plan have been done in accordance with the requirements of the Mines Safety and Inspection Act 1994 and the regulations made under that Act.

DATED the day of 20

 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

Authorised Mine Surveyor Grade . . .

 

Certificate No. . . . . . .

 

 

”.

[Regulation 3.51 amended: Gazette 27 Jul 2001 p. 3798.]

3.52.When plans must be provided to State mining engineer

For the purposes of section 87(2) of the Act, the plans referred to in subsection (1) of that section must be provided to the State mining engineer — 

(a)within one year after the commencement of mining operations at the mine; and

(b)in the case of any mine where there are underground operations, at intervals not exceeding 5 years following the initial provision of plans; and

(c)before any planned period of suspension of mining operations at the mine; and

(d)as soon as practicable after the mine is closed.

3.53.Form of plans

For the purposes of section 87(2) of the Act, the plans referred to in subsection (1) of that section must be provided to the State mining engineer — 

(a)in the case of the initial set of plans, in hard copy form; and

(b)in the case of plans provided before any suspension of mining operations at the mine or when the mine is closed, in hard copy form accompanied, so far as is practicable, by a copy in electronic form; and

(c)in the case of any plans provided at times other than those referred to in paragraph (a) or (b) — 

(i)if the State mining engineer approves, in micro film or in electronic form;

(ii)if the State mining engineer does not approve of the plans being given in micro film or electronic form, in hard copy form.

3.54.Plan of scene of fatal accident

(1)This regulation applies if the Coroner or deputy Coroner or an inspector requires a survey to be carried out or a location plan to be prepared of the scene of any fatal accident at a mine (whether underground or elsewhere at the mine).

(2)If this regulation applies, the manager of the mine must ensure that a person is not engaged to carry out the survey or to prepare the location plan unless the person is the holder of an authorised mine surveyor’s certificate.

Penalty: See regulation 17.1.

Part 4 — General safety requirements

Division 1 — General

4.1.Protective clothing and equipment

(1)The manager of, and each employer at, a mine must ensure that employees and other persons at the mine — 

(a)wear or use personal protective clothing or equipment provided if it is necessary to protect them against any hazard at the mine; and

(b)are properly fitted with such clothing or equipment and are properly instructed by a competent person as to how to use the clothing or equipment.

Penalty: See regulation 17.1.

(2)The manager of, and each employer at, a mine must ensure that any personal protective clothing and equipment supplied for use at the mine — 

(a)conforms with any applicable Australian Standard; and

(b)is properly maintained; and

(c)is replaced if it becomes defective.

Penalty: See regulation 17.1.

(3)If a sign or notice is displayed at a mine directing that persons wear or use any personal protective clothing or equipment in an area of the mine, any employee or other person entering or in that area must wear or use the clothing or equipment.

Penalty: See regulation 17.1.

(4)Subregulation (3) does not apply to an employee or person who has, before entering the area, been exempted in writing by the manager from wearing or using the clothing or equipment in that area.

(5)An employee and any other person at a workplace must ensure that loose clothing, personal adornments and hair are confined so as to prevent entanglement with any machinery, electrical equipment or other device at the workplace.

Penalty: See regulation 17.1.

4.2.Confined spaces

The manager of, and each employer at, a mine must ensure that the requirements of AS 2865:2009 are complied with in relation to work carried out in a confined space at the mine.

Penalty: See regulation 17.1.

[Regulation 4.2 amended: Gazette 21 Jul 2009 p. 2922; 11 Jan 2013 p. 52.]

4.3.Hot work procedures

(1)The manager of, and each employer at, a mine must ensure that a person is not allowed to use welding, oxy‑acetylene cutting or other hot work equipment at the mine if there is any risk of personal injury or damage to plant or facilities from fire unless the person has a permit to do so signed by a competent person at the mine.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not apply at — 

(a)a workshop or similar controlled work environment; or

(b)a workplace protected by a fixed fire suppression system.

4.4.Guards and handrails

(1)The manager of, and each employer at, a mine must ensure that adequate handrails, guards or fences are provided on all steps, stairs, elevated walkways and platforms, and on any other elevated workplace where there is a risk of injury to employees from falling.

Penalty: See regulation 17.1.

(2)Each responsible person at a mine must ensure that any ladder on a chimney stack, or on any other elevated structure, at the mine — 

(a)is enclosed to minimize the risk of falling and is fitted with rest platforms within the confines of the enclosure at intervals not exceeding 10 m; or

(b)is fitted with a fall arrest system.

Penalty: See regulation 17.1.

(3)Each responsible person at a mine must ensure that any moving machinery at the mine which creates a risk of injury to an employee through inadvertent contact is screened or guarded to prevent such contact.

Penalty: See regulation 17.1.

4.5.Fall arrest equipment

(1)The manager of, and each employer at, a mine must ensure that — 

(a)fall arrest equipment is provided to employees at a workplace if the risk of injury to employees from falling cannot be eliminated from the workplace or the system of work at the workplace; and

(b)the equipment referred to in paragraph (a) is — 

(i)appropriately designed for the task for which it is to be used; and

(ii)used in such a way as to reduce, so far as is practicable, the possibility of injury to the user; and

(iii)properly maintained.

Penalty: See regulation 17.1.

(2)If any fall arrest equipment is used to arrest a fall, the manager and each employer must ensure that the equipment is checked by a competent person and is serviced or discarded in accordance with the manufacturer’s specifications.

Penalty: See regulation 17.1.

[Regulation 4.5 amended: Gazette 21 Jul 2009 p. 2923.]

4.6.Conveyor haulage safety

(1)A person must not ride on a conveyor in a mine.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not apply to a conveyor that is designed for the purpose of transporting persons.

(3)The manager of an underground mine must ensure that, so far as is practicable, a warning device, audible at all locations along the conveyor, is sounded each time before any conveyor belt at the mine is started to warn persons that the conveyor belt is about to start.

Penalty: See regulation 17.1.

(4)The manager of an underground mine must ensure that if any conveyor haulage at the mine is designed to start by remote or automatic control, the design includes an alarm, audible at all locations along the conveyor, which sounds for an appropriate period before the conveyor belt starts.

Penalty: See regulation 17.1.

(5)Subregulation (3) does not apply to short conveyor haulages at shaft load stations or transfer points if signs warning of automatic or remote (as the case may be) start operation are prominently displayed at each entry to, and in the vicinity of, the conveyor system.

(6)An inspector may direct that a means of stopping a conveyor belt by a device that is not capable of re‑starting the conveyor belt must be provided at an underground mine so as to be available to each person along its course.

(7)The manager of an underground mine must ensure that a direction given under subregulation (6) is complied with as soon as is practicable.

Penalty: See regulation 17.1.

(8)A person must not go under or clean under a moving conveyor belt in an underground mine unless the person is protected from the belt by a screen guard.

Penalty: See regulation 17.1.

(9)The manager of an underground mine must ensure that each conveyor way underground in the mine is equipped with a suitable walkway or travelway to allow safe access for maintenance or other purposes.

Penalty: See regulation 17.1.

(10)The manager of an underground mine must ensure that each conveyor haulage way installed underground in the mine, or in a surface stockpile tunnel at the mine which incorporates combustible materials, is protected by a fixed fire suppression system which is designed for automatic operation, but which has provision for manual operation.

Penalty: See regulation 17.1.

(11)The manager of an underground coal mine must ensure that conveyor belts in the mine are constructed of flame resistant material that complies with AS 1332, AS 1333 and AS 1334.

Penalty: See regulation 17.1.

4.7.Intoxicating liquor or drugs

(1)A person (whether or not an employee) must not be in or on any mine while the person is adversely affected by intoxicating liquor or drugs.

Penalty: See regulation 17.1.

(2)The principal employer at, or the manager or supervisor of, a mine may direct an employee reporting for duty to immediately leave the mine if in the opinion of the principal employer, manager or supervisor the employee is adversely affected by intoxicating liquor or drugs.

(3)An employee must not refuse or fail to comply with a direction given under subregulation (2).

Penalty: See regulation 17.1.

(4)A person must not, without the knowledge and permission of the manager of the mine — 

(a)have any intoxicating liquor or deleterious drug in his or her possession in or on a mine; or

(b)consume any intoxicating liquor or deleterious drug while in or on a mine.

Penalty: See regulation 17.1.

4.8.Weather protection

(1)Each responsible person at a mine must ensure that adequate shelter is provided for employees waiting to go underground during inclement weather.

Penalty: See regulation 17.1.

(2)Each responsible person at a mine must ensure that suitable wet weather clothing is provided for employees required to work in exposed places at the mine.

Penalty: See regulation 17.1.

4.9.Debris in open cut working

A person must not place in any open cut working (whether in use or abandoned) any debris, refuse or other material that is likely to create a hazard for any person.

Penalty: See regulation 17.1.

4.10.Safety signs

(1)Each responsible person at a mine must ensure that sufficient safety signs are posted in workplaces and travelways to — 

(a)prevent accidents; and

(b)identify hazards; and

(c)indicate the location of safety and fire protection equipment; and

(d)provide guidance and instruction in emergency procedures.

Penalty: See regulation 17.1.

(2)Safety signs referred to in subregulation (1) must, so far as is practicable, use the text, colours, shapes, symbols and sizes specified in AS 1319.

(3)The manager of, and each employer at, a mine must ensure that safety signs referred to in subregulation (1) are at all times — 

(a)placed so that they can be readily seen; and

(b)maintained in a clean and readable condition.

Penalty: See regulation 17.1.

(4)A person must not — 

(a)damage, deface or obscure a safety sign at a mine; or

(b)remove a safety sign at a mine unless the person is authorised to do so by the manager of the mine.

Penalty: See regulation 17.1.

[Regulation 4.10 amended: Gazette 11 Jan 2013 p. 50.]

4.11.Flood protection

The manager of a mine must ensure that — 

(a)the risk of flooding at the mine from all sources has been evaluated; and

(b)adequate precautions have been taken to prevent danger to employees from flooding.

Penalty: See regulation 17.1.

4.12.Use of compressed air

(1)Before using a hose to transfer any compressed air, the person using that hose must ensure that all connections in the hose length are coupled and secured so as to prevent accidental disconnection.

Penalty: See regulation 17.1.

(2)A person must not use compressed air for cleaning purposes in a workplace if the use of the compressed air is likely to generate dust in the workplace.

Penalty: See regulation 17.1.

(3)Subregulation (2) does not apply if — 

(a)a combination of compressed air and water is being used; or

(b)the compressed air is being used in an underground mine to clean any shaft or winze door or any bench, stope or development heading floor for inspection before drilling and the person using the compressed air is wearing suitable protective clothing.

(4)A person must not use compressed air for the purpose of cleaning the person’s body or clothing, or the body or clothing of another person.

Penalty: See regulation 17.1.

4.13.Induction and training of employees

(1)Each responsible person at a mine must ensure that every employee is — 

(a)given adequate instruction and training in safety procedures and systems of work and in the tasks required of the employee; and

(b)assessed before commencing work at the mine to ensure that the employee is competent to perform the tasks he or she will be assigned and to operate any plant and equipment the employee will be required to operate; and

(c)retrained and reassessed whenever systems of work or plant and equipment are changed, or new systems of work or plant and equipment are introduced.

Penalty: See regulation 17.1.

(2)Each responsible person at a mine must ensure that — 

(a)a record is made of any instruction, training, retraining, assessment or reassessment given as required under this regulation; and

(b)the record is kept for a minimum of 2 years after it is made.

Penalty: See regulation 17.1.

4.14.Training in safety procedures relating to use of helicopters

In addition to regulation 4.13, an employer must ensure that, if any mining operation involves the use of a helicopter, employees engaged in that operation have been adequately trained in safety procedures relating to the use of helicopters.

Penalty: See regulation 17.1.

4.15.Roll over protection for surface earth moving machinery

(1)A reference in this regulation to earth moving machinery includes any unit of earth moving equipment that has been modified to perform other service functions (including operation as a road watering tanker truck), but does not include earth moving machinery that is only used underground.

(2)The principal employer at, and the manager of, a mine must ensure that — 

(a)each earth moving machinery unit used at the mine is fitted with a roll over protective structure that conforms with AS 2294; and

(b)each agricultural tractor used at the mine is fitted with a roll over protective structure that conforms with AS 1636; and

(c)if any roll over protective structure fitted to a vehicle referred to in paragraph (a) or (b) is structurally damaged, the vehicle is withdrawn from service until the structure is repaired, replaced or restored to a fully functional condition.

Penalty: See regulation 17.1.

(3)This regulation does not apply to any vehicle that, immediately before the commencement day, was being used at a mine and was not fitted with the roll over protective structure required under this regulation, until the expiration of 24 months from the commencement day.

4.16.Seat belts for vehicles

(1)The principal employer at, and the manager of, a mine must ensure that — 

(a)each vehicle used at the mine is fitted with seat belts and seat belt anchorage points that conform with the Australian Design Rules; and

(b)if any seat position is added to a vehicle used at the mine, the seat is fitted with a seat belt and seat belt anchorage point that conforms with the Australian Design Rules.

Penalty: See regulation 17.1.

(2)If a seat referred to in subregulation (1) is a suspension seat, the seat belt anchorage must be attached to the seat assembly and the seat belt fitted with the appropriate retractor.

(3)A person must not, while occupying a seat position in a vehicle to which a seat belt has been fitted for that seat position, drive or travel in that vehicle at a mine unless the person is wearing that seat belt and the seat belt is properly adjusted and securely fastened.

Penalty: See regulation 17.1.

[Regulation 4.16 amended: Gazette 11 Jan 2013 p. 50.]

4.17.English language requirements

(1)Each responsible person at a mine must ensure that a person is not employed to work in or about the mine in a position of responsibility unless the person is able to speak the English language readily and intelligibly and is able to read and write the English language competently.

Penalty: See regulation 17.1.

(2)For the purposes of subregulation (1), a person is employed to work in or about a mine in a position of responsibility if the person is employed to work — 

(a)as a mine surveyor; or

(b)as a member of the emergency services personnel; or

(c)as a winding engine driver; or

(d)in any position if the person operates, or controls the movement of, any conveyance in a shaft; or

(e)in any other position if the person’s acts or omissions might reasonably be expected to affect the safety of other persons in or about the mine.

Division 2 — Construction work

4.18.Term used: construction work

In this Division — 

construction work means — 

(a)the construction, erection, installation, alteration, repair, maintenance, cleaning, painting, renewal, removal, excavation, dismantling or demolition of, or addition to, any building or structure, or any work in connection with any of those things, that is done at or adjacent to the place where the building or structure is located; or

(b)work on which a hoisting appliance or any scaffolding or shoring is used or intended to be used; or

(c)work in driving or extracting piles, sheet piles or trench sheet; or

(d)work in laying any pipe or work in lining pipe that is carried out at or adjacent to the place where the pipe is laid or is to be laid; or

(e)work in sinking or lining or altering, repairing, maintaining, renewing, removing, or dismantling a well or borehole; or

(f)roadworks, earthworks or reclamation,

but does not include any activity referred to in paragraph (a), (b), (c), (d), (e) or (f) that is carried out in the normal course of development, production, servicing or maintenance of ongoing mining operations.

4.19.Division does not apply to underground construction work

This Division does not apply to or in relation to construction work carried out underground in a mine.

4.20.Construction work to be carried out by competent persons

Each responsible person at a mine must ensure that construction work at the mine is carried out by competent persons.

Penalty: See regulation 17.1.

4.21.Appointment of responsible person and supervisors

The principal employer at, and the manager of, a mine must ensure that — 

(a)a person is appointed to be responsible for the general control of construction work at the mine; and

(b)sufficient additional competent persons are appointed to help supervise such work.

Penalty: See regulation 17.1.

4.22.Compliance with Australian or Australian/New Zealand Standards

The principal employer at, and the manager of, a mine must ensure that construction work at the mine is carried out in accordance with the applicable Australian or Australian/New Zealand Standards set out in the Table.

Penalty: See regulation 17.1

Table

Item

AS or AS/NZS Number

Title

1

AS/NZS 1576

Scaffolding

2

AS/NZS 1562.3

Design and installation of sheet roof and wall cladding — Plastic

3

AS 1674

Safety in welding and allied processes

4

AS/NZS 1801

Occupational protective helmets

5

AS/NZS 1873

Powder-actuated (PA) hand held fastening tools

6

AS/NZS 1891

Industrial fall-arrest systems and devices

7

AS/NZS 1892

Portable ladders

8

AS 2601

The demolition of structures

9

AS 2865

Confined spaces

10

AS/NZS 3012

Electrical installations —Construction and demolition sites

[Regulation 4.22 inserted: Gazette 11 Jan 2013 p. 51.]

Division 3 — Emergency preparation

4.23.Terms used

In this Division, unless the contrary intention appears — 

emergency exit means an exit other than the usual means of access to or egress from a place;

filter self rescuer means a unit of personal respiratory protective equipment which, when worn by the user, filters out carbon monoxide from the ambient air breathed through the filter;

self contained self rescuer means a unit of personal respiratory protective equipment which provides the user with an independent source of respirable air, protecting the user from toxic or asphyxiant atmospheres.

4.24.First aid equipment to be provided

(1)The principal employer at, and the manager of, a mine must ensure that appropriate first aid equipment, facilities and services are provided at the mine at all times when persons are working at the mine.

Penalty: See regulation 17.1.

(2)For the purpose of determining what first aid equipment, facilities and services are appropriate under subregulation (1), regard must be had to — 

(a)the nature of the hazards associated with mining operations at the mine; and

(b)the risk level of those hazards; and

(c)whether a doctor or medical officer is available at, or near, the mine; and

(d)the proximity of the mine to hospital facilities and services.

4.25.Resuscitation equipment

The principal employer at, and the manager of — 

(a)a mine where hazardous substances are produced, used or stored; and

(b)every underground mine,

must ensure that — 

(c)suitable resuscitation equipment is provided at the mine; and

(d)a person trained and qualified to use the resuscitation equipment is available at the mine at all times when persons are working at the mine.

Penalty: See regulation 17.1.

4.26.First aid personnel

The principal employer at, and the manager of, a mine must ensure that — 

(a)a person qualified in first aid is available at the mine at all times when persons are working at the mine; and

(b)so far as is practicable, a person qualified and experienced in advanced first aid is available, or on call, at the mine at all times while persons are working at the mine.

Penalty: See regulation 17.1.

4.27.First aid vehicles

The principal employer at, and the manager of, a mine must ensure that a vehicle equipped to transport injured or sick persons is available at the mine at all times while persons are working at the mine.

Penalty: See regulation 17.1.

4.28.Information about first aid

The manager of, and each employer at, a mine must ensure that all persons employed at the mine are informed of — 

(a)what first aid equipment, facilities and services are provided at the mine; and

(b)the location of the equipment, facilities and services at the mine; and

(c)the procedures for obtaining first aid at the mine.

Penalty: See regulation 17.1.

4.29.Additional first aid equipment

(1)The district inspector may, by notice in writing given to the manager of a mine, require specified additional first aid equipment, facilities or services to be provided at the mine (either at all times or during any specified period or periods).

(2)The manager of a mine must ensure that a requirement made under subregulation (1) is complied with as soon as is practicable.

Penalty: See regulation 17.1.

4.30.Preparation of emergency plan

(1)The principal employer at, and the manager of, a mine must ensure that a plan for dealing with emergencies at the mine is prepared — 

(a)in the case of an existing mine, as soon as is practicable after the commencement day; or

(b)in any other case, before mining operations commence at the mine.

Penalty: See regulation 17.1.

(2)The plan referred to in subregulation (1) must — 

(a)identify hazards that might cause an emergency at the mine; and

(b)assess the risk of such an emergency occurring; and

(c)consider means by which any such emergency may be prevented or dealt with, including by — 

(i)the provision of appropriate facilities and equipment; and

(ii)the provision of effective alarm systems; and

(iii)the testing of alarm systems; and

(iv)the development of procedures to deal with emergencies; and

(v)the training of employees in emergency procedures; and

(vi)the training of employees in fire fighting, mine rescue and other relevant emergency response functions; and

(vii)the review of facilities, equipment and procedures.

(3)The principal employer at, and the manager of, a mine must ensure that the plan is updated and revised whenever it is necessary to do so due to any change in mining operations, equipment, systems or procedures at the mine.

Penalty: See regulation 17.1.

4.31.Emergency exits to be provided for surface operations

(1)Each responsible person at a mine must ensure that — 

(a)so far as is practicable, an emergency exit is provided from each treatment plant and building on the surface of the mine; and

(b)the emergency exit is clearly identified and kept free from obstruction.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not require the provision of an emergency exit in an explosives magazine.

4.32.Emergency lighting

(1)If failure of artificial lighting at a workplace is likely to result in a hazard to any person in the workplace, the manager of the mine must ensure that a system of emergency lighting is provided at the workplace that — 

(a)is independent of the regular lighting system; and

(b)operates automatically when the regular lighting system fails; and

(c)provides sufficient light to enable safe evacuation of the workplace.

Penalty: See regulation 17.1.

(2)The manager of a mine must ensure that any system of emergency lighting referred to in subregulation (1) is tested as often as is required to comply with the manufacturer’s specifications for testing the system.

Penalty: See regulation 17.1.

(3)This regulation does not apply to a workplace where miner’s cap lamps are the sole source of artificial lighting.

4.33.Mine rescue equipment for underground mines

(1)The principal employer at, and the manager of, an underground mine must ensure that — 

(a)adequate rescue equipment and breathing apparatus are provided at the mine; and

(b)persons trained in the use of that equipment and apparatus are available or on call at the mine at all times while persons are working in the mine.

Penalty: See regulation 17.1.

(2)In subregulation (1)(a) — 

adequate means adequate having regard to the nature and extent of mining operations conducted at the mine the degree of risk to persons working at the mine and the availability of other rescue equipment and personnel outside the mine.

4.34.Self rescuers in underground mines

(1)The manager of an underground mine must ensure that any person who goes underground in the mine — 

(a)is provided with (at least) a filter self rescuer or (preferably) a self contained self rescuer; and

(b)is fully trained in the use and limitations of the self rescuer provided.

Penalty: See regulation 17.1.

(2)If there is a risk of a dust explosion or an identified risk from naturally occurring noxious or asphyxiant gases in an underground mine, the manager of the mine must ensure that all persons who go underground in the mine are provided with self contained self rescuers.

Penalty: See regulation 17.1.

(3)A person in an underground mine must not — 

(a)wilfully damage a self rescuer; or

(b)use a self rescuer for a purpose other than the preservation of life or to demonstrate how it works.

Penalty: See regulation 17.1.

4.35.Procedures for accounting for persons in underground mines

The manager of an underground mine must ensure that adequate procedures are in place at the mine to enable all persons who are working underground in the mine to be promptly accounted for in the event of an emergency.

Penalty: See regulation 17.1.

4.36.Specific emergency precautions required to be taken for underground mines

(1)This regulation applies to any of the following potential incidents — 

(a)a fire; or

(b)an accidental explosion (including a sulphide dust or coal dust explosion); or

(c)a failure of the primary ventilation system; or

(d)flooding; or

(e)an inrush of mud or tailings; or

(f)an inrush or outburst of gas; or

(g)the extensive collapse of workings.

(2)The principal employer at, and the manager of, an underground mine must ensure that, so far as is practicable, the following things have been done to ensure the safety of persons working underground in the mine in the event of a potential incident to which this regulation applies — 

(a)an alarm system has been installed and a procedure has been established for activating the system; and

(b)a procedure has been established for the prompt notification of rescue and fire fighting teams; and

(c)a procedure has been established for evacuating persons working underground; and

(d)fire refuge chambers and fresh air bases are provided for persons working underground; and

(e)provision has been made for the safety of drivers of winding engines at underground shafts; and

(f)all employees are adequately trained and retrained in emergency procedures and the use of emergency equipment and facilities; and

(g)emergency drills have been conducted on a regular basis.

Penalty: See regulation 17.1.

4.37.Flammable materials or explosives not to be stored near mine openings

The manager of an underground mine must ensure that flammable liquids, flammable materials or explosives are not stored within 50 m of any entrance to the mine.

Penalty: See regulation 17.1.

Part 5  Electricity in mines

5.1.Terms used

In this Part, unless the contrary intention appears — 

cable means an electrical cable within the meaning of AS/NZS 3000;

electrical inspector means a special inspector designated as an electrical inspector;

electrical log book means the book referred to in regulation 5.13;

electrical supervisor, in relation to a mine, means a person appointed to be an electrical supervisor for that mine under regulation 5.10;

electrical work has the same meaning as in the Electricity (Licensing) Regulations 1991;

extra‑low voltage means a voltage normally not exceeding — 

(a)32 volts alternating current; or

(b)115 volts direct current;

hazardous area has the same meaning as in AS/NZS 3000;

high voltage means a voltage normally exceeding low voltage;

low voltage means a voltage normally exceeding extra‑low voltage but not normally exceeding 1 000 volts alternating current or 1 500 volts direct current;

mobile apparatus means any apparatus or assembly of apparatus that is too heavy to be portable apparatus but is capable of being moved without discontinuing its electric power supply during its use;

moveable apparatus means any apparatus or assembly of apparatus that is too heavy to be portable apparatus but that is moved about between periods of use with its electric power supply disconnected;

portable apparatus means any apparatus or assembly of apparatus that is intended to be normally held in the hand during use or which can be carried by a person;

reeling cable means a cable specifically designed to be frequently reeled on and off a cable drum or reeler on mobile apparatus;

trailing cable means a cable specifically designed to be moved in conjunction with mobile apparatus.

[Regulation 5.1 amended: Gazette 11 Jan 2013 p. 52.]

5.2.Notice of intention to install electricity supply

The manager of a mine must ensure that, before any electricity supply is introduced or re‑introduced at a mine, notice of intention to introduce or re‑introduce (as the case may be) that electricity supply is given to the electrical inspector.

Penalty: See regulation 17.1.

5.3.Installations and equipment to be in accordance with AS/NZS Standard

Each responsible person at a mine must ensure that electrical installations and equipment are in accordance with AS/NZS 3000.

Penalty: See regulation 17.1.

[Regulation 5.3 amended: Gazette 11 Jan 2013 p. 52.]

5.4.Hazardous areas

Each responsible person at a mine must ensure that the design, construction and testing of any electrical equipment to be installed or used in a hazardous area has been certified by the manufacturer as being in accordance with — 

(a)AS 2380; or

(b)an equivalent standard in another country that has been approved in writing by the State mining engineer for the purposes of this regulation.

Penalty: See regulation 17.1.

5.5.Unauthorised access

Each responsible person at a mine must ensure that any room, enclosure or other place used principally for the installation of electrical equipment is designed to restrict access by unauthorised persons.

Penalty: See regulation 17.1.

5.6.Interference or damage

A person must not wilfully or negligently damage, interfere with, or, without the authority of the manager, render unserviceable any electric cable, electrical appliance or electrical equipment, or any part thereof, used in connection with the supply or use of electricity in a mine.

Penalty: See regulation 17.1.

5.7.Switching on or cutting off of electrical supply

A person must not switch on or cut off the electricity supply to or at a mine unless the person — 

(a)has been authorised to do so by the manager of the mine; and

(b)has ensured that it is safe to do so.

Penalty: See regulation 17.1.

5.8.Working space

Each responsible person at a mine must ensure that adequate working space and adequate means of access to that working space are provided for persons to carry out work on electrical equipment at the mine.

Penalty: See regulation 17.1.

5.9.Electrical work to be carried out by licensed persons

Each responsible person at a mine must ensure that a person is not engaged or permitted to carry out electrical work at the mine unless the person is authorised to carry out that work by a licence or permit under the Electricity (Licensing) Regulations 1991.

Penalty: See regulation 17.1.

5.10.Electrical supervisors

(1)The principal employer at, and the manager of, a mine must ensure that sufficient electrical supervisors are appointed in writing by the principal employer or manager — 

(a)to ensure the efficient supervision of the installation, maintenance and testing of electrical equipment; and

(b)to be responsible to the manager for the electrical equipment at the mine.

Penalty: See regulation 17.1.

(2)To be eligible for appointment as an electrical supervisor a person must — 

(a)hold — 

(i)electrical engineering qualifications acceptable for professional engineer membership of the Institution of Engineers Australia; or

(ii)an electrical worker’s licence endorsed “electrician” or “electrical mechanic” issued under the Electricity (Licensing) Regulations 1991;

and

(b)have not less than 2 years relevant experience of electrical work in the mining industry, or in other heavy industry.

(3)The principal employer at, or the manager of, a mine may in writing revoke any appointment made under subregulation (1).

(4)The manager of a mine must ensure that the following things are recorded in the record book for the mine — 

(a)the appointment of any person as an electrical supervisor or the revocation of any such appointment; and

(b)the electrical supervisor’s areas of responsibility.

Penalty: See regulation 17.1.

[Regulation 5.10 amended: Gazette 21 Jul 2009 p. 2923.]

5.11.Duties of electrical supervisor

An electrical supervisor at a mine is responsible for — 

(a)ensuring that all work carried out by persons in relation to electrical equipment and installations at the mine is adequately supervised; and

(b)ensuring that electrical equipment and installations at the mine are installed and tested in accordance with these regulations, and maintained in a safe working condition; and

(c)stopping the use of any electrical equipment or installation at the mine considered to be dangerous and reporting to the manager any situation which may affect the safe use of electricity or contravene these regulations; and

(d)investigating, recording in the electrical log book and reporting to the manager details of — 

(i)any electric shock or burn received by a person; and

(ii)any fire suspected to be caused by electricity; and

(iii)any dangerous occurrence involving electricity which could have caused injury to a person;

and

(e)recording in the electrical log book any information required under this Part to be recorded in that book.

5.12.Defects to be reported

An employee at a mine must immediately report to the manager or electrical supervisor any defect or damage to electrical equipment which may render the equipment unsafe for use.

Penalty: See regulation 17.1.

5.13.Records to be kept

(1)The manager of a mine must cause to be kept at the mine — 

(a)an electrical log book in which the information required by this Part must be recorded; and

(b)plans showing the location and details of all — 

(i)high voltage cabling and equipment installed at the mine; and

(ii)main switches provided at the mine; and

(iii)low voltage and high voltage cables installed in the ground at the mine;

and

(c)copies of any compliance and test certificates relating to equipment used or installed in hazardous areas.

Penalty: See regulation 17.1.

(2)The manager of a mine must ensure that the plans referred to in subregulation (1)(b) are immediately revised or replaced if necessary to reflect any changes to electrical equipment at the mine.

Penalty: See regulation 17.1.

5.14.Details of electrical installing work

The manager of a mine must ensure that details of all electrical installing work carried out at the mine is recorded in the electrical log book.

Penalty: See regulation 17.1.

5.15.Fire extinguishers

The manager of, and each employer at, a mine must ensure that fire extinguishers of an appropriate type and size are kept ready for use — 

(a)near main switchboards and substations; and

(b)at any other place that an inspector requires.

Penalty: See regulation 17.1.

5.16.Main switches

The manager of a mine must ensure that main switches are provided in readily accessible positions to control the supply of electricity to each of the following places at the mine — 

(a)a quarry operation; and

(b)a dredge; and

(c)a construction site; and

(d)an underground mine.

Penalty: See regulation 17.1.

5.17.Notices to be displayed

The manager of a mine must ensure that a notice providing instructions for the resuscitation of persons suffering from electric shock is displayed near the entrance to each room, enclosure or other place at the mine that is used principally for the installation or maintenance of electrical equipment.

Penalty: See regulation 17.1.

5.18.High voltage installations

(1)The manager of a mine where high voltage equipment is installed must appoint in writing one or more competent persons (in this regulation referred to as high voltage operators) to be responsible for high voltage installations at the mine.

Penalty: See regulation 17.1.

(2)Each responsible person at a mine must ensure that — 

(a)before any high voltage installation is installed at the mine, complete details of the proposed installation are provided to an electrical inspector; and

(b)the isolation of any high voltage equipment at the mine for access, maintenance or repair purposes is only carried out by a high voltage operator; and

(c)the appointment of any person as a high voltage operator at the mine is recorded in the record book; and

(d)any safety equipment required to be provided under the Electricity Regulations 1947 is provided in respect of any high voltage installation at the mine; and

(e)any methods of work required to be complied with under the Electricity Regulations 1947 are complied with in respect of any high voltage installation at the mine; and

(f)a person does not work, or operate any plant, in close proximity to exposed high voltage conductors or components unless authorised to do so by a permit issued by a high voltage operator.

Penalty: See regulation 17.1.

(3)A high voltage operator must not issue a permit referred to in subregulation (2)(f) to any person unless the high voltage operator has ensured that all relevant safety measures have been detailed on the permit and have been given effect to.

Penalty: See regulation 17.1.

5.19.Installation of cables

Each responsible person at a mine must ensure that cables are installed, located, supported and protected in a way that — 

(a)minimizes the risk of damage to the cable; and

(b)does not obstruct any accessway; and

(c)separates the cable from other services at the mine.

Penalty: See regulation 17.1.

5.20.Cable coverings

(1)Each responsible person at a mine must ensure that any cables installed in a quarry operation, on a dredge or in an underground mine are protected by a metallic covering that complies with subregulation (2) and encloses all of the conductors of the cable (including the earthing conductor).

Penalty: See regulation 17.1.

(2)The metallic covering must be — 

(a)electrically continuous; and

(b)connected to earth; and

(c)protected against corrosion; and

(d)securely attached to equipment at each end.

(3)Subregulation (1) does not apply to — 

(a)a trailing cable, or a reeling cable, that complies with regulation 5.21; or

(b)a cable or conductor energized at extra‑low voltage; or

(c)a flexible cord not exceeding 3 m in length that is permanently connected to a portable apparatus; or

(d)a cable used in a floating treatment plant which is part of a dredging operation; or

(e)a cable used for telephone or signalling purposes.

5.21.Trailing cables and reeling cables

Each responsible person at a mine must ensure that any trailing cable and reeling cable at the mine — 

(a)conforms to AS/NZS 1802 if the mine is an underground coal mine or AS/NZS 2802 in any other case; and

(b)incorporates a pilot core arranged to cut off the supply of electricity in the event of a break in the earthing circuit; and

(c)is installed, located and used in a way that minimizes the risk of damage to the cable and to any connecting or coupling device; and

(d)is repaired and tested in accordance with AS/NZS 1747.

Penalty: See regulation 17.1.

[Regulation 5.21 amended: Gazette 11 Jan 2013 p. 52.]

5.22.Signals and telephones

Each responsible person at a mine must ensure that any cable and apparatus used for telephone or signalling systems that is installed in quarry operations, on a dredge, or in an underground mine is of substantial and reliable construction.

Penalty: See regulation 17.1.

5.23.Earthing systems

(1)Each responsible person at a mine must ensure that — 

(a)any earthing system installed in a quarry operation or an underground mine is connected to the earthing system established at the surface of the mine by means of a continuous earthing conductor; and

(b)no earthing electrode is installed in a quarry operation or an underground mine; and

(c)the neutral point of an alternating current electrical system is effectively earthed to the main earthing system; and

(d)an earthing system that incorporates an impedance complies with the requirements for protection against indirect contact in AS 3007.2; and

(e)any single phase alternating current apparatus that is installed in a quarry operation or an underground mine is supplied from a double wound transformer having one pole of the secondary winding connected to earth.

Penalty: See regulation 17.1.

(2)The requirements in subregulation (1)(a), (b) and (e) do not apply to installations in any parts of quarry operations that are safe distances from places where electrical shot firing methods are employed.

5.24.Earth leakage protection

(1)Each responsible person at a mine must ensure that an earth leakage protection device that complies with subregulation (2) is provided for — 

(a)all alternating current circuits installed in a quarry operation, on a part of a dredge other than a floating treatment plant, and in an underground mine; and

(b)all circuits providing alternating current supply to portable, mobile or moveable apparatus.

Penalty: See regulation 17.1.

(2)The earth leakage protection device must — 

(a)be set to operate immediately so far as is practicable; and

(b)incorporate a readily accessible means for testing the operation of the device; and

(c)operate at a leakage current not exceeding — 

(i)30 milliamperes and comply with AS/NZS 3190 (Type II) for circuits supplying portable apparatus; or

(ii)1 ampere for low voltage circuits; or

(iii)2 amperes for high voltage circuits.

(3)This regulation does not apply to electrical systems operated at extra‑low voltage.

[Regulation 5.24 amended: Gazette 11 Jan 2013 p. 52.]

5.25.Electric trolley wire systems

The manager of a mine must ensure that an electric trolley overhead wire system is not installed or used in a quarry or in an underground mine without the prior written approval of the district inspector.

Penalty: See regulation 17.1.

5.26.Lightning protection

Each responsible person at a mine must ensure that adequate protection is provided for installations, buildings and structures at the mine that are at risk from the effects of atmospheric electricity.

Penalty: See regulation 17.1.

5.27.Maintenance of electrical equipment

(1)Each responsible person at a mine must ensure that a maintenance system that complies with subregulation (2) is in place at the mine to ensure that electrical equipment and installations are maintained in safe working order.

Penalty: See regulation 17.1.

(2)The maintenance system must include — 

(a)periodic examination and testing of all equipment and cables at such intervals as may be necessary to ensure safety; and

(b)quarterly examination, testing and tagging of any portable apparatus that is normally used in heavy operating environments such as workshops, mining areas, processing areas, construction sites and similar places; and

(c)routine testing of the effectiveness of the earthing system, the continuity of earthing conductors and the adequacy of electrical insulation; and

(d)monthly testing of earth leakage protection devices and earth continuity protection devices required to be installed in a quarry operation, on a part of a dredge other than a floating treatment plant, or in an underground mine.

(3)A tag referred to in subregulation (2)(b) must identify the date of examination and testing and the person who carried out the examination and testing.

(4)When any examination or test is carried out in accordance with this regulation, the electrical supervisor at a mine must ensure that either — 

(a)the results are recorded in the electrical log book; or

(b)an entry is made in the electrical log book describing where the results can be found.

Penalty: See regulation 17.1.

5.28.Overhead powerlines

(1)Each responsible person at a mine must ensure that — 

(a)overhead powerlines are located, installed and identified in a way that minimizes the risk of inadvertent contact by vehicles and machinery; and

(b)any high voltage overhead powerlines are designed and constructed in accordance with AS/NZS 7000:2010; and

(c)minimum clearances for the movement of vehicles and machinery under and in the vicinity of overhead powerlines are in accordance with AS 3007.5; and

(d)the following activities are not carried out in any powerline corridor unless the minimum clearances required under paragraph (c) can be assured — 

(i)drilling, excavating, loading, hauling or dumping;

(ii)the construction, fabrication, maintenance or storage of buildings, structures, machinery and equipment;

(iii)operation of vehicles or machinery with elevating parts that do not afford the required clearance when fully raised.

(2)In subregulation (1) — 

powerline corridor means — 

(a)the area under any overhead powerline that has not been properly isolated; and

(b)the area of 10 m on each side of the area referred to in paragraph (a).

[Regulation 5.28 amended: Gazette 11 Jan 2013 p. 51‑2.]

5.29.Isolation of equipment

Each responsible person at a mine must ensure that — 

(a)electrical equipment at the mine is provided with full current isolating devices capable of being secured in the isolating position; and

(b)the means referred to in paragraph (a) are used whenever it is necessary to isolate any electrical equipment; and

(c)switches provided for earthing have facilities that allow the switch to be locked in either the on or off positions; and

(d)if it is not practicable to avoid work in close proximity to exposed live parts of electrical equipment, effective measures are taken to safeguard persons against that hazard.

Penalty: See regulation 17.1.

5.30.Labelling of equipment

Each responsible person at a mine must ensure that if any distribution cable and switchgear are installed at a quarry, on a dredge or in an underground mine, the distribution cable and switchgear are labelled in a way that clearly identifies the source and destination of the electricity supply.

Penalty: See regulation 17.1.

5.31.Cables installed in ground

(1)Each responsible person at a mine must ensure that any low voltage or high voltage cables installed in the ground at the mine — 

(a)are installed in accordance with AS/NZS 3000; and

(b)are installed with orange cable marker tape and surface cable route indicators; and

(c)are protected by either — 

(i)steel wire armouring, if buried directly in the ground; or

(ii)a substantial heavy duty wiring enclosure.

Penalty: See regulation 17.1.

(2)The manager of a mine must ensure that excavation work is not commenced within the vicinity of buried cables unless a permit to do so has been issued by an authorised person.

Penalty: See regulation 17.1.

(3)An authorised person must not issue a permit referred to in subregulation (2) unless the person has — 

(a)specifically identified the location of the excavation work; and

(b)consulted the plans referred to in regulation 5.13(1)(b); and

(c)detailed on the permit to the persons carrying out the work any precautionary measures that need to be taken.

(4)In subregulations (2) and (3) — 

authorised person means a person authorised by the manager of the mine for the purposes of this regulation.

[Regulation 5.31 amended: Gazette 11 Jan 2013 p. 52.]

5.32.Earth continuity protection and monitoring

(1)This regulation applies to the following equipment — 

(a)any mobile equipment operating from either trailing cables or reeling cables; and

(b)any other equipment where the supply cable may be exposed to the risk of damage due to tension; and

(c)any equipment connected by restrained plugs and receptacles complying with AS/NZS 1299.

(2)Each responsible person at a mine must ensure that, in respect of any equipment to which this regulation applies, a system of monitoring of the earth continuity is provided that automatically disconnects the electricity supply to a cable in the event of a break in the earth conductor.

Penalty: See regulation 17.1.

[Regulation 5.32 amended: Gazette 11 Jan 2013 p. 52.]

Part 6 — Safety in using certain types of plant in mines

Division 1 — Preliminary

6.1.Terms used

In this Part, unless the contrary intention appears — 

alter, in relation to plant, means to change the design of, add to or take away from the plant where the change may affect safety or health, but does not include routine maintenance, repairs or replacement;

boiler means a vessel or an arrangement of vessels and their interconnecting parts in which steam or other vapour is generated or in which water or other liquid is heated at a pressure above that of the atmosphere by the application of fire, the products of combustion, electrical power or by similar high temperature means and — 

(a)includes superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, the boiler setting and other equipment directly associated equipment with the boiler;

(b)does not include a fully flooded or pressurized system where water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid;

boom‑type elevating work platform means a telescoping device, hinged device, articulated device or any combination of these used to support a platform on which personnel, equipment and materials may be elevated;

bridge crane means a crane comprising a bridge beam mounted at each end to an end carriage and capable of travelling along elevated runways and having one or more hoisting mechanisms arranged to traverse the bridge;

building maintenance equipment means a suspended platform and associated equipment (including a building maintenance unit or a swing stage) which incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold;

building maintenance unit means a power operated suspended platform and associated equipment on a building specifically designed to provide permanent access to the faces of the building for maintenance or cleaning;

classified plant means any — 

(a)boiler; or

(b)crane; or

(c)hoist; or

(d)lift; or

(e)pressure vessel;

commissioning means performing the necessary adjustments, tests and inspections to ensure plant is in full working order to specified requirements (if any) before the plant is used and includes recommissioning;

crane means an appliance intended for raising or lowering a load and moving it horizontally and — 

(a)includes the supporting structure of the crane and its foundations;

(b)does not include industrial lift trucks, earthmoving machinery, tractors, industrial robots, conveyors, building maintenance equipment, suspended scaffolds or lifts;

danger tag means an accident prevention tag as referred to in section 5 of AS 1319 that is in the form of a danger sign within the meaning of that Standard;

designer means a person who designs plant for use in a mine or intended for use in a mine or is responsible for the design of that plant;

electrical installation means all the electrical wiring, accessories, fittings, consuming devices, control and protective gear and other equipment associate with the installation situated in or on mines;

electrical plant means plant which consumes, converts or generates electricity;

elevating work platform means a telescoping device, scissor device or articulating device or any combination of those devices used to position personnel, equipment and materials to and from workplaces located above the support surface;

erector means a person who erects, dismantles or alters the structure of plant in a mine;

fault means a break or defect which may cause plant to present an increased risk to safety and health and, in the case of a fault in design, means an aspect of the plant design which may cause the plant to be a risk to safety and health if manufactured in accordance with that plant’s design specifications;

fired heater means a pressure vessel in which a liquid is heated below its atmospheric boiling temperature or a process in which fluid is heated in tubes above or below its atmospheric boiling temperature by the application of fire, the products of combustion or electric power or by similar high temperature means;

gantry crane means a crane comprising a bridge beam supported at each end by legs mounted on end carriages which is capable of travelling on supporting surfaces or deck levels (whether fixed or not) and which has a crab with one or more hoisting units arranged to travel across the bridge;

gas cylinder means a rigid pressure vessel designed for the storage and transport of gas under pressure and to which AS 2030 applies that does not have more than 3 000 L water capacity and is without openings or integral attachments on the shell other than at the ends;

guard means a device that prevents or reduces access to a danger point;

hoist means an appliance intended for raising or lowering a load or persons and — 

(a)includes an elevating work platform, a mast‑climbing work platform, a people and materials hoist, a scaffold hoist and a serial hoist;

(b)does not include a lift or building maintenance equipment;

importer means a person who imports plant for use in a mine or intended for use in a mine;

industrial lift truck means powered mobile plant designed to move goods, materials or equipment and which is equipped with an elevating load carriage and which usually has a load‑holding attachment, but does not include a mobile crane or earthmoving machinery;

industrial robot means a multifunctional manipulator and its controllers, capable of handling materials, parts, tools or specialized devices, through variable programmed motions for the performance of a variety of tasks;

installer means a person who installs plant in a mine;

interlocked describes a connection between a guard or a machine element with the control system or the power system of the plant that has been made to allow access to the moving parts of plant at times when those parts are not moving, and to prevent moving parts from starting up or operating when access is available to those moving parts;

laser means any device than can produce or amplify electromagnetic radiation in the wave length range from 100 nanometres to one millimetre by the process of controlled stimulated emission but does not include electric light globes, fluorescent light tubes, electric radiators used for heating, radio or video communication equipment, domestic cooking appliances using high powered lamps or navigation and search lights;

laser product means any product or assembly of components which constitutes, incorporates or is intended to incorporate a laser;

lift means any permanent plant (or plant that is intended to be permanent) which is in, or attached to, a building or structure and by means of which persons, goods or materials may be raised or lowered within or on a car cage, or platform and the movement of which is restricted by a guide or guides and includes an apparatus in the nature of a chair lift, escalator, moving walk or stairway lift and any supporting structure, machinery, equipment, gear, lift well­ shaft, enclosures and entrances;

manufacturer means a person who manufactures plant for use in a mine or intended for use in a mine;

mast climbing work platform means a hoist having a working platform and which is used for temporary purposes to raise personnel and materials to the working position by means of a drive system mounted on an extendable mast which may be tied to a building;

mobile crane means a crane capable of running over a supporting surface without the need for fixed runways (including railway tracks) and relying only on gravity for stability, rather than using — 

(a)a vertical restraining connection between itself and the supporting surface; or

(b)a horizontal restraining connection (other than frictional forces at the supporting surface level),

as an aid to stability;

operator protective devices includes roll‑over protective structures, falling object protective structures, operator restraining devices and seat belts;

out‑of‑service tag means an accident prevention tag as referred to in Part 5 of AS 1319 in the form of a warning sign, within the meaning of that Standard, bearing the words “out‑of‑service”;

prefabricated scaffolding means an integrated system of prefabricated components manufactured in such a way that the geometry of assembled scaffolds is predetermined;

presence sensing safeguarding system includes — 

(a)a sensing system employing one or more forms of radiation which can be either self‑generated or generated by pressure; and

(b)the interface between the final switching devices of the sensing system and the machine primary control elements; and

(c)the capacity of a machine to stop when the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state;

pressure equipment means boilers, pressure vessels and pressure piping to which AS/NZS 1200 applies and having a hazard level of A, B, C or D according to the criteria set out in AS 4343: Part 2;

pressure piping means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey fluid or to transmit fluid pressure and — 

(a)includes distribution headers, bolting, gaskets, pipe supports and pressure retaining accessories;

(b)does not include any boiler or pressure vessel or a pipeline to which any other written law applies;

pressure vessel means a vessel subject to internal or external pressure and — 

(a)includes interconnected parts and components, valves, gauges and other fittings up to the first point of connection to connecting piping, fired heaters and gas cylinder;

(b)does not include any boiler or pressure piping;

repair means to restore plant to an operational condition, but does not include maintenance, replacement or alteration;

scaffold means a temporary structure, specifically erected to support access or working platforms;

scaffolding equipment means any component, assembly or machine used or intended to be used in the construction of a scaffold;

tower crane means a boom or jib crane mounted on a tower structure;

vehicle hoist means a vehicle‑hoisting device, the purpose of which is to provide accessibility for convenient under‑chassis examination or service;

work box means a personnel carrying device designed to be suspended from a crane for the purpose of providing a working area for persons elevated by and working from the box.

[Regulation 6.1 amended: Gazette 11 Jan 2013 p. 52.]

Division 2 — General duties relating to items of plant

6.2.Plant to be maintained and operated in safe manner

(1)The principal employer, and every other employer, at a mine must ensure that, in respect to any plant in the mine — 

(a)a system is implemented to identify any hazards associated with the plant, and assess the risks of an employee being exposed to those hazards; and

(b)all practical measures are taken to reduce those risks,

in order to ensure that the duties of employers under Part 2 of the Act to provide and maintain a safe working environment in relation to plant is carried out successfully and effectively.

(2)As a minimum, consideration should be given to the following methods of risk reduction — 

(a)ensuring that the plant is manufactured, inspected and, where required, tested according to the relevant Australian Standards and having regard to the designer’s specifications; and

(b)ensuring that if after supply to a mine, any plant is found to have a fault that may affect safety or health, as far as is practicable, the person to whom the plant was supplied is advised of the fault and what is required to rectify it; and

(c)ensuring that there is sufficient access and egress to the parts of the plant that require cleaning or maintenance, and to the operator’s workstation for normal and emergency conditions; and

(d)providing emergency lighting, safety doors and alarm systems, if access to the plant is required as part of its normal operation and persons may become entrapped and at risk of being exposed to hazards due to heat, cold or lack of oxygen; and

(e)attempting to reduce, as far as is practicable, any risk of exposure to a hazard created by dangerous parts during operation, lubrication, adjustment or maintenance; and

(f)ensuring that any guarding provided for plant and its operation comprises — 

(i)a permanently fixed physical barrier — where no person requires complete or partial access to the dangerous area during normal operation, maintenance or cleaning; or

(ii)an interlocked physical barrier — where a person may require complete or partial access to the dangerous area during normal operation, maintenance or cleaning; or

(iii)a physical barrier securely fixed in position by means of fasteners or other suitable devices, sufficient to ensure that the guard cannot be altered or removed without the aid of a tool or key (but only where a guard in accordance with subparagraphs (i) or (ii) is not practicable),

but, if none of the guards described in subparagraphs (i), (ii), or (iii) are practicable, by providing a presence sensing safeguard system; and

(g)ensuring that operational controls are — 

(i)suitably identified on plant so as to indicate their nature and function; and

(ii)located so as to be readily and conveniently operated by each person using the plant; and

(iii)located or guarded to prevent unintentional activation; and

(iv)able to be locked into the “off” position to enable the disconnection of all motive power and forces;

and

(h)ensuring that — 

(i)if practicable, the plant does not need to be operating while maintenance and cleaning is taking place; or

(ii)operational controls which permit controlled operation of the plant are provided, if it is not practical to eliminate the need for plant to be operating while maintenance and cleaning is taking place;

and

(i)ensuring that plant that is designed to be operated or attended by more than one person, and which has more than one control fitted, has multiple controls of the “stop and lock‑off” type, so that the plant cannot be restarted after a stop control has been used unless each stop control has been reset; and

(j)ensuring that emergency stop devices — 

(i)are prominent, clearly and durably marked, and immediately accessible to each operator of the plant; and

(ii)have handles, bars or push buttons that are coloured red; and

(iii)will not be affected by electrical or electronic circuit malfunction,

as may be appropriate to the particular case.

6.3.Designer to identify hazards associated with plant and to assess risks

A designer must — 

(a)identify any hazard associated with plant, during the design process, if the plant is intended for use at a mine; and

(b)assess the risk of exposure of a person to a hazard, if any, identified under paragraph (a).

Penalty: See regulation 17.1.

6.4.Designer to reduce identified risk of exposure

(1)If a designer has identified a hazard under regulation 6.3, and has assessed any risk of exposure of a person to that hazard, the designer must consider whether the risk of exposure may be reduced by any of the means referred to in subregulation (2).

Penalty: See regulation 17.1.

(2)The means referred to in subregulation (1) include reducing the risk of exposure, in an appropriate case, by — 

(a)ensuring the plant is designed according to the relevant Australian Standard; and

(b)ensuring that any powered mobile plant is designed to reduce, as far as is practicable, the risk of overturning, or of a falling object coming into contact with the operator; and

(c)ensuring that where, despite reduction measures, there is a risk of exposure to a situation where — 

(i)a powered mobile plant may overturn; or

(ii)a falling object may come into contact with the operator of a powered mobile plant; or

(iii)the operator of a powered mobile plant may be ejected from the seat,

the risk of exposure to a hazard in that type of situation is limited by the provision of an appropriate combination of operator protective devices.

Penalty: See regulation 17.1.

6.5.Designer to provide information

A designer must ensure that the manufacturer of plant, designed by that designer, is provided with sufficient information to allow the plant to be manufactured in accordance with the design specifications and, as far as practicable, provide information relating to — 

(a)the purpose for which the plant is designed; and

(b)testing or inspections to be carried out on the plant; and

(c)installation, commissioning, operation, maintenance, cleaning, transport, storage and (where plant is capable of being dismantled) dismantling of the plant; and

(d)systems of work necessary for the safe use of the plant; and

(e)knowledge, training or skill necessary for persons undertaking inspection and testing of the plant; and

(f)emergency procedures relating to the plant.

Penalty: See regulation 17.1.

6.6.Manufacturer to identify hazards and to assess and reduce risks if designer outside jurisdiction

If the designer of plant is not within the jurisdiction of the State, the manufacturer of the plant must carry out the designer’s duties under regulations 6.3 and 6.4.

Penalty: See regulation 17.1.

6.7.Hazard identification during manufacturing process

(1)If a hazard arising from the design of plant being manufactured is identified during the manufacturing process, the manufacturer must ensure that an assessment is made of that hazard, in accordance with subregulation (2).

Penalty: See regulation 17.1.

(2)An assessment under subregulation (1) must adequately address any hazard identified, and include one, or a combination of the following — 

(a)a visual inspection of the plant and its associated environment;

(b)auditing;

(c)testing;

(d)a technical or scientific evaluation;

(e)an analysis of injury or near‑miss data;

(f)discussions with designers, suppliers, importers, employers, employees or any other relevant party;

(g)a quantitative hazard analysis.

6.8.Manufacturer to reduce risk of exposure to identified hazards

If a manufacturer has assessed a hazard under regulation 6.7 and concluded that there may be the risk of exposure of a person to that hazard, the manufacturer must — 

(a)consider whether the risk may be reduced by any of the means referred to in regulation 6.2; or

(b)arrange with the designer to alter the design to reduce the risk.

Penalty: See regulation 17.1.

6.9.Importer to identify hazards and to assess and reduce risks if both designer and manufacturer outside jurisdiction

If the designer and the manufacturer of plant are both outside the jurisdiction of the State, the importer of the plant must carry out the designer’s duties, and the manufacturer’s duties under regulations 6.3, 6.4, 6.7 and 6.8.

Penalty: See regulation 17.1.

6.10.Importer to reduce risk of exposure to hazards

An importer must consider whether any risk of exposure to a hazard arising from plant being imported, and intended for use in a workplace may be reduced by any of the means referred to in regulation 6.2.

Penalty: See regulation 17.1.

6.11.Importer to provide information as to intended use and other safety information

(1)An importer of plant intended for use as scrap or spare parts for other plant must advise the purchaser or owner, either in writing or by marking the plant before its supply, of the intended purpose for that plant and that the plant in its current form is not to be placed in service but is to be used only as scrap or as spare parts.

Penalty: See regulation 17.1.

(2)An importer of used plant must provide the purchaser or owner with all available, relevant, safety and health information provided by the designer or manufacturer, and any additional available information required to enable the plant to be used safely.

Penalty: See regulation 17.1.

6.12.Supplier’s duties

(1)A supplier must consider whether any risk of exposure to a hazard arising from plant under his or her control or management, and intended for use in a workplace, may be reduced by any of the means in regulation 6.2.

Penalty: See regulation 17.1.

(2)A supplier must ensure, where plant is not under his or her control or management, that — 

(a)any faults that may exist in that plant are identified; and

(b)the owner or purchaser is advised, in writing, before the plant is supplied, of the faults and, where appropriate, that the plant is not to be used until the faults are rectified.

Penalty: See regulation 17.1.

(3)A supplier of plant intended for use as scrap or spare parts for other plant must advise the purchaser or owner, either in writing or by marking the plant before its supply, of the intended purpose for that plant and that the plant in its current form is not to be placed in service but is to be used only as scrap or as spare parts.

Penalty: See regulation 17.1.

6.13.Supplier to provide safety information

(1)A supplier of plant must provide the purchaser or owner with any available information, data or certificate specified by the relevant Australian Standards.

Penalty: See regulation 17.1.

(2)A supplier of used plant must provide the purchaser or owner with — 

(a)all available, relevant safety and health information provided by the designer or manufacturer, and any additional available information required to enable the plant to be used safely; and

(b)where available, any record kept by a previous owner of the plant in accordance with these regulations.

Penalty: See regulation 17.1.

6.14.Duties of person becoming supplier through hiring or leasing arrangement

A person who becomes a supplier as a result of hiring or leasing plant to a mine must — 

(a)ensure that the plant is inspected between hirings or leasings so as to reduce any risks of exposure to hazards arising from the plant; and

(b)ensure that an assessment is carried out to determine the need for testing plant, to check whether new or increased hazards to safety and health have developed, and determine the frequency of such testing; and

(c)ensure that any testing determined to be necessary under paragraph (b) is carried out and recorded, and that the records are maintained, for the operating life of the plant.

Penalty: See regulation 17.1.

[Regulation 6.14 amended: Gazette 28 Feb 2003 p. 668.]

6.15.Installer or erector to identify hazards associated with plant and to assess risks

(1)An installer or erector must — 

(a)identify any hazard associated with the installation or erection of plant both before and during the installation or erection of that plant at a mine; and

(b)assess the risk of exposure of a person to a hazard, if any, identified under paragraph (a).

Penalty: See regulation 17.1.

(2)An assessment under subregulation (1) must adequately address any hazard identified, and include one, or a combination of the following — 

(a)a visual inspection of the plant and its associated environment;

(b)auditing;

(c)testing;

(d)a technical or scientific evaluation;

(e)an analysis of injury or near‑miss data;

(f)discussions with designers, manufacturers, suppliers, importers, employers, employees or any other relevant party;

(g)a quantitative hazard analysis.

(3)An assessment undertaken under subregulation (1) may be carried out either on individual items of plant or, where multiple items of plant of the same design are installed and are intended for use under conditions that are the same for all practical purposes, the assessment may be carried out on a representative sample, but if the risk associated with the plant may vary from operator to operator, a separate assessment of the risk to each operator of the particular plant is to be carried out on each item of plant.

6.16.Installer or erector to reduce risks identified

(1)Where an assessment under regulation 6.15 identifies a risk of exposure of a person to a hazard arising from the installation or erection of plant, the installer or erector must consider whether any risk of exposure to a hazard arising from plant, intended for use in a mine, may be reduced by any of the means in regulation 6.2 and subregulation (2).

Penalty: See regulation 17.1.

(2)Without limiting subregulation (1), an installer or erector of plant must ensure that all electrical installations associated with plant to which AS/NZS 3000 applies comply with AS/NZS 3000.

Penalty: See regulation 17.1.

[Regulation 6.16 amended: Gazette 11 Jan 2013 p. 52.]

6.17.Employer to identify hazards associated with plant and to assess risks

(1)An employer must identify all reasonably foreseeable hazards associated with plant — 

(a)both before and during the introduction of plant at a mine; and

(b)both before and during — 

(i)any alteration to the plant;

(ii)any change in the way the plant is used;

(iii)any change in a system of work associated with the plant,

(including, where appropriate, a change in the location of the plant), which is likely to involve a risk of a person being exposed to a hazard; and

(c)that may become apparent as a result of new or further safety or health information relating to the plant or its associated systems of work becoming available to the employer; and

(d)assess the risk of exposure of a person to each hazard, if any, identified.

Penalty: See regulation 17.1.

(2)An assessment under subregulation (1)(d) must adequately address any hazard identified, and include one, or a combination of the following — 

(a)a visual inspection of the plant and its associated environment;

(b)auditing;

(c)testing;

(d)a technical or scientific evaluation;

(e)an analysis of injury or near‑miss data;

(f)discussions with designers, manufacturers, suppliers, importers, employers, employees or any other relevant party;

(g)a quantitative hazard analysis.

(3)An assessment undertaken under subregulation (1)(d) may be carried out either on individual items of plant or, where multiple items of plant of the same design are installed and are intended for use under conditions that are the same for all practical purposes, the assessment may be carried out on a representative sample, but if the risk associated with the plant may vary from operator to operator, a separate assessment of the risk to each operator of the particular plant is to be carried out on each item of plant.

6.18.Employer to reduce risks identified

(1)Where an assessment under regulation 6.17 identifies a risk of exposure to a hazard identified as arising from plant, the employer must consider whether any risk of exposure to that hazard may be reduced by any of the means in regulation 6.2 and subregulation (2).

Penalty: See regulation 17.1.

(2)Without limiting subregulation (1), an employer must ensure that — 

(a)control measures are maintained and systems of work implemented and effectively supervised so as to reduce risks of exposure to hazards associated with plant; and

(b)where personal protective equipment is required, it is provided and properly maintained; and

(c)where a hazardous situation is reported in accordance with section 11(1) of the Act, persons are not placed so as to risk being exposed to that situation until the hazardous situation is rectified.

Penalty: See regulation 17.1.

6.19.Person to provide design information to design contractor

An employer who engages a contractor to design plant for use in a mine must ensure that the person contracted to design the plant is provided with all available, relevant safety and health information about matters relating to the plant that may affect safety and health in the mine.

Penalty: See regulation 17.1.

6.20.Employer’s duties in relation to installation, maintenance etc. of plant

An employer must ensure — 

(a)that a competent person undertakes the installation, erection or commissioning of plant, and is provided with the information necessary to enable that plant to be installed, erected or commissioned so as to reduce, as far as is practicable, the risk of exposure of persons to any hazard arising as a result of the installation, erection or commissioning of the plant; and

(b)that plant is installed or erected in a location that is suitable for the operation being undertaken, and for the type of plant; and

(c)that there is sufficient space around the plant to allow the plant to be used and repaired so as to reduce, as far as is practicable, the risk of exposure of persons to any hazard arising as a result of the use or repair of the plant; and

(d)during testing and startup, if the final means of safeguarding is not in place, that interim safeguards are used; and

(e)that the plant is not transferred into active service unless the adjustments, inspections and testing undertaken during the commissioning process indicate that the plant is in full working order and is appropriate for its intended purpose.

Penalty: See regulation 17.1.

6.21.Employer to prevent unsafe use of plant

An employer must ensure that — 

(a)plant at the mine is used only for the purpose for which it was designed, unless the employer has determined, and a competent person has assessed, that a proposed change in use does not present an increased risk of exposure to any hazard; and

(b)measures are provided to prevent (as far as practicable) unauthorised interference, alteration or use of plant which is capable of making the plant hazardous or a greater hazard; and

(c)subject to paragraph (d), where access to plant is required for the purpose of maintenance, cleaning or repair, the plant is stopped and one or more of the following are used to reduce the risks of exposure to any hazards — 

(i)lockout or isolation devices;

(ii)danger tags;

(iii)permit‑to‑work systems;

(iv)other control measures approved by the State mining engineer;

and

(d)where it is not practicable to carry out cleaning or maintenance with the plant stopped, operational controls that permit controlled movement of the plant are fitted.

Penalty: See regulation 17.1.

6.22.Employer’s duties when plant is damaged or repaired

An employer must ensure — 

(a)when plant has been damaged to the extent that its function or condition is impaired in a manner that increases any hazard associated with that plant or increases the risk of exposure of a person to a hazard, that a competent person assesses the damage and advises the employer — 

(i)of the nature of the damage; and

(ii)whether the plant can be repaired and, if so, what repairs are to be carried out to reduce risks of exposure to any hazard associated with the plant;

and

(b)that any repair, inspection and, where necessary, testing is carried out by a competent person; and

(c)that repairs to plant are carried out so that the plant does not exceed its original design limits.

Penalty: See regulation 17.1.

[Regulation 6.22 amended: Gazette 28 Feb 2003 p. 668.]

6.23.Employer’s duties when design of plant is altered

Where the design of existing plant is altered, an employer must ensure that — 

(a)the design of the alteration is assessed for hazards and the risks of exposure to those hazards as if it were an original design;

(b)that the plant is altered, inspected and tested by a competent person having regard to the design specifications for the altered design, before the plant is returned to service.

Penalty: See regulation 17.1.

6.24.Employer’s duties when dismantling, storing or disposing of plant

(1)Where plant is dismantled, an employer must ensure that — 

(a)dismantling is carried out by a competent person; and

(b)where available, any relevant information provided by the designer and manufacturer is made available to the competent person.

Penalty: See regulation 17.1.

(2)Where plant, including plant that is dismantled, is to be stored rather than disposed of, an employer must ensure that both the preparation for storage and the storage of the plant is carried out by a competent person.

Penalty: See regulation 17.1.

(3)Where plant to be disposed of contains materials constituting a hazard and presenting a risk of exposure of a person to that hazard, an employer must ensure that disposal is carried out by a competent person.

Penalty: See regulation 17.1.

6.25.Employer’s duties to keep records

(1)An employer must ensure, in relation to — 

(a)plant specified in subregulation (2); or

(b)plant identified by an assessment carried out under regulation 6.17,

that records are made of any relevant tests, maintenance inspection, commissioning or alteration of the plant, during the period that the plant is operable and under the employer’s control, and kept for such period as is identified by an assessment carried out under regulation 6.17.

Penalty: See regulation 17.1.

(2)The following plant is specified for the purposes of subregulation (1) — 

(a)registered classified plant listed in regulation 6.34(5); and

(b)any of the following items of plant — 

(i)industrial lift trucks;

(ii)presence‑sensing safeguarding systems;

(iii)vehicle hoists;

and

(c)plant requiring records as a result of an assessment carried out under regulation 6.17.

(3)The employer is to make the records made and kept under this regulation available to any employee or safety and health representative.

(4)An employer must ensure that records relating to safety and health are transferred on sale of the plant, unless the plant is sold as scrap or as spare parts for other plant.

Penalty: See regulation 17.1.

6.26.Plant under pressure

(1)An employer must ensure that — 

(a)gas cylinders comply with AS 2030; and

(b)pressure equipment (other than gas cylinders) that is covered by AS/NZS 1200 and is in use is inspected, operated and maintained in accordance with AS/NZS 3788, AS 3873 or AS 2593, where applicable.

Penalty: See regulation 17.1.

(2)An employer who owns a gas cylinder must ensure that it is inspected and maintained in accordance with AS 2030.

Penalty: See regulation 17.1.

[Regulation 6.26 amended: Gazette 11 Jan 2013 p. 52.]

6.27.Plant with moving parts

(1)Where an assessment under this Part in relation to plant with moving parts identifies a hazard arising as a result of those moving parts and identifies a risk to a person of exposure to that hazard, an employer must ensure that — 

(a)cleaning, maintenance and repair of plant with moving parts is not undertaken while that plant is operating, unless there is no practicable alternative approach; and

(b)where guarding of moving parts does not completely eliminate the risk of entanglement, persons do not operate or pass in close proximity to the plant, unless a system of work is introduced under section 9 of the Act to reduce that risk.

Penalty: See regulation 17.1.

(2)An employer must ensure that a procedure is developed, and maintenance persons are trained in the procedure, that ensures that — 

(a)the de‑energizing or locking‑out of plant with moving parts is carried out by a person carrying out the proposed cleaning, maintenance or repair work on that plant, or by a person or persons authorised by the employer or manager for that purpose; and

(b)once the plant is de‑energized or locked‑out the same person signs and fixes a danger tag to the plant; and

(c)after the cleaning, maintenance or repair work on that plant has been completed, the same person removes the danger tag; and

(d)the re‑energizing or unlocking of plant with moving parts is carried out by the same person after the cleaning, maintenance or repair work on that plant has been completed.

Penalty: See regulation 17.1.

[Regulation 6.27 amended: Gazette 19 Jan 1996 p. 235.]

6.28.Plant with hot or cold parts

(1)If plant has either hot or cold parts and persons are exposed to that hot or cold plant, the employer must ensure that the exposure is monitored, and is appropriately managed to reduce the risks of exposure to any associated hazard.

Penalty: See regulation 17.1.

(2)Where hot plant involves the transportation of molten metal, the employer must ensure that arrangements are made to prevent access to any part of the transport route during the transportation.

Penalty: See regulation 17.1.

(3)If plant has either hot or cold pipes or other parts, the employer must ensure that those parts are adequately guarded or insulated to reduce, so far as is practicable, the risks of exposure to any hazard relating to those parts.

Penalty: See regulation 17.1.

6.29.Electrical plant and plant exposed to electrical hazards

(1)If plant is electrical plant or the plant itself is exposed to electrical hazards, the employer must ensure that — 

(a)plant is not used under conditions likely to give rise to risk of exposure of a person to an electrical hazard; and

(b)appropriate permit‑to‑work systems are provided to avoid inadvertent energizing of plant that has been isolated, but not physically disconnected, from the electricity supply; and

(c)only competent persons carry out electrical work on plant; and

(d)if excavations are to be carried out, all relevant available information relating to the position of any underground cables is obtained and work is carried out in accordance with regulation 5.31; and

(e)control options for plant operating near overhead electrical power lines comply with the requirements of regulation 5.28.

Penalty: See regulation 17.1.

(2)If damage to plant presents an electrical hazard, the employer must ensure that — 

(a)the plant is disconnected from the electricity supply and is not used until the damaged part is repaired or replaced; and

(b)an authorised person fixes an “out‑of‑service” tag to the plant and all the common isolation points for that plant, and only removes the tags when there is no longer a risk of exposure to that hazard.

Penalty: See regulation 17.1.

6.30.Industrial robots etc.

(1)If plant at a mine is an industrial robot or other type of remotely or automatically energized equipment, and the plant could start without warning and give rise to a risk that a person could be exposed to a hazard, an employer must ensure that an employee is not permitted to work in the immediate vicinity of that item of plant, unless appropriate controls and systems of work are in place.

Penalty: See regulation 17.1.

(2)Where an industrial robot or other type of remotely or automatically energized equipment could start without warning and that could lead to a risk of exposure to a hazard, an employer must ensure that the immediate area around that plant becomes a restricted space and access to that area is controlled at all times by positive isolation, or by the provision of interlocked guards or presence‑sensing devices and permit‑to‑work systems.

Penalty: See regulation 17.1.

6.31.Lasers

An employer must ensure that — 

(a)a laser or laser product is not operated unless it has been classified and labelled in accordance with AS/NZS 2211.1; and

(b)Class 3 B or Class 4 lasers or laser products (as defined in AS 2211) are not used for construction work; and

(c)the use of lasers and laser products in construction work is in accordance with AS 2397.

Penalty: See regulation 17.1.

[Regulation 6.31 amended: Gazette 11 Jan 2013 p. 53.]

Division 3 — Classified plant

6.32.Application

The requirements of this Division are in addition to the requirements of Division 2.

6.33.Design, construction and testing of plant

A person who designs, manufactures, imports or supplies any classified plant for use at a mine must ensure that the plant is designed, constructed and tested in accordance with — 

(a)in the case of a boiler, AS 1228 or AS 1271; and

(b)in the case of a crane or hoist, AS 1418; and

(c)in the case of a pressure vessel, AS 1210; and

(d)in the case of a lift, AS 1735.

Penalty: See regulation 17.1.

[Regulation 6.33 amended: Gazette 11 Jan 2013 p. 53.]

6.34.Registration of plant

(1)Each responsible person at a mine must ensure that before any classified plant of a type set out in subregulation (5) is used at a mine, the plant has been registered with the State mining engineer.

Penalty: See regulation 17.1.

(2)The principal employer at, or the manager of, a mine or a person authorised by either of those persons may apply to the State mining engineer to have classified plant registered.

(3)An application for registration cannot be accepted by the State mining engineer unless it includes the following — 

(a)detailed drawings of the plant design; and

(b)design calculations; and

(c)verification by a person other than the person who prepared the design that the design complies with the Australian Standard applicable under regulation 6.33.

(4)Where a person applies in accordance with this regulation to have any classified plant registered, the State mining engineer may either register, or refuse to register, the plant.

(5)Subregulations (1), (2), (3), and (4) apply to the following plant — 

(a)pressure equipment, other than pressure piping and equipment categorized as hazard level A, B, C or D according to the criteria identified in AS 4343: Part 2;

(b)gas cylinders covered by AS 2030;

(c)powered tower cranes;

(d)lifts;

(e)building maintenance units;

(f)powered hoists, with a platform movement in excess of 2.4 m and designed to lift people;

(g)work boxes suspended from cranes;

(h)prefabricated scaffolding;

(i)boom‑type elevating work platforms;

(j)gantry cranes with a safe working load greater than 5 t, or bridge cranes with a safe working load greater than 10 t, and any gantry crane or bridge crane which is designed to handle molten metal or dangerous goods;

(k)powered vehicle hoists;

(l)powered mast climbing work platforms;

(m)mobile cranes with a safe working load greater than 10 t.

[Regulation 6.34 amended: Gazette 11 Jan 2013 p. 53.]

6.35.Repair or modification of plant

A person who modifies or repairs any registered classified plant at a mine must ensure that, before the plant is used, it conforms with the Australian Standard applicable under regulation 6.33, unless the prior written approval of the State mining engineer is obtained.

Penalty: See regulation 17.1.

6.36.Reporting of incidents affecting registered plant

(1)If an incident causes or is suspected of causing breakage, distortion, damage or failure of registered classified plant the person who was operating or in charge of the plant at the time of the incident must immediately give particulars in writing of the incident — 

(a)if the person is an employee, to the person’s employer; or

(b)in any other case, to the State mining engineer.

Penalty: See regulation 17.1.

(2)An employer who has been given particulars of the incident under subregulation (1)(a) must immediately give particulars in writing of the incident to the State mining engineer.

Penalty: See regulation 17.1.

(3)The principal employer at, or the manager of, a mine upon becoming aware that breakage, distortion, damage or failure of any registered classified plant at the mine has been, or is suspected of having been, caused must ensure that it is not used until it has been found to conform, or made to conform, with the design for the plant that was accepted by the State mining engineer.

Penalty: See regulation 17.1.

6.37.Requirements for operators and drivers

(1A)Subject to subregulation (2), a person must not —

(a)do high risk work of a particular class at a mine unless the person holds a high risk work licence for that class of work; or

(b)operate or drive a winding engine at a mine unless the person holds a certificate and has the written authorisation of the manager of the mine; or

(c)operate or drive a hoist at a mine (whether or not that work is covered by paragraph (a)) unless the person has the written authorisation of the manager of the mine; or

(d)operate or drive any plant not covered by paragraph (a), (b) or (c) at a mine unless the person has been trained and found to be competent by a practical trial in the operation of that plant by the manager of the mine or some other suitable person appointed for that purpose by the manager.

Penalty: See regulation 17.1.

(1)Subject to subregulation (2), a person must not operate or drive — 

(a)a winding engine, a stationary steam engine or an engine including a steam turbine, a hoist (including an elevated work platform but not including a hoist or elevating platform that is underground), a crane or a boiler unless — 

(i)the person holds a certificate under these regulations or a high risk work licence under the Occupational Safety and Health Act 1984, authorising or entitling the person to operate, take charge of, or drive that machinery; or

(ii)in the case of a winding engine, the person holds a written exemption granted by the State mining engineer under subregulation (3);

or

(b)a hoist for hoisting purposes unless the person has been authorised in writing to do so by the manager; or

(c)any plant, other than that specified in paragraph (a) or (b) unless the person has been trained and found to be competent by a practical trial in the operation of that plant by the manager or some other suitable person appointed for that purpose by the manager.

Penalty: See regulation 17.1.

(2)If plant that would otherwise be required to be operated or driven by a person qualified under these regulations is undergoing repair or adjustment that plant may be operated or driven for that purpose by the person carrying out the repair or adjustment if the person has been trained, and is competent, to do so.

(3)The State mining engineer may exempt a person from the requirements of subregulation (1A)(a), (b) or (c) or (1)(a) if the State mining engineer is satisfied that in the circumstances it is impracticable to employ a person who holds a relevant certificate or licence.

(4)A person must not use or operate any plant unless the person has been authorised to do so by the manager or the manager’s representative.

Penalty: See regulation 17.1.

(5)For each person authorised, or found to be competent, by or on behalf of the manager of a mine under subregulation (1A) or (1), the manager must record in the record book —

(a)the name of the person; and

(b)the date on which the person was authorised or found to be competent; and

(c)if the person undertook a test or practical trial — the date on which the test or trial was undertaken and the name and signature of the person who carried out the test or trial.

Penalty: See regulation 17.1.

(6)In subregulations (1A) and (1) —

high risk work and high risk work licence have the meaning given in the Occupational Safety and Health Regulations 1996 regulation 6.1.

(7)During the 12 month period commencing on the day on which subregulation (1A) (as inserted by the Mines Safety and Inspection Amendment Regulations 2009) came into operation —

(a)subregulation (1A) does not apply in respect of underground mining operations; and

(b)subregulation (1) applies in respect of underground mining operations only,

and, at the end of that period, subregulation (1) ceases to have effect.

(8)For the purposes of subregulation (1A)(a), if, in relation to a particular class of high risk work, a person does not hold an appropriate high risk work licence but —

(a)the person holds a certificate of competency under the Occupational Safety and Health Act 1984; and

(b)the certificate authorises or authorised the person to do that class of work,

the person is to be taken to hold a high risk work licence for that class of work.

(9)In this regulation, a reference to a certificate of competency under the Occupational Safety and Health Act 1984 is a reference to such a certificate issued under that Act for which the transition period under that Act has not expired, and which is not suspended.

[Regulation 6.37 amended: Gazette 21 Jul 2009 p. 2923-5.]

6.38.Plant load or capacity not to exceed manufacturer’s specifications

(1)For the purposes of this regulation, the safe working load or safe working capacity of any classified plant is — 

(a)the maximum load or capacity specified by the manufacturer of the plant; or

(b)in relation to any plant for which a different load or capacity has been approved by the State mining engineer, such load or capacity as has been approved.

(2)Each responsible person at a mine must ensure that any classified plant at the mine is not operated in such a way as to exceed the safe working load or safe working capacity of the plant.

Penalty: See regulation 17.1.

6.39.Prohibition on damage or removal of guards etc.

A person must not wilfully or negligently damage, or without proper authority, remove or render unserviceable, any protective fence, guard, structure, or other device, used or erected in connection with any plant at a mine.

Penalty: See regulation 17.1.

6.40.Plant to be used only if inspected

(1)Each responsible person at a mine must ensure that classified plant at the mine registered under regulation 6.34 is not used by any person if the period of time set out in column 3 of Schedule 3 opposite the relevant type of plant set out in column 2 of that Schedule has elapsed since it was last inspected and found suitable for use by an inspector or by another person approved in writing by the State mining engineer as a fit person to inspect the plant.

Penalty: See regulation 17.1.

(2)After a person referred to in subregulation (1) has inspected any registered classified plant, the person must record details of the inspection, including the date of the inspection and whether or not the plant was found suitable for use, in a classified plant record book kept for that purpose at the mine.

Penalty: See regulation 17.1.

(3)Within 14 days of any registered classified plant being installed at a mine or removed permanently from a mine, the manager of the mine must inform the State mining engineer in writing of —

(a)the type of machinery installed or removed; and

(b)the date of the installation or removal.

Penalty: See regulation 17.1.

Part 7 — Occupational health

Division 1 — Noise control

7.1.Terms used

In this Division, unless the contrary intention appears — 

action level means an action level referred to in regulation 7.3;

approved, in relation to noise regulation in this Division, means approved by the State mining engineer;

dB(A) means decibels of A‑weighted sound pressure level;

dB(lin) means decibels of unweighted sound pressure level;

noise exposure means the amount of sound energy a person is exposed to during a representative working day, ascertained as AS/NZS 1269 provides for LAeq,8h to be ascertained;

noise level means the A‑weighted sound pressure level in decibels as read from approved sound measurement equipment;

noise report means a noise report prepared in accordance with regulation 7.8;

peak noise level means the unweighted peak hold sound pressure level (or L peak) in dB(lin) as read from approved sound measurement equipment.

[Regulation 7.1 amended: Gazette 13 Dec 1996 p. 6932; 11 Jan 2013 p. 53.]

7.2.All measurements to be as if ear unprotected

If a person is wearing a personal hearing protector, that person is to be regarded for the purposes of this Division as receiving the noise that would be received if that personal hearing protector were not worn.

7.3.Action level for noise

In this Division, the action level is — 

(a)for peak noise level, 140 dB(lin); or

(b)for noise exposure, 85 dB(A).

7.4.Noise to be reduced as far as practicable

Each responsible person at a mine must ensure that the noise received by each person at a workplace in the mine is reduced so far as is practicable.

Penalty: See regulation 17.1.

7.5.Reduction of noise

Each responsible person at a mine must reduce, so far as is practicable, the noise received by each person at a workplace at the mine who is receiving, or is likely to receive, noise above the action level by the following means — 

(a)so far as is practicable, by engineering noise control (that is reducing noise level or peak noise level); and

(b)to the extent that it is not practicable to comply fully with paragraph (a) by engineering noise control, by reducing the length of time the person receives noise.

Penalty: See regulation 17.1.

7.6.Personal hearing protectors

Without limiting any duty to reduce noise placed on a responsible person under this Division, if any person is receiving, or is likely to receive, at the workplace noise above the action level each responsible person at the mine must ensure that — 

(a)a personal hearing protector, selected and maintained as approved, is provided to each of those persons; and

(b)safety warning signs are displayed about the wearing of personal hearing protectors.

Penalty: See regulation 17.1.

7.7.Duty to inform, instruct and train persons about hearing risks

If this Division places a duty on a responsible person at a mine to — 

(a)provide a person with a personal hearing protector; or

(b)reduce the length of time any person receives noise,

then the responsible person must also provide the person with appropriate information, instruction and training about risks to hearing, steps to be taken to reduce these risks, and the use and maintenance of personal hearing protectors.

Penalty: See regulation 17.1.

7.8.Noise report to be prepared

The manager of, and each employer at, a mine must cause a noise report relating to a workplace at the mine to be prepared as soon as is practicable but not in any case later than within 12 months of the commencement of mining operations.

Penalty: See regulation 17.1.

7.9.Additional noise report to be prepared

If a noise report relating to a workplace has been prepared each responsible person at the mine must cause another noise report to be prepared relating to the current noise situation at that workplace as soon as is practicable if — 

(a)there is, or is likely to have been, an increase of 5 dB or more in the peak noise level or noise exposure received by a person at the workplace who was already receiving noise above the action level; or

(b)at any time after 5 years from the date of the last noise report relating to the workplace, any person at the workplace is receiving, or is likely to be receiving, noise above the action level; or

(c)required to do so by an inspector.

Penalty: See regulation 17.1.

7.10.Noise reports

(1)Each responsible person at a mine must ensure that a noise report is prepared in the manner and form approved in relation to the workplace or type of workplace.

Penalty: See regulation 17.1.

(2)Each responsible person at a mine must ensure that the noise data on which a noise report is based, or of which a noise report is comprised, is collected by a person approved to collect that data (in this regulation called a noise officer).

Penalty: See regulation 17.1.

(3)A noise officer must use only approved procedures and approved sound measurement equipment to collect data which is to be used for a noise report.

Penalty: See regulation 17.1.

7.11.Duties after noise report is prepared

(1)As soon as is practicable after a noise report relating to a workplace at a mine has been prepared, the manager of, and each employer at, the mine must ensure that — 

(a)the contents of the noise report are communicated to all persons at the workplace and to any other persons that the manager considers to be at risk; and

(b)the State mining engineer is notified in the approved manner that the noise report has been prepared; and

(c)if requested to do so, a copy of the noise report is made available to an inspector or any person employed at the mine who may be exposed to the noise in that workplace.

Penalty: See regulation 17.1.

(2)Each responsible person at a mine must ensure that there is retained at the workplace if practicable, or if that is not practicable, at another readily accessible place — 

(a)if only one noise report relating to the workplace has been prepared, that report; or

(b)if more than one noise report relating to the workplace has been prepared, the last 2 of those reports prepared.

Penalty: See regulation 17.1.

(3)Each responsible person at a mine must ensure that within 6 months after a noise report relating to a workplace at the mine is prepared, a written plan setting out ways of reducing noise at the workplace is prepared and implemented.

Penalty: See regulation 17.1.

Division 2 — Hygiene and sanitation

7.12.Sanitation facilities

Each responsible person at a mine must ensure that suitable sanitation and hygiene facilities are provided at the mine and that those facilities are properly maintained.

Penalty: See regulation 17.1.

7.13.Toilet facilities

Each responsible person at a mine must ensure that appropriate toilet facilities are provided within a reasonable distance from each workplace at the mine.

Penalty: See regulation 17.1.

7.14.Prevention of pollution of workings

(1)Each responsible person at a mine must ensure that any sewage and septic tank systems at the mine, and any waste disposal sites on the surface of the mine, are located, operated and maintained so as to prevent pollution of underground workings in the mine.

Penalty: See regulation 17.1.

(2)Each responsible person at an underground mine must ensure that any sanitation and hygiene facilities in the mine are located, used and maintained so as to prevent pollution of any workings in the mine.

Penalty: See regulation 17.1.

(3)A person must not — 

(a)intentionally or recklessly pollute the workings of any mine; or

(b)misuse or damage any sanitation or hygiene facilities at any mine.

Penalty: See regulation 17.1.

7.15.Waste timber and other materials not to accumulate underground

(1)The manager of an underground mine must ensure that waste timber and any other combustible or perishable material is not allowed to accumulate underground in the mine but is removed from workings at regular intervals.

Penalty: See regulation 17.1.

(2)The manager of an underground mine must ensure that debris, refuse or organic material likely to be harmful to the safety and health of persons working underground, is not placed in stopes to be backfilled.

Penalty: See regulation 17.1.

[Regulation 7.15 amended: Gazette 19 Jan 1996 p. 237.]

7.16.Stagnant water not to accumulate underground

The manager of an underground mine must ensure that — 

(a)stagnant water is not allowed to accumulate in the mine in any place where employees work or travel but is drained or pumped away from that place; and

(b)if any stagnant water in the mine is drained or pumped away as provided in paragraph (a), adequate precautions are taken to prevent employees from being placed at risk from the release of noxious gases, or the depletion of oxygen in the atmosphere, caused by that drainage or pumping.

Penalty: See regulation 17.1.

7.17.Eating places

(1)The principal employer at, and the manager of, a mine must ensure that suitable places are provided where employees can eat their meals.

Penalty: See regulation 17.1.

(2)Each responsible person at a mine must ensure that eating places at the mine — 

(a)are maintained in a clean and dry condition; and

(b)are well ventilated; and

(c)have adequate seating, tables, hand washing facilities and waste disposal facilities.

Penalty: See regulation 17.1.

(3)The manager of a mine must ensure that waste disposal facilities in underground eating places are emptied daily and the contents removed to the surface daily for disposal.

Penalty: See regulation 17.1.

7.18.Drinking water

(1)The principal employer at, and the manager of, a mine must ensure that potable water supplies are readily available to all employees at the mine.

Penalty: See regulation 17.1.

(2)The manager of a mine must ensure that, at surface mining operations, each supply point for potable water (other than supply points in regular eating places and purpose built drinking fountains) is clearly marked with a sign.

Penalty: See regulation 17.1.

(3)The manager of an underground mine must ensure that — 

(a)employees are informed if water reticulated for general use at the mine is not suitable for drinking; and

(b)each supply point for potable water at the mine is clearly marked.

Penalty: See regulation 17.1.

7.19.Change rooms

(1)Each responsible person at an underground mine must ensure that — 

(a)a change room that complies with this regulation is provided at the mine; and

(b)the change room is properly maintained in accordance with this regulation.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not apply if arrangements are in place for the transport of employees at the mine to suitable ablution facilities elsewhere.

(3)The change room must — 

(a)include — 

(i)separate facilities and change areas for clean and dirty clothing; and

(ii)adequate facilities for drying wet clothing (if appropriate); and

(iii)facilities for cleaning off boots before entering the change room;

and

(b)be constructed and equipped to meet an adequate standard of hygiene.

(4)The change room must be maintained to an adequate standard of hygiene and must be regularly cleaned out and all clothing and equipment in the change room must be periodically removed and the change room must then be thoroughly cleansed.

Division 3 — Hazardous substances

7.20.Terms used

In this Division, unless the contrary intention appears — 

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, Seventh edition, 2007, published by the Commonwealth of Australia (ISBN 1 921168 57 9) including (for the avoidance of doubt) its appendices;

container, in relation to a hazardous substance, means anything in or by which the substance is or has been cased, covered, enclosed, contained or packed, whether wholly or partially, but does not include a tank as defined in the ADG Code;

enclosed system means any system of pipes, or storage or processing vessels, that is enclosed so that persons cannot readily see what substances are contained in the pipes or vessels;

label, in relation to a container, means a label placed on the container that identifies the substance in the container and provides basic information about the safe use and handling of the substance;

material safety data sheet or MSDS, in relation to a hazardous substance, means a document that, in accordance with the National Code of Practice for the Preparation of Material Safety Data Sheets — 

(a)describes the identity, chemical and physical properties of the substance; and

(b)provides information on the health hazards associated with the use and handling of the substance; and

(c)provides information on precautions for the safe use and handling of the substance;

National Code of Practice for the Preparation of Material Safety Data Sheets means the “National Code of Practice for the Preparation of Material Safety Data Sheets” 2nd Edition [NOHSC: 2011 (2003)] declared by the NOHSC and published in April 2003;

register means the register of hazardous substances referred to in regulation 7.25.

[Regulation 7.20 amended: Gazette 29 Feb 2008 p. 686; 21 Jul 2009 p. 2925.]

7.21.Material safety data sheets

Each responsible person at a mine must ensure that so far as is practicable — 

(a)a MSDS is available for each hazardous substance used or produced in a workplace at the mine; and

(b)the MSDS is readily accessible to all employees potentially at risk from the hazardous substance.

Penalty: See regulation 17.1.

7.22.Containers to be appropriate

Each responsible person at a mine must ensure that, so far as is practicable, any container at the mine used to hold a hazardous substance is manufactured from a suitable material, and has a suitable design, having regard to the physical and chemical properties of the substance.

Penalty: See regulation 17.1.

7.23.Disposal of containers

(1)Each responsible person at a mine must ensure that, so far as is practicable, a safe means of disposal is provided for hazardous substance containers that are no longer needed, or are emptied.

Penalty: See regulation 17.1.

(2)A person at a mine who disposes of a container (or former container) of hazardous substance must ensure that the container is disposed of using the safe means of disposal provided.

Penalty: See regulation 17.1.

7.24.Labels

Each responsible person at a mine must ensure that, so far as is practicable — 

(a)each hazardous substance container at the mine has an appropriate label on it; and

(b)a person does not, without reasonable excuse, remove, deface, modify or alter the label on such a container.

Penalty: See regulation 17.1.

7.25.Register of hazardous substances

(1)Each responsible person at a mine must ensure that a register is kept and maintained at the mine of hazardous substances used or produced at the mine.

Penalty: See regulation 17.1.

(2)The register referred to in subregulation (1) must set out — 

(a)details of all hazardous substances to which an employee may potentially be at risk of being exposed at each workplace at the mine; and

(b)in respect of each hazardous substance — 

(i)the MSDS for that substance; and

(ii)details of any assessment and report under regulation 7.27.

(3)The details referred to in subregulation (2)(a) must, so far as is practicable, include the duties at the workplace that may potentially lead to the exposure of an employee to the hazardous substance.

(4)Each responsible person at a mine must ensure that the register is readily accessible to all employees at the mine.

Penalty: See regulation 17.1.

7.26.Enclosed systems

Each responsible person at a mine must ensure that if any hazardous substance is contained in an enclosed system at the mine, the hazardous substance is identified to persons who are potentially at risk of being exposed to that substance.

Penalty: See regulation 17.1.

7.27.Risk assessment

Each responsible person at a mine must ensure that — 

(a)a suitable assessment is made of the consequences to the health of any person if exposed to hazardous substances at the mine; and

(b)if the assessment indicates a significant risk of exposure to a hazardous substance, a written report is prepared outlining means by which that risk may be reduced.

Penalty: See regulation 17.1.

7.28.Means of reducing risk of exposure to hazardous substances

(1)Each responsible person at a mine must, as far as practicable, reduce the risk of a person being exposed to a hazardous substance at the mine by means of preventing exposure to the substance.

(2)To the extent that it is not practicable to employ the means referred to in subregulation (1), a responsible person must reduce, so far as is practicable, the risk to a person of exposure to hazards by any, or a combination of, the following — 

(a)limiting the opportunity for potential exposure of the person to a hazardous substance;

(b)using appropriate engineering and ventilation controls;

(c)adopting safe work practices.

(3)To the extent that it is not practicable to employ the means referred to in subregulation (2), a responsible person must reduce the risk of exposure to a hazard to the person by requiring, in addition to the means referred to in subregulation (2) where practicable, the person to use personal protective clothing or equipment.

Penalty: See regulation 17.1.

[Regulation 7.28 amended: Gazette 28 Feb 2003 p. 668.]

7.29.Workplace atmospheric contaminant monitoring to be provided

If a report under regulation 7.27 indicates the need for atmospheric contaminant monitoring at a workplace at a mine, each responsible person at the mine must ensure that — 

(a)samples of atmospheric contaminants at the workplace are taken in accordance with Part 9; and

(b)the results of the samples are recorded and reported in accordance with Part 9.

Penalty: See regulation 17.1.

7.30.Health surveillance

If a report under regulation 7.27 indicates the need for surveillance of the health of employees at a mine, each responsible person at the mine must ensure that health surveillance (including biological monitoring) is provided in accordance with Division 4 of Part 3.

Penalty: See regulation 17.1.

Part 8 — Explosives

Division 1 — Preliminary

8.1.Terms used

In this Part, unless the contrary intention appears — 

booster means a priming charge used in association with a detonator or other initiating system to ensure that efficient and stable detonation in a column of explosive is reached and maintained;

bulk AN‑based explosive has the meaning given to that term by the Dangerous Goods Safety (Explosives) Regulations 2007 regulation 3;

butt or socket means the remaining or enlarged portion of a drill hole in rock remaining after a charge of explosives has been fired in that hole;

charge means explosive placed in a drill hole or other position for the purpose of producing an explosion;

detonator means a device containing high explosive which upon ignition will explode itself and which is used to initiate the explosion of a charge (whether directly or through a primer);

initiating system means a combination of detonators, detonating cord, signal tube, safety fuse, igniter cord or other devices designed to initiate the detonation of a charge or combination of charges in blasting;

primer means a packaged explosive charge which is prepared and designed to be used in conjunction with a detonator or other initiating system to ensure efficient detonation of an explosive charge in blasting operations;

to charge means the operation of placing a charge.

[Regulation 8.1 amended: Gazette 29 Feb 2008 p. 687.]

Division 2 — General

8.1A.Explosives, requirements in relation to

Each responsible person at a mine must ensure that the manufacture, storage, transport, supply, use and disposal of any explosive at the mine is in accordance with the Dangerous Goods Safety Act 2004 and regulations made under it.

Penalty: See regulation 17.1.

[Regulation 8.1A inserted: Gazette 29 Feb 2008 p. 687.]

8.2.Division does not apply to underground coal mining

This Division does not apply to or in relation to underground coal mining operations.

[8.3, 8.4.Deleted: Gazette 29 Feb 2008 p. 687.]

8.5.Underground magazines

(1)The manager of a mine must ensure that any underground magazine at the mine — 

(a)is located as far as practicable from any shaft or other mine access, winder, electrical sub‑station, pump station, primary or circuit fan or other important installation, but is readily accessible to any means of bulk transport; and

(b)is located and constructed so as to minimize or mitigate the effect that fumes resulting from any accidental explosion or fire in the magazine may have on persons in workplaces likely to be affected; and

(c)is constructed only after a careful check has been made of any existing boreholes which may intersect the magazine and any such boreholes have been securely plugged with a sufficient column of cement grout; and

(d)is adequately ventilated; and

(e)is located and constructed so that every precaution has been taken to reduce the risk of fire in the magazine and its general vicinity.

Penalty: See regulation 17.1.

[(2)deleted]

[Regulation 8.5 amended: Gazette 29 Feb 2008 p. 687.]

[8.6.Deleted: Gazette 29 Feb 2008 p. 687.]

8.7.Lights

(1)A person must not introduce a naked light into any magazine.

Penalty: See regulation 17.1.

(2)The principal employer at a mine must ensure that a fixed lighting system is installed in any underground magazine at the mine if the manager of the mine requests that such a system be installed.

Penalty: See regulation 17.1.

(3)The manager of a mine must not make a request referred to in subregulation (2) unless in the manager’s opinion the system is essential to the safe working of the mine.

(4)If a fixed lighting system is installed in any underground magazine at a mine, the principal employer at the mine must ensure that — 

(a)the system is designed and installed to minimize any risk of initiation of explosives or detonators by heat, electrical malfunction, or accidental damage to the system; and

(b)switches for the system are external to the magazine; and

(c)light fixtures and fittings comply with the requirements for dust excluding ignition‑proof enclosures in AS/NZS 61241.1.1.

Penalty: See regulation 17.1.

[Regulation 8.7 amended: Gazette 29 Feb 2008 p. 688; 11 Jan 2013 p. 53.]

[8.8, 8.9.Deleted: Gazette 29 Feb 2008 p. 688.]

8.10.Faulty explosive in magazine

The manager of a mine must ensure that old or deteriorated explosives are not stored in a magazine at the mine and, if found in a magazine, are removed from the magazine and destroyed.

Penalty: See regulation 17.1.

[Regulation 8.10 amended: Gazette 29 Feb 2008 p. 688.]

8.11.Removal on closure of mine

The manager of a mine must ensure that, if the mine or any part of the mine is closed, any explosive stored in the mine or part of the mine is removed from the mine or part of the mine and disposed of in accordance with the manufacturer’s recommendations.

Penalty: See regulation 17.1.

[Regulation 8.11 amended: Gazette 29 Feb 2008 p. 688.]

[8.12.Deleted: Gazette 29 Feb 2008 p. 688.]

8.13.Smoking prohibited

(1)A person must not smoke or use any naked light at a mine while carrying, handling or using any explosive or initiating system or while being within 8 m of any such thing.

Penalty: See regulation 17.1.

[(2)deleted]

[Regulation 8.13 amended: Gazette 29 Feb 2008 p. 688.]

8.14.Handling and transport

[(1)deleted]

(2)A person must not take — 

(a)into any underground workplace any explosive in excess of the quantity required for use during one shift in that workplace; or

(b)into any workplace in a quarry any explosive in excess of the quantity required for immediate use,

and any quantity in excess of that used must be accounted for and returned to the magazine.

Penalty: See regulation 17.1.

(3)A person who takes any explosive or blasting agent into any underground workplace for use in that workplace must ensure that the explosive is safely stored before it is used.

Penalty: See regulation 17.1.

[(4)deleted]

(5)A person at a mine must not place any detonator, or any fuse which has a detonator attached to it, in a container that contains any other explosive.

Penalty: See regulation 17.1.

(6)A person at a mine — 

(a)must, so far as is practicable, ensure that a primer assembled with a detonator is not made up until the point of use in charging; and

(b)must not transport a primer assembled with a detonator with any other explosive.

Penalty: See regulation 17.1.

(7)Subregulation (6)(a) does not apply to the assembly and transport of a primer and a detonator before the point of use in charging if the assembly and transport has been approved in writing by the manager of the mine.

(8)Subregulation (6)(b) does not apply to the transport of pre‑assembled priming charges supplied by the manufacturer that consist of a booster and fitted detonating cord only and do not contain a detonator.

[Regulation 8.14 amended: Gazette 29 Feb 2008 p. 688.]

[8.15.Deleted: Gazette 29 Feb 2008 p. 688.]

8.16.Storage of detonators

Each responsible person at a mine must ensure that — 

(a)so far as is practicable, detonators are stored in a magazine that is separate from the magazine in which explosives are stored; and

(b)no detonator or detonating accessory of any kind is stored in an underground magazine underground unless it is contained and separated from any explosive in the magazine so that any explosion of the detonator will not detonate the explosive.

Penalty: See regulation 17.1.

[Regulation 8.16 amended: Gazette 29 Feb 2008 p. 688‑9.]

8.17.Detonator capping station

(1)A person at a mine who caps any safety fuse with detonators must ensure that — 

(a)the capping occurs above ground and does not occur in a magazine; and

(b)fuses are not capped in any workplace where primers are being made up or charging is taking place; and

(c)any capped fuses are prepared in daylight, or by electric light, in a location approved for that purpose by the manager of the mine; and

(d)the fuse is cut into required lengths with a sharp instrument; and

(e)detonators are placed on the fuse and crimped by the use of an appliance of a type specifically designed for that purpose; and

(f)the doors of any place used for the capping are such that they open only outwards.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not apply if — 

(a)an underground manager determines that the nature and circumstances of a particular job requires the capping of a small number of fuses for a limited application; and

(b)the underground manager designates in writing the location and the procedure to be followed in carrying out that capping; and

(c)the person carries out the capping at the designated location and in accordance with the designated procedure.

[8.18.Deleted: Gazette 29 Feb 2008 p. 689.]

8.19.Safety fuse — burning rate

(1)The manager of a mine must ensure that for each type of fuse used at the mine — 

(a)the burning rate of the fuse has been ascertained from its manufacturer or supplier; and

(b)all necessary steps have been taken to make that burning rate known to persons using the fuse at the mine; and

(c)a notice is posted on a notice board in a conspicuous place specifying the burning rate of the fuse.

Penalty: See regulation 17.1.

(2)The manager of a mine must ensure that the burning rate of a fuse ascertained from a manufacturer or supplier under subregulation (1) is verified by — 

(a)having sufficient samples of the fuse taken from each case or package of the fuses brought on to the mine; and

(b)having those samples tested by burning them before any of the contents of the case or package are used for mining purposes.

Penalty: See regulation 17.1.

8.20.Safety fuse — length

The manager of a mine must ensure that the length of any safety fuse used for firing any charge at the mine — 

(a)is not less than 1 m; and

(b)is long enough so that the person firing the charge will have sufficient time after lighting the fuse to reach a place of safety without undue haste.

Penalty: See regulation 17.1.

8.21.Drilling precautions — underground

(1)A person must not carry out drilling in the floor, walls, face or back of any development or stope heading, or in any bench or shaft bottom, in any underground mine until the area to be drilled has been washed down and the butts washed and cleaned and examined for misfires, except that a floor, bench or shaft bottom may be blown clean with compressed air and water for examination.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not apply to — 

(a)drilling in an excavation produced by mechanical means (rather than by drilling and blasting); or

(b)drilling of the back and shoulder holes from the muck pile in any development heading after blasting if — 

(i)normal face preparation of the exposed face has been carried out; and

(ii)no hole is drilled within 1 m of the muck pile;

or

(c)the drilling of holes for ground support in the back and the sides of an excavation.

(3)A person in an underground mine must not drill a hole in any butt or within 15 cm of the edge of any butt.

Penalty: See regulation 17.1.

(4)For the purposes of subregulation (3), a butt includes the shattered area left in the face from a burn cut.

(5)A person must not carry out drilling in any face in an underground mine containing a charged hole or a misfire unless instructed by an authorised person to do so and, in the case of a misfire, after such interval of time after firing as is instructed by the authorised person.

Penalty: See regulation 17.1.

(6)In subregulation (5) — 

authorised person means the underground manager of the mine or a representative of the underground manager.

8.22.Drilling precautions — surface mining operations

(1)A person must not carry out drilling in any face or bench in a quarry operation until it has been examined for misfires.

Penalty: See regulation 17.1.

(2)A person must not drill a drill hole in any face or bench in a quarry operation so that any portion of the hole is closer than 6 m to a hole containing explosive except — 

(a)when clearing a misfire after repriming and refiring in accordance with these regulations; or

(b)in accordance with the approval in writing of the quarry manager.

Penalty: See regulation 17.1.

(3)The approval of the quarry manager referred to in subregulation (2)(b) may be subject to specified precautions being taken.

(4)If approval is given by the quarry manager to redrill a hole in a pattern with adjacent holes already charged, the approval must be subject to specified precautions including the protection of initiating systems at the collars of the charged holes.

[Regulation 8.22 amended: Gazette 29 Feb 2008 p. 689.]

8.23.Charging operations — underground

(1)This regulation only applies to charging operations in an underground mine.

(2)A person must not charge a hole unless it has been blown out or otherwise cleaned of cuttings and sludge.

Penalty: See regulation 17.1.

(3)A person must use tamping rods of either wood, or a suitable non‑metallic material, when charging holes for blasting.

Penalty: See regulation 17.1.

(4)A person must not use metal ferrules, tips or connectors on tamping rods.

Penalty: See regulation 17.1.

(5)Each responsible person at an underground mine must ensure that an adequate supply of tamping rods of a type appropriate for the purposes of the mine are provided at the mine.

Penalty: See regulation 17.1.

(6)A person must not — 

(a)charge any nitroglycerine based explosive into a hole except in the form of a cartridge; or

(b)forcibly press any such cartridge into any hole of insufficient diameter.

Penalty: See regulation 17.1.

(7)A person must not charge more holes in any one working face than are intended to be fired in one blasting.

Penalty: See regulation 17.1.

(8)A person must treat any charge which has not fired or exploded in any face or heading which has been blasted, as a misfire.

Penalty: See regulation 17.1.

8.24.Charging operations — surface mining operations

(1)This regulation only applies to charging operations in surface mining operations.

(2)A person must not — 

(a)charge any nitroglycerine based explosive into a hole except in the form of a cartridge; or

(b)forcibly press any such cartridge into any hole of insufficient diameter.

Penalty: See regulation 17.1.

(3)A person must not drop any explosive in cartridge form into any down hole but must place the explosive in the hole in accordance with the supplier’s or manufacturer’s recommendation.

Penalty: See regulation 17.1.

(4)A person must not charge more holes in any one designated blast than are intended to be fired in the one blasting.

Penalty: See regulation 17.1.

(5)A person must treat any charge in a designated blast which has not fired or exploded as a misfire.

Penalty: See regulation 17.1.

(6)A person must not operate, drive or repair any rockdrill, shovel, machine or vehicle within a distance of 6 m from any hole which is being, or has been, charged for blasting on the same bench.

Penalty: See regulation 17.1.

(7)Subregulation (6) does not apply to any — 

(a)vehicle or machine used in the charging operation; or

(b)drill rig used to redrill holes if — 

(i)the structure of the rig is in close proximity to the charged holes; and

(ii)any precautions specified by the quarry manager are observed.

8.25.Firing warnings — underground

(1)A person intending to fire a charge in an underground mine must — 

(a)give a complete and definite warning to all persons in adjacent workings before the person fires; and

(b)ensure that — 

(i)all means of entry to the place of firing are guarded against entry by any person; or

(ii)firing warning notices are erected across each place of entry.

Penalty: See regulation 17.1.

(2)The person referred to in subregulation (1) must ensure that any warning notices are removed when work at that place is resumed.

Penalty: See regulation 17.1.

(3)A person must not fire a charge unless all persons have been removed to the ventilation intake side of the place where firing is to take place and where the resultant fumes and dust will not affect them.

Penalty: See regulation 17.1.

[Regulation 8.25 amended: Gazette 29 Feb 2008 p. 689.]

8.26.Firing warnings — surface mining operations

(1)A person intending to fire a charge in a surface mining operation must ensure that —

(a)proper warning has been given in all adjacent areas from which any person might approach and be at risk from the explosion; and

(b)all persons who are in places where they might be injured by the blasting have been warned of the intended blasting; and

(c)all persons referred to in paragraph (b) have taken adequate shelter or left the area; and

(d)all means of entry to the place of blasting are securely guarded against entry by any person or firing warning notices are erected if necessary to prevent entry.

Penalty: See regulation 17.1.

(2)The person referred to in subregulation (1) must ensure that any firing warning notices are removed when work at that place is resumed.

Penalty: See regulation 17.1.

(3)If blasting in a surface mining operation could constitute a public nuisance or danger, the principal employer at, and the manager of, the mine must ensure that an audible warning device is provided and installed at the mine.

Penalty: See regulation 17.1.

(4)If an audible warning device is installed under subregulation (3), the principal employer at, and the manager of, the mine must ensure that — 

(a)at all entrances leading to the blasting area, sufficient and suitable notices are erected warning persons that the noise of the warning device is a signal that blasting is to take place; and

(b)any person engaged in blasting — 

(i)before firing causes audible signals to be made of the kind designated as the firing warning described in the notice; and

(ii)continues those signals throughout the danger period.

Penalty: See regulation 17.1.

[Regulation 8.26 amended: Gazette 29 Feb 2008 p. 689.]

8.27.Firing times — underground

(1)This regulation only applies to the firing of a charge underground.

(2)Except as otherwise provided in this regulation, a person must not fire a charge except at the times designated by the underground manager.

Penalty: See regulation 17.1.

(3)The underground manager of a mine must ensure that the firing times designated for the purposes of subregulation (2) are — 

(a)set to ensure that persons are not exposed to hazards in firing blasts; and

(b)posted in appropriate places, and are understood and enforced by persons at the mine.

Penalty: See regulation 17.1.

(4)For the purposes of removing obstructions in ore passes, chutes, mill holes or rock crushers, or making the working safe, or firing misfired holes in development faces but not in stoping faces, and with the consent in each case of either the underground manager, shift supervisor or other person having general charge of operations by authority of the underground manager, firing may be carried out at times other than those designated for the purposes of subregulation (2).

(5)In the case of development headings which are ventilated in such a way that blasting fumes are extracted so as not to affect any other parts of the mine, and if blasting operations will not create a hazard to persons elsewhere in the mine, firing may be carried out at times other than those designated for the purposes of subregulation (2) but in accordance with a procedure approved by the manager or underground manager.

[Regulation 8.27 amended: Gazette 29 Feb 2008 p. 689.]

8.28.Firing times — surface mining operations

(1)This regulation only applies to the firing of a charge in a surface mining operation.

(2)Except as otherwise provided in this regulation, the principal employer at, or the manager of, a mine must cause the times of blasting operations in each part of a surface mining operation to be so arranged that employees and the public are not exposed to any danger.

Penalty: See regulation 17.1.

(3)Except as provided in subregulation (4), a person must not fire a charge at night.

Penalty: See regulation 17.1.

(4)For the purposes of removing obstructions in crushers, or making workings safe, or for firing misfired holes, and with the consent in each case of the quarry manager or the representative of the quarry manager, firing may take place at night.

(5)If firing is likely to constitute a public nuisance in a built‑up area, the manager of a mine must — 

(a)prohibit firing at any times other than such as the manager determines; or

(b)impose other controls including prohibiting secondary blasting.

Penalty: See regulation 17.1.

(6)A person must not fire a charge at a time other than that determined by the manager under subregulation (5)(a) or contrary to any control imposed by the manager under subregulation (5)(b).

Penalty: See regulation 17.1.

[Regulation 8.28 amended: Gazette 29 Feb 2008 p. 689.]

8.29.Special blasts underground

(1)If it is intended to fire any unusually large blast in an underground mine and, in the manager’s opinion, there is a possibility of danger to persons or of damage to adjacent mines or property, the manager must — 

(a)give not less than 48 hours’ notice of the intention to fire such a blast to the senior inspector; and

(b)give not less than 48 hours’ notice of the intention to fire such a blast to persons who may be endangered and to the manager of any mine in which damage could result.

Penalty: See regulation 17.1.

(2)Upon being notified under subregulation (1)(a), the senior inspector may by notice given to the manager — 

(a)appoint a time for the blasting; and

(b)specify precautions to be taken in relation to the blasting.

(3)If a senior inspector appoints a time for any blast or specifies any precautions to be taken in relation to that blast, the manager of the mine must ensure that the blast does not occur except at the appointed time and that the precautions are taken.

Penalty: See regulation 17.1.

8.30.Fly rock surface mining operations

(1)If debris from blasting in a surface mining operation could constitute a danger to any person or property, each responsible person at the mine must ensure that such precautions are taken as are necessary to prevent injury to persons and to minimize the risk of damage to property.

Penalty: See regulation 17.1.

(2)If debris from blasting in a surface mining operation could constitute a danger to persons or if fly rock could land on public roads or property other than that of the principal employer, the manager of the mine must ensure that blasting mats are used and secured in a manner which will contain the debris during the whole blasting operation.

Penalty: See regulation 17.1.

(3)If the nature or extent of any blasting at a mine is such that blasting mats may not be effective, the manager of the mine must ensure that the blast design (including charge distribution, stemming length and type and delay sequence) is such as to minimize the risk of fly rock.

Penalty: See regulation 17.1.

8.31.Firing with safety fuse

(1)A person may light a single fuse by means of a match but if a person is lighting more than one fuse the person must use a type of fuse lighter that has been supplied by an explosives manufacturer for that purpose.

Penalty: See regulation 17.1.

(2)A person must not light separately, by hand, more than 4 fuses in any one place.

Penalty: See regulation 17.1.

(3)If a person is lighting more than 4 fuses, the person must use a multiple igniting cartridge, igniter cord, or some similar device in accordance with the manufacturer’s or supplier’s instructions.

Penalty: See regulation 17.1.

(4)A person must, both during lighting and when lighting is completed, take care to ensure that no portion of the burning fuse lighter falls into any part of the hole or upon any part of the fuse.

Penalty: See regulation 17.1.

(5)If safety fuses are to be used to fire shots in a shaft, winze or rise, the person firing the shots must ensure that — 

(a)the fuses are not lit by hand; and

(b)the fuses are fitted with igniter cord connectors and connected in the firing sequence with igniter cord; and

(c)the igniter cord in the shaft, winze or rise will be initiated by means of an electric initiator from a safe position clear of the collar of the shaft, winze or rise.

Penalty: See regulation 17.1.

8.32.Electrical firing

Each responsible person at a mine must ensure that efficient circuit testers, exploders, switches, fuses, electrical conductors and other necessary apparatus, suitable for the conditions under which they are to be used, are provided for electrical firing at the mine and are maintained in good working order.

Penalty: See regulation 17.1.

8.33.Testing electrical firing circuits

(1)A person must not use a meter or device for the purpose of testing the continuity or resistance of circuits intended for electrical firing unless the meter or device is designed for that purpose and is approved by the manager of the mine and is not damaged or modified.

Penalty: See regulation 17.1.

(2)Except as provided in subregulation (3), if a circuit intended for electrical firing is to be tested for continuity or resistance, the person conducting the test must ensure that — 

(a)the test is first done at a safe distance from the charged face; and

(b)if the initial test from a safe distance has indicated a fault in the circuit, any testing meter or device used at the charged face has a maximum current output of not more than 10 milliamps.

Penalty: See regulation 17.1.

(3)If the complexity of the circuits to be used for a mass blast is such that in the senior inspector’s opinion frequent circuit testing is necessary, that testing may be carried out at a charged face at any time with a meter or device — 

(a)which has been tested within the preceding 24 hours with a milliammeter which itself has, within the previous 12 months, been checked and calibrated to the satisfaction of and approved by the manager of the mine; and

(b)which has been shown to have a maximum current output of not more than 10 milliamps,

if each electric detonator has first been tested for continuity with the meter or device before being included in the circuit.

[Regulation 8.33 amended: Gazette 29 Feb 2008 p. 689‑90.]

8.34.Electrical blasting accessories

(1)A person must not use a storage battery or dry cell for firing except when contained in an approved battery operated exploder.

Penalty: See regulation 17.1.

[(2)deleted]

[Regulation 8.34 amended: Gazette 29 Feb 2008 p. 690.]

8.35.Electric detonators

(1)A person must not — 

(a)take an electrical detonator into an underground mine unless the lead wires of each detonator have been short circuited; or

(b)open the short circuit referred to in paragraph (a) until charging operations have been completed and the detonator is required for connecting to the firing circuit.

Penalty: See regulation 17.1.

(2)A person who has possession at a mine of any electrical detonators must ensure that those detonators are kept at a safe distance from sources of electromagnetic radiation to prevent the possibility of induced ignition of the detonators by such sources.

Penalty: See regulation 17.1.

8.36.Electric firing circuits

(1)A person must not use a shot firing cable for any purpose other than shot firing.

Penalty: See regulation 17.1.

(2)A person who uses a shot firing cable at a mine must ensure that — 

(a)the cable is adequately protected and insulated for the conditions under which blasting is to be carried out; and

(b)adequate precautions are taken to prevent the cable from coming into contact with any lighting or power cables.

Penalty: See regulation 17.1.

(3)A person who uses a shot firing cable at a mine must ensure that the cable is kept short circuited at each end during the period the face is being charged and remains short circuited at the power end while the leads from the detonators are being connected to each other or to the firing cables.

Penalty: See regulation 17.1.

(4)Except as provided in subregulation (7) or regulation 8.37, a person who uses a shot firing cable at a mine must ensure that the detonator leads at any face to be fired are connected to the firing line at a time as close to the time of firing as is practicable, consistent with the requirement for the firing crew to be able to return to the firing point without being put at risk from other firing in the vicinity.

Penalty: See regulation 17.1.

(5)Except as provided in subregulation (7) or regulation 8.37, a person who uses a shot firing cable at a mine must ensure that — 

(a)the short circuit at the power end is not opened for connection to the source of power until all persons have been withdrawn from the face to a safe place for firing;

(b)as soon as the short circuit has been opened the shot firing cable is connected to the source of power and the blast fired forthwith, and the short circuit is then replaced.

Penalty: See regulation 17.1.

(6)Except as provided in subregulation (7) or regulation 8.37, the underground manager of a mine must ensure that a written procedure is developed that provides a safe system of connecting up and firing and that the procedure is clearly understood by all employees working underground and is followed by those employees.

Penalty: See regulation 17.1.

(7)In the case of rises (whether mechanized or conventional ladder access), the firing line should be left short circuited at the level below the rise, and connected to the level line immediately before firing.

8.37.Mains firing, connection of faces

If a mains firing system incorporating clearance of all personnel through a personal tag board checking system is in place, connection of detonators to the firing line at the face need not be made immediately before firing, but connection should be made no earlier before firing than is required by operating conditions.

8.38.Firing during electrical storms

(1)This regulation applies to and in relation to firing — 

(a)in surface mining operations; and

(b)underground if the firing is controlled from the surface by means of a direct electrical firing cable.

(2)If, in the opinion of the manager of a mine, the proximity of an electrical storm is such as to constitute a danger to the process of charging and firing, the manager must ensure that work in connection with the charging and firing ceases, and that all employees are withdrawn from the area of that work.

Penalty: See regulation 17.1.

8.39.Mains firing

(1)A person must not use electricity from lighting or power cables for firing shots unless — 

(a)the voltage and current used are adequate for the number of detonators and type of circuit, and the voltage used does not exceed 415 volts; and

(b)the firing and isolating, short circuit and lock out system are designed and constructed to the recommendations of the manufacturer or supplier of the detonators; and

(c)a cut‑out relay is included in the firing circuit which limits current flow to a maximum of 25 milliseconds; and

(d)the key to the firing box and isolating and short circuiting boxes is in the personal custody of a shotfirer authorised by the manager of the mine for each shift; and

(e)a system is in place to ensure the clearance of personnel prior to firing from all workings of the mine in which blasts are fired from the mains system.

Penalty: See regulation 17.1.

(2)The authorised shotfirer must ensure — 

(a)that the firing box is kept locked except at the time of firing and

(b)immediately after firing any charge, that the shot firing cables are disconnected from the source of power and that the box is locked.

Penalty: See regulation 17.1.

(3)A person must not remove the key to the door of the isolating switch box from the personal custody of the authorised shotfirer on duty or give the key to any other person.

Penalty: See regulation 17.1.

[Regulation 8.39 amended: Gazette 29 Feb 2008 p. 690.]

[8.40.Deleted: Gazette 29 Feb 2008 p. 690.]

8.41.Blasting agent — charging holes

(1)A person must load a hole charged with bulk AN‑based explosive so as to ensure a continuous explosive line.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not apply if purpose designed deck charging is used.

(3)A person must not use a pneumatic loader to load bulk AN‑based explosive unless the loader, charging hose and earthing arrangements are safe and efficient and in accordance with the manufacturer’s and supplier’s recommendations.

Penalty: See regulation 17.1.

(4)A person using a pneumatic loader to load bulk AN‑based explosive must ensure that the explosive is loaded through a semi‑conductive hose or tube having a resistance of not less than 15 thousand ohms per metre and not more than 2 megohms for its total length.

Penalty: See regulation 17.1.

(5)A person charging bulk AN‑based explosive must ensure that he or she removes any gloves and is effectively earthed to drain off any static electrical charge before handling and connecting any electric detonators.

Penalty: See regulation 17.1.

(6)A person must not use water lines, compressed air lines, wire covered hoses, rail or permanent electrical earthing systems as a means of earthing.

Penalty: See regulation 17.1.

(7)A person must use protected type detonators when pneumatic loading and electric firing.

Penalty: See regulation 17.1.

[Regulation 8.41 amended: Gazette 29 Feb 2008 p. 690.]

8.42.Suspension of work following firing

After a charge has been fired in a workplace, a person must not recommence work in that place until it has been carefully inspected for misfires by the shotfirer or another competent person in accordance with this Division.

Penalty: See regulation 17.1.

[Regulation 8.42 amended: Gazette 29 Feb 2008 p. 690.]

8.43.Misfires

For the purposes of this Division, a misfire occurs, or should be suspected, if — 

(a)when using safety fuse, the number of shots counted is less than the number of holes or groups of holes fired, or there is any other reason to suspect that any of the charges has failed to explode; or

(b)any hole or portion of a hole has damaged safety fuse, detonating fuse, or detonating wires exposed; or

(c)there is any cut‑off, butt, or remaining portion of a hole which is suspected to contain explosive and it has not been shown that it does not contain explosive.

[Regulation 8.43 amended: Gazette 29 Feb 2008 p. 690.]

8.44.Suspension of work — underground misfires

(1)When a misfire is suspected to have occurred in an underground mine the person who suspects or confirms the misfire must — 

(a)report the misfire to the underground manager, foreman or supervisor; and

(b)if the misfire occurred at the end of the shift, also report it to the relieving person.

Penalty: See regulation 17.1.

(2)A person must not do any further drilling in a face until a misfire has been made safe or refired.

Penalty: See regulation 17.1.

8.45.Suspension of work — misfires in surface mining operations

If a misfire is suspected to have occurred in a surface mining operation a person must not do any work at the site at which the misfire occurred until the manager or quarry manager, or a competent person authorised by the manager or quarry manager, has inspected that site and taken such action as may be necessary to ensure that further work may be safely continued.

Penalty: See regulation 17.1.

8.46.Time interval and inspection

(1)A person must not approach a charge that has misfired — 

(a)if safety fuse was used, until half an hour has elapsed since the time of lighting the fuse; or

(b)if electrical firing was used, until the firing cables are disconnected from the source of electric power and short circuited and 5 minutes have elapsed.

Penalty: See regulation 17.1.

(2)After the period specified in subregulation (1), the shotfirer, supervisor, foreman or manager, whichever is applicable, must inspect, or delegate some other competent person to inspect, the bench or face and take such action as must be necessary to ensure that further work can be safely continued.

Penalty: See regulation 17.1.

(3)A record of the inspection and of the action taken under subregulation (2) must be recorded in the record book at the end of shift by the person making the inspection.

Penalty: See regulation 17.1.

8.47.Remedial action — refiring

(1)A person must not withdraw a charge of nitroglycerine based explosive which has misfired, but must reprime and fire the charge.

Penalty: See regulation 17.1.

(2)If a misfired charge consists of bulk AN‑based explosive — 

(a)the charge may be reprimed and fired; or

(b)washed out with water or a non‑ferrous blowpipe and any residual primer recharged and fired.

Penalty: See regulation 17.1.

[Regulation 8.47 amended: Gazette 29 Feb 2008 p. 691.]

8.48.Misfires using safety fuse

(1)If a misfire containing blasting agent and safety fuse has been reprimed and fired (whether the charge explodes or does not explode), a person must not approach the face or bench containing the misfire so reprimed and fired until one hour has elapsed from the time of initiating the last charge.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not apply in a quarry if the shotfirer can confirm from a safe position that the hole which has been reprimed and fired has effectively broken out the ground.

8.49.Failed refiring — surface mining operations

If repriming and refiring has failed to explode all explosive in a misfired hole in a surface mining operation, the shotfirer must — 

(a)clean off any rock around the misfire and determine the position of that hole; and

(b)remove the remaining portion of the hole either by digging it out or by drilling and firing one or more holes adjacent as may be necessary to remove the misfire in accordance with procedures specified by the quarry manager; and

(c)determine the position of each additional hole.

Penalty: See regulation 17.1.

[Regulation 8.49 amended: Gazette 29 Feb 2008 p. 691.]

8.50.Burning without exploding

(1)If in any workplace a charge burns without exploding — 

(a)a person must not approach the place until one hour has elapsed from the time when the attempt to fire the charge was made; and

(b)a person must not place another charge in any hole in which the charge has burned unless and until the hole has been left to cool or filled and cooled with water.

Penalty: See regulation 17.1.

(2)The hole, when cool, must be dealt with as a misfire.

[Regulation 8.50 amended: Gazette 29 Feb 2008 p. 691.]

8.51.Recharging of holes

A person must not recharge a hole which has been fired unless — 

(a)a period of one hour has elapsed from the time of firing; or

(b)the hole has been thoroughly cooled with water.

Penalty: See regulation 17.1.

8.52.Blasting under water

If it is necessary to carry out blasting underwater at a mine, the manager of the mine must ensure that — 

(a)the explosives, initiating systems and procedures used are in accordance with the manufacturer’s or supplier’s recommendations; and

(b)persons who perform the work have the necessary experience and are competent to perform that work.

Penalty: See regulation 17.1.

8.53.Term used: relevant procedure

In regulations 8.54, 8.55 and 8.56 —

relevant procedure, in relation to the blasting referred to in that regulation, means a written procedure for the blasting —

(a)that has been developed in conjunction with the manufacturer or supplier of the explosives, or an explosives consultant or other expert authority; or

(b)that is set out in a blast plan that complies with the Dangerous Goods Safety (Explosives) Regulations 2007 regulation 130.

[Regulation 8.53 inserted: Gazette 29 Feb 2008 p. 691.]

8.54.Blasting in hot material

(1)In this regulation — 

hot material means material having a temperature exceeding 57°C.

(2)When blasting is to be undertaken in hot material, any person involved in that blasting must use explosives, adopt charging and firing practices, and take precautions in accordance with the relevant procedure.

Penalty: See regulation 17.1.

(3)The manager of a mine must notify the district inspector of any blasting that is to be undertaken in hot material at the mine.

Penalty: See regulation 17.1.

(4)The district inspector may specify additional precautions that must be taken when the blasting referred to in subregulation (3) is undertaken.

(5)A person involved in blasting in hot material at a mine must take any additional precautions specified by the district inspector under subregulation (4).

Penalty: See regulation 17.1.

8.55.Blasting in oxidising or reactive ground

(1)When blasting is to be undertaken in oxidising or reactive ground, any person involved in that blasting must use explosives, adopt charging and firing practices, and take precautions in accordance with the relevant procedure.

Penalty: See regulation 17.1.

(2)The manager of a mine must notify the district inspector of any blasting that is to be undertaken in oxidising or reactive ground at the mine.

Penalty: See regulation 17.1.

(3)The district inspector may specify additional precautions that are to be taken when the blasting referred to in subregulation (2) is undertaken.

(4)A person involved in blasting in oxidising or reactive ground at a mine must take any additional precautions specified by the district inspector under subregulation (3).

Penalty: See regulation 17.1.

8.56.Demolition blasting

(1)In this regulation — 

demolition blasting means the demolition of any structure, building, installation, foundation, machinery or equipment by the use of explosives on such a scale or in such a location that there may be a risk of injury to persons in the process of, or consequential to, that work.

(2)If demolition blasting is undertaken at a mine, each person involved in that blasting must use explosives, adopt charging and firing practices, and take precautions in accordance with the relevant procedure.

Penalty: See regulation 17.1.

(3)The manager of a mine must notify the district inspector of any demolition blasting that is to be undertaken at the mine.

Penalty: See regulation 17.1.

(4)Subregulation (3) does not apply to small scale or localized demolition blasting.

(5)The district inspector may specify additional precautions that are to be taken when the blasting referred to in subregulation (3) is undertaken.

(6)A person involved in demolition blasting at a mine must take any additional precautions specified by the district inspector under subregulation (5).

Penalty: See regulation 17.1.

[Division 3 deleted: Gazette 29 Feb 2008 p. 691.]

Part 9  Ventilation and control of dust and atmospheric contaminants

9.1.Terms used

In this Part, unless the contrary intention appears — 

asbestos removal work means any work involving the removal or sealing of installed thermal or acoustic insulation material which consists of, or contains, asbestos in a concentration of more than 1% by weight;

atmospheric contaminant means any potentially harmful substance in a workplace that is naturally absent from air, or is present in the workplace in an unnaturally high concentration, and to which employees may be exposed;

bulk depot means a depot within premises in which dangerous goods are stored in bulk;

contaminant asbestos means crocidolite, chrysotile, grunerite (amosite), or the asbestiform varieties of actinolite, tremolite or anthophyllite present in rock in or about the mine;

dust plan, in relation to an underground coal mine, means the plan prepared for that mine under regulation 9.35;

exposure standard for an atmospheric contaminant, means — 

(a)the standard specified in the Exposure Standards for Atmospheric Contaminants in the Occupational Environment; or

(b)in relation to an atmospheric contaminant for which a different standard is determined by the Minister under regulation 9.2, such standard as is determined; or

(c)in relation to an atmospheric contaminant specified in regulation 9.11(2), the standard specified for the atmospheric contaminant in regulation 9.11(2);

Exposure Standards for Atmospheric Contaminants in the Occupational Environment means the “Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment” [NOHSC:1003 (1995)] declared by the NOHSC and published in May 1995;

Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres means the “Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres” 2nd Edition [NOHSC:3003 (2005)] declared by the NOHSC and published in April 2005;

inhalable dust has the same meaning as in AS 3640;

package depot means a depot in which packages are stored;

peak, in relation to an exposure standard, means the maximum airborne concentration of an atmospheric contaminant determined over the shortest analytically practicable period of time which does not exceed 15 minutes;

respirable dust has the same meaning as in AS 2985;

short term exposure limit or STEL, in relation to an exposure standard, means a concentration of atmospheric contaminant averaged over a period of 15 minutes;

TWA concentration means the time weighted average concentration of an atmospheric contaminant when calculated over a normal 8 hour working period during a 5 day working week;

ventilation log book means the book referred to in regulation 9.7;

ventilation officer, in relation to a mine, means a person appointed to be a ventilation officer for the mine under regulation 9.3.

[Regulation 9.1 amended: Gazette 4 Apr 2005 p. 1109; 21 Jul 2009 p. 2925‑6; SL 2020/239 r. 4.]

9.2.Determination of different exposure standard

The Minister may, on the advice of the Mining Industry Advisory Committee, determine in writing that an exposure standard other than that specified in the Exposure Standards for Atmospheric Contaminants in the Occupational Environment applies to an atmospheric contaminant.

[Regulation 9.2 amended: Gazette 19 Jan 1996 p. 237; 4 Apr 2005 p. 1109; 21 Jul 2009 p. 2926.]

9.3.Ventilation officer to be appointed

(1)The manager of a mine must ensure that a person is appointed to be a ventilation officer for the mine.

Penalty: See regulation 17.1.

(2)The manager of a mine may for the purposes of subregulation (1) appoint different persons to be ventilation officers for different parts of the mine.

(3)The manager of a mine must advise the district inspector in writing of the appointment of each ventilation officer.

Penalty: See regulation 17.1.

(4)The district inspector may by written directive exempt any mine from the requirements of this regulation if, in the district inspector’s opinion, the scale, scope and nature of mining operations at the mine do not warrant the appointment of a ventilation officer.

9.4.Qualifications of ventilation officer

(1)To be eligible for appointment as a ventilation officer for an underground mining operation, a person must hold — 

(a)a diploma or degree in which mine ventilation was a substantial component of the curriculum; or

(b)a qualification considered by the State mining engineer to be adequate for the mine.

(2)To be eligible for appointment as a ventilation officer for a surface mining operation, or as a technician assisting a ventilation officer, a person must — 

(a)be trained in the sampling and assessment of atmospheric contaminants; and

(b)demonstrate to the satisfaction of the manager or principal employer that the person is competent to perform the duties of that position.

9.5. Duties of ventilation officer — underground

A ventilation officer for an underground mining operation is responsible for — 

(a)regularly inspecting and testing workplaces, travelways, and locations where persons may travel in the mine to determine whether — 

(i)atmospheric contaminants in the mine are maintained at levels as low as can reasonably be achieved; and

(ii)the mine ventilation system is providing adequate ventilation flows through those areas;

and

(b)at 3 monthly intervals and after any substantial change to the primary ventilation circuits and volume flows, determining and recording the quantity and quality of ventilating air in the mine using correct procedures and using instruments and equipment suited to that purpose; and

(c)operating, calibrating and maintaining any metering or monitoring device used to determine the levels of emission of toxic or other atmospheric contaminants from any plant or equipment at the mine; and

(d)ensuring that all atmospheric contaminant sampling requested by an inspector is carried out and is recorded and reported accurately, within the time required and in the manner provided in this Part; and

(e)reading and recording the wet and dry bulb temperatures of all workplaces in the mine where it is suspected that temperatures or humid conditions may have potential for adverse effects on the safety and health of persons in those workplaces; and

(f)correctly selecting and positioning auxiliary fans, regulators and other controls, if required to ensure that the required volumes of air are provided in workplaces at the mine to satisfy the requirements of this Part; and

(g)having the pressure and volume readings of primary fans used in ventilating the mine taken and recorded at intervals not exceeding 3 months; and

(h)having ventilation plans of the mine updated at intervals not exceeding 3 months, and ensuring that the current ventilation and survey information is immediately available on special plans maintained for the use of rescue teams in the event of an underground emergency; and

(i)reporting promptly to the manager or the manager’s representative — 

(i)any defect or deficiency of which the ventilation officer is aware in the ventilation at the mine; and

(ii)any atmospheric contaminant level in a workplace at the mine that exceeds the exposure standard;

and

(j)entering in the ventilation log book all records required under this Part to be entered in that book, and ensuring that each complete entry is dated and signed; and

(k)providing technical advice and guidance to any technician employed to assist the ventilation officer.

[Regulation 9.5 amended: Gazette 19 Jan 1996 p. 237.]

9.6. Duties of ventilation officer — surface mining operations

A ventilation officer for a surface mining operation is responsible for — 

(a)regularly inspecting and testing workplaces, travelways, and locations where persons may travel at the mine to determine whether atmospheric contaminants at the mine are maintained at levels as low as can reasonably be achieved; and

(b)ensuring that any sampling of atmospheric contaminants requested by an inspector is carried out and recorded and reported accurately, within the time required and in the manner provided in this Part; and

(c)examining, and reporting on, the means and effectiveness of dust suppression or dust collection devices and systems at the mine; and

(d)operating, calibrating and maintaining any metering or monitoring device used to determine the levels of emission of toxic or other atmospheric contaminants from any plant or equipment at the mine; and

(e)reporting promptly to the manager or the manager’s representative — 

(i)any defect or deficiency of which the ventilation officer is aware in the ventilation system at the mine; and

(ii)any atmospheric contaminant level in a workplace at the mine that exceeds the exposure standard;

and

(f)entering in the ventilation log book all records required under this Part to be entered in that book, and ensuring that each complete entry is dated and signed.

9.7. Ventilation log book

The manager of a mine must cause to be kept at the mine a ventilation log book in which the information required by this Part must be recorded.

Penalty: See regulation 17.1.

9.8. Ventilation system defects to be rectified

The manager of a mine must ensure that any defect or deficiency in the ventilation system in the mine reported by a ventilation officer to the manager or the manager’s representative is rectified as soon as is practicable and the fact that it has been rectified is recorded in the ventilation log book.

Penalty: See regulation 17.1.

9.9. Abrasive blasting equipment

(1)Each responsible person at a mine must ensure that abrasive blasting equipment is not operated in or about a mine without appliances to control or suppress the emission of atmospheric contaminants.

Penalty: See regulation 17.1.

(2)Each responsible person at a mine must ensure that none of the following abrasive materials is used in abrasive blasting — 

(a)any material containing more than 5% (by weight) crystalline silica; or

(b)any material containing more than 1% (by weight) of any one of the following substances — 

(i)arsenic; or

(ii)beryllium; or

(iii)lead; or

(iv)cadmium; or

(v)nickel; or

(vi)antimony; or

(vii)cobalt; or

(viii)chromium; or

(ix)tin;

or

(c)any material containing any radioactive substance as defined in the Radiation Safety Act 1975; or

(d)in the case of dry abrasive blasting — 

(i)any recycled material that has not been treated to remove respirable dust; and

(ii)any other material likely to adversely affect the upper respiratory tract of a person.

Penalty: See regulation 17.1.

(3)Each responsible person at a mine must ensure that each person engaged in abrasive blasting at the mine is provided with — 

(a)an airline respirator of the hood or helmet type of a standard not less than that specified in AS/NZS 1716, fitted with an inner bib and a shoulder cape, jacket or protective suit; and

(b)skin and foot protection to the extent that such protection has not been provided under paragraph (a).

Penalty: See regulation 17.1.

[Regulation 9.9 amended: Gazette 11 Jan 2013 p. 53.]

9.10. Crushing and processing plant

The principal employer at, and the manager of, a mine must ensure that any crushing and processing plant at the mine, and any other plant or part of a plant at the mine where crushing, grinding, screening, conveying or any other processing operation takes place, is not operated without appliances to control, suppress or dilute the emission of atmospheric contaminants.

Penalty: See regulation 17.1.

9.11. Exposure standards

(1)Each responsible person at a mine must ensure that any atmospheric contaminants in workplaces at the mine are maintained at levels below the exposure standard for the atmospheric contaminant and as low as practicable.

Penalty: See regulation 17.1.

(2)The following standards apply for the purposes of paragraph (c) of the definition of exposure standard in regulation 9.1 —

(a)respirable dust — a TWA concentration of 3.0 milligrams per cubic metre of air;

(b)inhalable dust — a TWA concentration of 10.0 milligrams per cubic metre of air;

(c)diesel particulate matter — a TWA concentration of 0.1 milligrams per cubic metre of air (measured as sub‑micron elemental carbon).

(3)Each responsible person at a mine must ensure that in any workplace at the mine the atmosphere contains not less than 18% of oxygen by volume.

Penalty: See regulation 17.1.

[Regulation 9.11 amended: Gazette 4 Apr 2005 p. 1110; SL 2020/239 r. 5.]

9.12. Control of atmospheric contaminants

(1)The principal employer at, and the manager of, a mine must ensure that — 

(a)so far as is practicable, the level of atmospheric contaminants at a workplace in the mine is controlled by — 

(i)a suppression, ventilation or exhaust extraction system that effectively reduces, dilutes or extracts the contaminants; or

(ii)some other suitable means;

and

(b)if it is not practicable to comply with paragraph (a), suitable respiratory protective equipment of a standard not less than that specified in AS/NZS 1715 is provided to employees in the relevant workplace.

Penalty: See regulation 17.1.

(2)If a hazard exists in any workplace from the risk of exposure to toxic or asphyxiant substances in excess of the peak or STEL exposure standard, or explosive gases, the manager of the mine must ensure that — 

(a)all persons are withdrawn from the workplace; and

(b)a person is not permitted to work in the workplace until a suitable written risk assessment has been made.

Penalty: See regulation 17.1.

(3)Subregulation (2) does not apply to a person who is permitted to work in the workplace to remedy the situation or to rescue persons if the person is wearing suitable respiratory protective equipment that conforms with AS 1715.

(4)If the level of atmospheric contaminant in a workplace exceeds the peak or STEL exposure standard, the manager of the mine must — 

(a)remedy the situation so far as is practicable using process, engineering and other atmospheric control measures; and

(b)supply suitable respiratory equipment that conforms with AS 1715 whenever the peak or STEL exposure standard is likely to be exceeded; and

(c)inform relevant employees of the potential hazard to health and the measures to be taken to prevent or reduce the risk of exposure to the contaminant.

Penalty: See regulation 17.1.

[Regulation 9.12 amended: Gazette 11 Jan 2013 p. 53.]

9.13. Sampling of atmospheric contaminants

(1)A person who takes a sample of any atmospheric contaminant in a workplace must ensure that the sample — 

(a)is a representative sample when sampling for an atmospheric contaminant with an exposure standard expressed by reference to a TWA concentration; and

(b)is collected and analysed in accordance with — 

(i)in the case of inhalable dust, AS 3640; or

(ii)in the case of respirable dust, AS 2985; or

(iii)in the case of organic vapours, AS 2986; or

(iv)in the case of asbestos fibres, the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres; or

(v)in any other case, a method approved by the State mining engineer.

Penalty: See regulation 17.1.

(2)A person must not tamper with, or suffer or permit another person to tamper with, a sample taken of any atmospheric contaminant in a workplace.

Penalty: See regulation 17.1.

[Regulation 9.13 amended: Gazette 4 Apr 2005 p. 1110; 21 Jul 2009 p. 2926; SL 2020/239 r. 6.]

9.14. Air in underground workplaces

The manager of an underground mine must ensure that ventilating air provided for the mine is of sufficient volume, velocity and quality — 

(a)to remove atmospheric contaminants resulting from blasting and other mining operations in the time allowed for that purpose; and

(b)to maintain a healthy atmosphere in workplaces during working hours by reducing the level of atmospheric contaminants in the workplace to levels as low as are practicable.

Penalty: See regulation 17.1.

9.15. Air temperature

(1)Each responsible person at a mine must cause all necessary measures and precautions to be taken to ensure that employees at the mine do not suffer harm to their health from the adverse effects of extremes of heat or cold.

Penalty: See regulation 17.1.

(2)If conditions in any workplace are, or are likely to be, hot and humid, each responsible person at the mine must ensure that — 

(a)all employees are provided with training on measures to be taken to avoid any harmful effects from those conditions; and

(b)appropriate workplace environmental controls (including ventilation) and monitoring are implemented; and

(c)if appropriate, a program for monitoring the health of employees in the workplace is implemented.

Penalty: See regulation 17.1.

(3)In any workplace in an underground mine, and in any tunnel under a surge stockpile on the surface of a mine, the manager of the mine must ensure that — 

(a)if the wet bulb temperature exceeds 25°C, an air velocity of not less than 0.5 metres per second is provided; and

(b)any appropriate action referred to in subregulation (2) is implemented.

Penalty: See regulation 17.1.

9.16. Air sources

(1)The manager of a mine must ensure that the supply of air for any ventilating equipment used underground in the mine is obtained from the purest source available.

Penalty: See regulation 17.1.

(2)The manager of a mine must ensure that — 

(a)recirculation of air within any secondary ventilation circuit is maintained at the absolute minimum level that is practicable; and

(b)contaminated return air from any secondary ventilation circuit is, if practicable, exhausted directly to the primary return air exhaust system or, if that is not practicable, contamination of the primary intake air flow to work places which are downstream of any secondary ventilation circuit is minimized by directing the return air from that secondary circuit by the most immediate route to the primary return air exhaust system.

Penalty: See regulation 17.1.

(3)The manager of a mine must ensure that, in any workplace in an underground coal mine, each working panel is ventilated by a separate intake air stream.

Penalty: See regulation 17.1.

9.17. Suppression of dust — drilling operations

(1)The manager of an underground mine must ensure that wet drilling is used so far as is practicable in the mine.

Penalty: See regulation 17.1.

(2)If it is necessary for dry drilling to be carried out in a mine (whether underground or on the surface), each responsible person at the mine must ensure that the drilling machine used is fitted with an effective device that — 

(a)collects and contains the dust produced by drilling; or

(b)discharges that dust through ducting to a position where it will not be breathed by any person or where it will be effectively suppressed or contained.

Penalty: See regulation 17.1.

9.18. Water used to suppress dust must not be polluted

Each responsible person at a mine must ensure that any water used at the mine for the purpose of suppressing dust has not been polluted by any noxious substance.

Penalty: See regulation 17.1.

9.19. Use of dust collection and dust suppression appliances

(1)If dust collection or dust suppression appliances are provided at a mine, each responsible person at the mine must ensure that the appliances are — 

(a)fitted and operated in accordance with the manufacturer’s or supplier’s specifications; and

(b)maintained in efficient operating condition.

Penalty: See regulation 17.1.

(2)An employee at a mine who is engaged in any operation in which dust is produced must use any dust collection or dust suppression appliances provided at the mine for collecting or suppressing the dust.

Penalty: See regulation 17.1.

9.20. Ventilating fans and equipment

(1)If any fan or other ventilation device at a mine breaks down, the manager of the mine must ensure that such action is immediately taken as is necessary to ensure the safety and health of all persons affected by the breakdown.

Penalty: See regulation 17.1.

(2)The manager of an underground mine must ensure that, if diesel units are used at the mine, each fan and other ventilation device at the mine is selected, installed, operated and maintained so that — 

(a)the air volume circulating in the mine is in accordance with this Part and Part 10, Division 4; and

(b)the fan or other ventilation device is sufficient to maintain workplace atmospheric conditions in accordance with this Part and Part 10, Division 4.

Penalty: See regulation 17.1.

(3)The manager of an underground mine must ensure that any installations provided for the regulation and control of air flows in the mine are kept free from obstruction and are maintained in good order.

Penalty: See regulation 17.1.

(4)The manager of an underground mine must ensure that each air door in the mine — 

(a)is, so far as is practicable, self‑closing; and

(b)has a sign stating “Keep Open” or “Keep Shut” (as the case requires) attached to it.

Penalty: See regulation 17.1.

(5)The manager of an underground mine must ensure that if access to the mine is required through a ventilation door or other door in the mine, a means is provided to allow persons to gain safe access through that door without undue exertion.

Penalty: See regulation 17.1.

[Regulation 9.20 amended: Gazette 19 Jan 1996 p. 237.]

9.21. Control of air distribution underground

(1)If brattices or regulators are used as ventilating equipment to control the volume of air circulating within a mine, a person must not adjust, close or remove the brattices or regulators unless the person has been instructed by the ventilation officer, or by the manager or the manager’s representative, to do so.

Penalty: See regulation 17.1.

(2)A person who gives an instruction referred to in subregulation (1) must as soon as is practicable cause a record of the instruction to be entered in the ventilation log book.

Penalty: See regulation 17.1.

(3)The manager of a mine must ensure that — 

(a)airways in the mine are maintained free from obstruction except for control purposes; and

(b)at each fan installation at the mine, the flow of air on either side of the fan is not obstructed or restricted to the extent that the required quantity of air from the fan cannot be delivered to the workplace; and

(c)each fan installed on the surface for the purpose of ventilating any underground workplace is not allowed to recirculate.

Penalty: See regulation 17.1.

9.22. Fumes from blasting

(1)If blasting is carried out in any development heading or any workplace in a mine which is not situated in a through airway, the manager of the mine must ensure that an adequate secondary ventilation system is provided and used to remove the blasting fumes from that heading or workplace.

Penalty: See regulation 17.1.

(2)A person who uses a compressed air pipe or hose to blow out blasting fumes from any development heading or stope heading in a mine must ensure that the discharge end of the pipe or hose is secured in such a manner as to blow the compressed air on the face of that heading.

Penalty: See regulation 17.1.

(3)A person must use an independent air pipe or hose to remove blasting fumes and dust from a shaft, winze or rise in a mine and must ensure that the final valve controlling the air is situated in an adequately ventilated area.

Penalty: See regulation 17.1.

(4)The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — 

(a)toxic gases arising from the blasting have not been effectively dispersed; or

(b)the oxygen level may be depleted to a hazardous extent.

Penalty: See regulation 17.1.

(5)A person must not enter any area in a mine after blasting has taken place in or near that area unless the person has checked that fumes resulting from the blast have been effectively dispersed and the atmosphere is safe to breathe.

Penalty: See regulation 17.1.

9.23. Wetting down after blasting

A person must not carry out any work in a place in an underground mine following a blasting operation in that place unless the back, face, walls and broken rock in the place have been thoroughly wetted down and made safe.

Penalty: See regulation 17.1.

9.24. Compressed air underground

Each responsible person at a mine must ensure that — 

(a)air compressors at the mine draw their intake air from the purest source available; and

(b)air compressors at the mine are maintained in good mechanical condition to prevent contamination of compressed air; and

(c)compressed air mains at the mine are fitted with sufficient traps to remove any accumulated oil and water and any receivers and water traps are drained at regular intervals unless they are fitted with automatic draining systems; and

(d)air compressors used underground at the mine are fitted with a heat sensor in the discharge port which will initiate an alarm and then shut down at 150°C; and

(e)diesel engined air compressors used underground at the mine are liquid cooled.

Penalty: See regulation 17.1.

9.25. Air conditioning and refrigeration

(1)Each responsible person at a mine must ensure that air conditioners for any workplace are fitted with appropriate filters, and that those filters are cleaned of dust or other contaminants at such intervals as are required by operating conditions.

Penalty: See regulation 17.1.

(2)Each responsible person at a mine must ensure that if cooling towers, evaporative condensers, warm water systems or other plant or devices that may promote the growth of micro‑organisms are used, or proposed to be used, at the mine, precautions are taken in accordance with AS/NZS 3666 to prevent the growth of such organisms.

Penalty: See regulation 17.1.

(3)Each responsible person at a mine must ensure that if any refrigeration plant at the mine exceeds 100 kW(R), monitoring devices are installed to detect refrigerant leakage, and procedures to deal with any such leakage are developed and followed.

Penalty: See regulation 17.1.

[Regulation 9.25 amended: Gazette 11 Jan 2013 p. 53.]

9.26. Tailings filled stopes — atmospheric contaminants

The manager of a mine must ensure that, if tailings which may contain residual amounts of chemicals or reagents are used for filling stopes or voids underground at the mine, the following precautions are taken — 

(a)regular testing of the underground atmosphere in the area of current fill placement is undertaken to check contaminant levels; and

(b)if contaminants are detected, measures are taken to prevent employees from being exposed to risk from the contaminants.

Penalty: See regulation 17.1.

9.27. Ventilation system may be cut off in disused areas

(1)The manager of an underground mine may shut off the ventilation system in any area of the mine if mining operations in the area have ceased (whether temporarily or permanently).

(2)This Part does not apply to an area in which the ventilation system has been shut off as provided in subregulation (1).

(3)If the ventilation system is shut off in an area as provided in subregulation (1), the manager of the mine must ensure that — 

(a)a record of that fact is made in the record book as soon as is practicable after the ventilation system is shut off; and

(b)each entrance to the area is securely fenced or barricaded across the whole width of the entrance to prevent inadvertent access to the area; and

(c)a notice forbidding entry to the area is displayed at each entrance to the area; and

(d)work is not resumed in the area until ventilation has been restored to the area and the adequacy of that ventilation has been checked by a competent person.

Penalty: See regulation 17.1.

(4)A person must not enter any area of an underground mine to which the ventilation system has been shut off as provided in this regulation unless the person has been authorised by the manager to do so.

Penalty: See regulation 17.1.

(5)The manager of a mine must not give any authorisation referred to in subregulation (4) unless the manager is satisfied that adequate precautions have been taken to ensure the safety of the person.

9.28. Ventilation plans for underground mines

(1)The manager of an underground mine must ensure that a plan of the ventilation system at the mine is kept at the mine that shows the direction, course and volume of air currents, and the position of all air doors, stoppings, fans, regulators and ventilating devices, in the mine.

Penalty: See regulation 17.1.

(2)The manager of a mine must provide a copy of the plan referred to in subregulation (1) to an inspector as soon as is practicable after being requested to do so by the inspector.

Penalty: See regulation 17.1.

9.29.Monitoring of toxic, asphyxiant and explosive gases

(1)Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine.

Penalty: See regulation 17.1.

(2)If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases.

Penalty: See regulation 17.1.

(3)The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane.

Penalty: See regulation 17.1.

(4)If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached.

(5)If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — 

(a)the meaning of the warnings given by the device; and

(b)what action is required to be taken in the event of any such warning being given by the device.

Penalty: See regulation 17.1.

9.30. Protection of employees from chemical fumes

Each responsible person at a mine must ensure that all vessels used for chemical treatment of minerals or mineral substances at the mine are fitted with hoods or other appliances to prevent harmful fumes, mists or vapours from entering the air breathed by employees.

Penalty: See regulation 17.1.

9.31. Smoking prohibited in certain workplaces

A person must not smoke in any of the following places — 

(a)an enclosed workplace; or

(b)a workplace where — 

(i)the air contains asbestos; or

(ii)solvents are used; or

(iii)flammable vapours are present;

or

(c)a package depot or above ground bulk depot; or

(d)a conveyance in a shaft; or

(e)a refuge chamber during an emergency; or

(f)the underground workings of a coal mine.

Penalty: See regulation 17.1.

9.32. Removal of asbestos

Each responsible person at a mine must ensure that if any asbestos removal work is carried out at the mine — 

(a)the work is carried out in accordance with the procedures specified in the “Code of Practice for the Safe Removal of Asbestos” 2nd Edition [NOHSC:2002 (2005)] declared by the NOHSC and published in April 2005; and

(b)the district inspector is notified in writing before the work commences.

Penalty: See regulation 17.1.

[Regulation 9.32 amended: Gazette 21 Jul 2009 p. 2926.]

9.32A.Asbestos not to be used

(1)Subject to subregulations (2) to (11) the principal employer and each employer at a mine must ensure that asbestos is not used at the mine.

(2)Subregulation (1) does not apply in relation to the use of asbestos if —

(a)the use that is made of the asbestos is the same as it was immediately before 13 February 2004; and

(b)the asbestos has not been moved since that time.

(3)Subregulation (1) does not apply in relation to the use of asbestos in a vehicle or other plant if —

(a)the use that is made of the asbestos in the vehicle or plant is the same as it was immediately before 13 February 2004; and

(b)the asbestos has not been moved from its location within the vehicle or plant since that time.

(4)Subregulation (1) does not apply in relation to the use of asbestos —

(a)for systematic investigations for the primary purpose of adding to general knowledge, including the carrying out of an experiment; or

(b)for the display in a museum or educational display of any thing manufactured in whole or in part from chrysotile (white asbestos), including work necessary to prepare and maintain the display.

(5)Subregulation (1) does not apply in relation to the storage of —

(a)a compressed asbestos fibre gasket consisting of or containing chrysotile for use in a plant in contact with saturated steam, superheated steam or dangerous goods; or

(b)a diaphragm consisting of or containing chrysotile for use in an electrolyte cell in an electrolysis plant for chlor‑alkali manufacture; or

(c)a split face seal of at least 150 mm in diameter, consisting of or containing a mixture of chrysotile and a phenol formaldehyde resin or a cresylic formaldehyde resin; or

(d)a vane for a rotary vacuum pump or a rotary compressor consisting of or containing a mixture of chrysotile and a phenol formaldehyde resin or a cresylic formaldehyde resin; or

(e)a thing the subject of an exemption under Schedule 1B of the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 of the Commonwealth,

or to work necessary to make ready one of those things for use after such storage.

(6)Subregulation (1) does not apply —

(a)before 1 January 2005, in relation to the use of a compressed asbestos fibre gasket consisting of or containing chrysotile that is used as a gasket in plant in a process where it comes into contact with saturated steam, superheated steam or dangerous goods; or

(b)on and from 1 January 2005, in relation to the use of the gasket if —

(i)the use of the gasket and the asbestos in the gasket are the same as they were immediately before 1 January 2005; and

(ii)the gasket has not been moved from its location within the plant since immediately before 1 January 2005.

(7)Subregulation (1) does not apply —

(a)before 1 January 2007, in relation to the use of a compressed asbestos fibre gasket consisting of or containing chrysotile that is used as a gasket in a plant in liquid chlorine service; or

(b)on and from 1 January 2007, in relation to the use of the gasket if —

(i)the use of the gasket and the asbestos in the gasket are the same as they were immediately before 1 January 2007; and

(ii)the gasket has not been moved from its location within the plant since immediately before 1 January 2007.

(8)Subregulation (1) does not apply —

(a)before 1 January 2007, in relation to the use of a diaphragm consisting of or containing chrysotile that is used as a diaphragm in an electrolyte cell in an electrolysis plant for chlor‑alkali manufacture that existed immediately before 13 February 2004; or

(b)on and from 1 January 2007, in relation to the use of the diaphragm if —

(i)the use of the diaphragm and the asbestos in the diaphragm are the same as they were immediately before 1 January 2007; and

(ii)the diaphragm has not been moved from its location within the plant since immediately before 1 January 2007.

(9)Subregulation (1) does not apply —

(a)before 1 January 2008, in relation to the use of a split face seal of at least 150 mm in diameter, consisting of or containing a mixture of chrysotile and a phenol formaldehyde resin or a cresylic formaldehyde resin, that is used as a seal to prevent leakage of water from a cooling water pump in a fossil fuel powered electricity generating station; or

(b)on and from 1 January 2008, in relation to the use of the seal if —

(i)the use of the seal and the asbestos in the seal are the same as they were immediately before 1 January 2008; and

(ii)the seal has not been moved from its location within the pump since immediately before 1 January 2008.

(10)Subregulation (1) does not apply —

(a)before 1 January 2008, in relation to the use of a vane consisting of or containing a mixture of chrysotile and a phenol formaldehyde resin or a cresylic formaldehyde resin that is used as a vane for a rotary vacuum pump or a rotary compressor; or

(b)on and from 1 January 2008, in relation to the use of the vane if —

(i)the use of the vane and the asbestos in the vane are the same as they were immediately before 1 January 2008; and

(ii)the vane has not been moved from its location within the pump or compressor since immediately before 1 January 2008.

(11)Subregulation (1) does not apply —

(a)before 1 January 2008, in relation to the use in plant of a thing consisting of or containing chrysotile that is the subject of an exemption under Schedule 1B of the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 of the Commonwealth; or

(b)on and from 1 January 2008, in relation to the use of the thing if —

(i)the use of the thing and the asbestos in the thing are the same as they were immediately before 1 January 2008; and

(ii)the thing has not been moved from its location within the plant since immediately before 1 January 2008.

(12)In this regulation —

use includes cleaning, maintaining, processing, producing and treating, but does not include removal and disposal of asbestos from the mine.

[Regulation 9.32A inserted: Gazette 13 Feb 2004 p. 541‑5; amended: Gazette 7 Jan 2005 p. 73; 29 Feb 2008 p. 691.]

9.33. Control of contaminant asbestos

(1)If any contaminant asbestos occurs at a mine, the manager of the mine must ensure that — 

(a)such action is taken as is necessary to protect the health of employees at the mine from the effects of the asbestos; and

(b)the district inspector is notified in writing of that occurrence.

Penalty: See regulation 17.1.

(2)If in the course of any mining operation at a mine it is necessary to assess exposure to airborne asbestos fibres, the manager of the mine must ensure that the assessment is carried out using the method specified in the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres.

Penalty: See regulation 17.1.

(3)For the purposes of subregulation (2), a countable fibre is taken to be defined in the document referred to in that subregulation as any object having a maximum width of 1 micrometre or less and a length exceeding 5 micrometres.

[Regulation 9.33 amended: Gazette 21 Jul 2009 p. 2926.]

9.34. Electric vehicles underground

Each responsible person at a mine must ensure that a minimum air velocity of 0.25 metres per second is maintained in all underground areas in the mine where vehicles or locomotives powered by electricity are used.

Penalty: See regulation 17.1.

9.35. Preparation of dust plan for underground coal mine

(1)The manager of an underground coal mine must ensure that a plan that complies with subregulation (2) for the monitoring and control of coal dust in the mine is prepared — 

(a)before mining operations are commenced at the mine; and

(b)before mining operations are recommenced at the mine after their suspension.

Penalty: See regulation 17.1.

(2)The plan must — 

(a)consider means by which coal dust may be prevented, suppressed and collected; and

(b)provide for the analysis of each coal seam being worked to determine its volatile matter; and

(c)provide for the periodic application of incombustible dust (stone dust) to the roof, floor and sides of all ventilated roadways to reduce the volatile matter content to a level agreed with the State coal mining engineer; and

(d)provide for the systematic taking of dust samples from all ventilated roadways at specified intervals and using a specified method of collection; and

(e)provide for the analysis by a specified method of any samples taken and for the volatile matter content determined after such an analysis to be reported to the inspector.

(3)The manager of an underground coal mine must ensure that as soon as is practicable after a plan is prepared under subregulation (1) a copy of the plan is submitted to the State coal mining engineer.

Penalty: See regulation 17.1.

(4)If in the State coal mining engineer’s opinion a plan is inadequate in any respect, the State coal mining engineer may direct that the plan be revised in a specified way and resubmitted to the State coal mining engineer.

(5)A direction may be given under subregulation (4) as often as the State coal mining engineer thinks necessary.

(6)The manager of an underground coal mine must ensure that a direction given under subregulation (4) is complied with as soon as is practicable.

Penalty: See regulation 17.1.

9.36. Barriers in underground coal mines

(1)The State coal mining engineer may require stone dust barriers or water barriers of a specified standard to be installed in the coal production section of any underground coal mine in some or all of the roadways leading from the face.

(2)The manager of an underground coal mine must ensure that stone dust barriers or water barriers are installed in accordance with any requirement made by the State coal mining engineer under subregulation (1).

Penalty: See regulation 17.1.

9.37. Stone dust quality in underground coal mines

The principal employer at, and the manager of, an underground coal mine must ensure that any incombustible dust (stone dust) applied to underground roadways in the mine is of such fineness and mineral content as to comply with the best current industry standards.

Penalty: See regulation 17.1.

Part 10 — Specific requirements for underground mines

Division 1 — Application

10.1. Application of Part

This Part applies only to and in relation to underground mining operations.

Division 2 — General

10.2. Term used: flame safety lamp plan

In this Division — 

flame safety lamp plan, in relation to an underground coal mine, means the plan prepared for that mine under regulation 10.7.

10.3. Underground workers must read and speak the English language

Each responsible person at an underground mine must ensure that a person does not work underground in the mine unless the person is able — 

(a)to speak the English language readily and intelligibly; and

(b)to read and comprehend safety signs and directions in the English language (whether written or printed); and

(c)to understand verbal instructions in the English language.

Penalty: See regulation 17.1.

10.4. Persons under 18 years of age not to be employed underground

(1)Except as provided in subregulation (2), each responsible person at an underground mine must ensure that a person under 18 years of age does not work underground in the mine.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not apply to or in relation to an apprentice who is working underground in order to gain required experience in the course of training for a profession or trade.

[Regulation 10.4 amended: Gazette 21 Aug 2009 p. 3270.]

10.5. Persons working alone

(1)If an employee is working alone underground in an underground mine and is not in frequent communication with or within easy hearing of other employees, the manager of the mine must ensure that the employee is inspected, visited or communicated with, at least every 2 hours.

Penalty: See regulation 17.1.

(2)The manager of an underground mine must ensure that if hazardous conditions exist underground at any workplace in the mine — 

(a)no employee works alone in that workplace; and

(b)any employee working in a team in that workplace is at all times within sight of another employee.

Penalty: See regulation 17.1.

10.6. Lamps for persons underground

(1)The manager of an underground mine must ensure that any battery operated electric lamp for use underground in the mine contains at least 2 sources of light, in that it must be fitted with 2 independent globes or with one globe containing 2 independent lighting filaments.

Penalty: See regulation 17.1.

(2)The manager of an underground mine must ensure that any persons travelling or working underground in the mine are provided with battery operated cap lamps that are of an appropriate standard and have a sufficient capacity, with an adequate reserve, for the duration of that shift.

Penalty: See regulation 17.1.

(3)The manager of an underground mine must ensure that — 

(a)adequate procedures and facilities are established at the mine for the maintenance of cap lamps; and

(b)an adequate system is in place at the mine for the issue of cap lamps.

Penalty: See regulation 17.1.

(4)A person must not travel or work underground in an underground mine unless the person is wearing a cap lamp that is in good working condition.

Penalty: See regulation 17.1.

(5)Subregulation (4) does not apply while a person — 

(a)is working in a fully illuminated workshop, control room or similar installation; or

(b)is in an underground crib room; or

(c)is operating a vehicle or any other mobile equipment; or

(d)is doing any other work which the manager has directed in writing does not require the wearing of a cap lamp.

10.7. Preparation of flame safety lamp plan for underground coal mines

(1)The manager of an underground coal mine must ensure that a plan for the safe use of flame safety lamps at the mine is prepared before mining operations commence at the mine.

Penalty: See regulation 17.1.

(2)The plan referred to in subregulation (1) must set out means by which hazards associated with flame safety lamps may be reduced including the following — 

(a)procedures for the maintenance of flame safety lamps; and

(b)provision for the issue of flame safety lamps with and without a re‑lighting device; and

(c)a standard procedure for the use of flame safety lamps.

(3)The manager of an underground coal mine must ensure that as soon as is practicable after a plan is prepared under subregulation (1), a copy of the plan is submitted to the State coal mining engineer.

Penalty: See regulation 17.1.

(4)If in the State coal mining engineer’s opinion a plan is inadequate in any respect, the State coal mining engineer may direct that the plan be revised in a specified way and resubmitted to the State coal mining engineer.

(5)A direction may be given under subregulation (4) as often as the State coal mining engineer thinks necessary.

(6)The manager of an underground coal mine must ensure that a direction given under subregulation (4) is complied with as soon as is practicable.

Penalty: See regulation 17.1.

10.8. Naked flames prohibited in underground coal mines

(1)A person must not cause or permit a naked flame to burn underground in an underground coal mine.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not apply to a naked flame in a flame safety lamp.

10.9. Possession of matches and lighters prohibited in underground coal mines

A person must not in an underground coal mine have in the person’s possession any match or cigarette lighter.

Penalty: See regulation 17.1.

10.10. Means of entry and exit

(1)In each underground mine where a shaft has been sunk or an adit driven, the manager of the mine must ensure that provision is made for a means of escape (in this regulation called an escape route) from the mine workings in addition to the hoisting shaft or the opening normally used as a means of entry or exit to the mine.

Penalty: See regulation 17.1.

(2)The manager of an underground mine must ensure that an escape route at the mine — 

(a)is maintained in a safe condition; and

(b)is adequately marked or signposted having regard to the potential for reduced visibility in an emergency.

Penalty: See regulation 17.1.

(3)During the time when a shaft or other single development opening is the only means of entry or exit into mine workings, the manager of the underground mine must ensure that work on an escape route is carried out diligently and concurrently with the general development of the mine, in order that the escape route will be completed before production from stoping operations commences.

Penalty: See regulation 17.1.

(4)If — 

(a)an escape route in an underground mine involves travelling through an adjacent mine; and

(b)the adjacent mine is separately owned or managed,

the manager of the first‑mentioned mine must ensure that appropriate written arrangements have been made with the manager of the adjacent mine for the use of the escape route.

Penalty: See regulation 17.1.

(5)The manager of the first‑mentioned mine referred to in subregulation (4) must provide the senior inspector with a copy of any arrangement referred to in that subregulation as soon as is practicable after the arrangement is made.

Penalty: See regulation 17.1.

10.11.Stope to have 2 travelling ways

(1)Except in relation to initial stope preparation or leading stopes, the manager of an underground mine must ensure that, so far as is practicable, 2 separate travelling ways are provided into all working stopes underground.

Penalty: See regulation 17.1.

(2)If the manager of an underground mine considers that it is not practicable to provide a second exit, the manager must notify the district inspector accordingly.

Penalty: See regulation 17.1.

(3)The district inspector must notify the State mining engineer that the manager of the underground mine considers that it is not practicable to provide a second exit and the State mining engineer may direct the manager to take specified alternative precautions to minimize any risk to persons working in the stope of exposure to potential hazards and, if any such direction is given, must specify the reasons for those precautions.

(4)The manager of an underground mine must ensure that any direction given by the State mining engineer under subregulation (3) is complied with as soon as is practicable after it is given.

Penalty: See regulation 17.1.

10.12. Workers to be withdrawn if danger exists

(1)If, in the opinion of the person for the time being in charge of an underground mine, any part of the mine is dangerous from any cause the person must — 

(a)have every person withdrawn immediately from that part; and

(b)as soon as is practicable report the matter to the underground manager or manager, who must record the withdrawal and the reason for it in the record book.

Penalty: See regulation 17.1.

(2)A person to whom a matter is reported under subregulation (1)(b) must ensure that as soon as is practicable after the report is made — 

(a)the part of the mine considered to be dangerous is inspected by the underground manager or by another competent person; and

(b)a true report on the condition of that part of the mine is made to the person by the underground manager or other person carrying out the inspection.

Penalty: See regulation 17.1.

(3)The underground manager of a mine must ensure that a person does not enter the part of the mine considered to be dangerous except, with the authorisation of the underground manager, for the purpose of rectifying the dangerous conditions.

Penalty: See regulation 17.1.

(4)The underground manager of a mine must ensure that if a person enters the part of the mine considered to be dangerous as provided in subregulation (3), the person — 

(a)has taken adequate safety precautions; and

(b)is adequately controlled and supervised if necessary.

Penalty: See regulation 17.1.

(5)Subregulation (3) does not apply to an inspection referred to in subregulation (2)(a).

(6)The underground manager of an underground mine must ensure that a person does not enter the part of the mine considered to be dangerous for the purpose of resuming normal mining operations until the underground manager — 

(a)is satisfied that the danger no longer exists; and

(b)has recorded that opinion in the record book.

Penalty: See regulation 17.1.

10.13. Excavations to be kept safe

The underground manager of an underground mine must ensure that each underground excavation in the mine in which persons work or travel is scaled and maintained in a safe condition.

Penalty: See regulation 17.1.

10.14. Lights in working levels etc.

(1)The manager of an underground mine must ensure that suitable permanent or fixed installation lighting is provided at each of the following locations in the mine — 

(a)main shaft plats, active shaft landings and loading stations; and

(b)workshops and service areas where moving machinery or equipment could be a hazard; and

(c)fixed machinery installations such as pump stations, crushing stations, primary or circuit fans, electrical switch rooms and sub‑stations; and

(d)accessways to main magazines; and

(e)crib rooms and first aid stations; and

(f)major tips and loading points for rail and trackless haulage; and

(g)conveyor galleries and transfer stations; and

(h)any installation, travelway or workplace where a cap lamp does not provide sufficient illumination; and

(i)any other facility where lack of illumination could create a hazard.

Penalty: See regulation 17.1.

(2)The manager of an underground mine must ensure that any haulage area under repair and any temporary obstruction in the mine is delineated with flicker lights or with reflective barriers or signs placed to be visible at a safe stopping distance for any equipment being used.

Penalty: See regulation 17.1.

(3)The manager of an underground mine must ensure that effective auxiliary lighting is provided in any place where persons have to assess ground conditions in the mine at a distance greater than the effective range of a cap lamp.

Penalty: See regulation 17.1.

(4)The manager of an underground mine must ensure that an adequate standard of lighting is provided for overhead drilling into high backs and walls in the mine.

Penalty: See regulation 17.1.

10.15. Communication — surface to underground

(1)The manager of an underground mine must ensure that, unless exempted in writing by the district inspector, a direct form of electronic communication is provided in the mine between the surface and convenient places underground in that mine.

Penalty: See regulation 17.1.

(2)The district inspector may direct that a telephone or other form of electronic communication must be installed in a particular place in an underground mine.

(3)The manager of an underground mine must ensure that a direction given under subregulation (2) is complied with as soon as is practicable.

Penalty: See regulation 17.1.

10.16. Levels to have safe entry

The manager and underground manager of, and any other person for the time being in charge of, an underground mine must ensure that provision is made at all working levels for the safe entry and exit of persons entering or leaving a cage, skip, kibble or ladderway in the mine.

Penalty: See regulation 17.1.

10.17. Shaft entrances to be fenced

(1)The manager of an underground mine must ensure that the top and each level entrance to a shaft in the mine is kept securely fenced or protected by a gate.

Penalty: See regulation 17.1.

(2)Subregulation (1) does not prevent the temporary removal of a fence or gate for the purposes of repairs or other operations if other proper precautions are taken to protect the entrance to the shaft.

10.18. Approaching dangerous water

(1)The underground manager of an underground mine must ensure that, in each development opening, stope or other working in the mine approaching a place likely to contain a dangerous accumulation of water, water cover holes are drilled in advance of the face in accordance with this regulation.

Penalty: See regulation 17.1.

(2)The underground manager must determine the number, pattern and length of the water cover holes based on the geological and stratigraphic information available to the underground manager.

(3)The system of water cover holes must include measures to control the pressures and volume of water likely to be intersected.

(4)If any development heading, stope or other working in an underground mine is being advanced towards any working or natural opening that contains or may contain a dangerous accumulation of water or sludge, the underground manager of the mine must ensure that — 

(a)work is stopped at a safe distance from that working or opening, having regard to the size and geometry of the respective openings and the ground conditions; and

(b)work does not recommence until the accumulated water or sludge has been pumped or drained away.

Penalty: See regulation 17.1.

10.19.Dams and plugs

(1)If any open dam is built in any workings in an underground mine or any plug is constructed to restrict or close off water flow in an underground mine, the manager of the mine must ensure that — 

(a)competent engineering and geomechanical advice is obtained concerning the building or construction of the dam or plug; and

(b)the building or construction of the dam or plug is carried out to a standard that ensures adequate safety.

Penalty: See regulation 17.1.

(2)The manager of an underground mine must — 

(a)advise the district inspector in writing before any building or construction referred to in subregulation (1) commences at the mine; and

(b)provide written confirmation to the district inspector that the building or construction has been carried out in accordance with subregulation (1) as soon as is practicable after it has been completed.

Penalty: See regulation 17.1.

10.20.Winze sinking operations

(1)The manager of an underground mine must ensure that, so far as is practicable, each winze sunk at the mine is clear of a travelling way.

Penalty: See regulation 17.1.

(2)The manager of an underground mine must ensure that the brace of each winze at the mine is constructed in a way that will prevent loose rock or material from accidentally falling down the winze.

Penalty: See regulation 17.1.

(3)The manager of an underground mine must ensure that a signalling system is installed in a winze if depth, ambient noise or other factors in the winze make verbal communication difficult or ineffective.

Penalty: See regulation 17.1.

(4)The manager of an underground mine must ensure that if hoisting appliances are utilized in a winze at the mine, a knocker line or other contrivance approved by the district inspector is provided in the winze to enable signals to be communicated to the driver from each part of the winze.

Penalty: See regulation 17.1.

(5)The manager of an underground mine must ensure that a secure ladderway fastened to bearers at intervals of not greater than 5 m is installed in a winze in the course of construction to ensure a safe means of exit from the bottom of the winze.

Penalty: See regulation 17.1.

(6)Notwithstanding subregulation (5) a chain ladder or temporary steel ladder may be used to provide access to the bottom of a winze in advance of the installed ladderway but only for a distance not greater than 2 bearer intervals.

(7)A person must not raise or lower any tool in a winze or other confined place in which persons are working in an underground mine, except in a bucket or other approved receptacle, and any projecting tool must be secured so as to prevent it falling out of the bucket or receptacle.

Penalty: See regulation 17.1.

(8)The manager of an underground mine must ensure that, at the beginning of each shift and after each blast, the walls of a winze in the mine are inspected for loose rock and scaled if necessary.

Penalty: See regulation 17.1.

10.21. Rise operations

(1)The manager of an underground mine must ensure that, before any method of rising new to that mine involving drill and blast and entry to the rise is undertaken at the mine, the method to be used and the type of equipment to be used are approved by the senior inspector.

Penalty: See regulation 17.1.

(2)The manager of an underground mine must ensure that, in each rise under construction at the mine where normal travel to and from the face is by mechanical means — 

(a)an alternative means of travel to and from the face is provided for the purpose of inspecting the rise and in case of any accident; and

(b)each person working at the face of the rise is provided with a signalling device or procedure or other suitable means of communication to the level below, except in the case of a bore hole cage rise when the person must be provided with suitable means of communicating with the level above.

Penalty: See regulation 17.1.

10.22. Travelling ways in shafts

The manager of an underground mine must ensure that if one compartment of a shaft at the mine is used for the ascent and descent of persons by ladders and another compartment of the same shaft is used for raising persons, materials or counterweights, the ladderway compartment is close timbered or otherwise securely sealed from the other compartment.

Penalty: See regulation 17.1.

10.23. Travelling ways to be made safe

If the natural rock walls of a winze or shaft used for travelling at an underground mine are not safe, the manager of the mine must ensure that the walls are securely timbered, lined, or otherwise made safe.

Penalty: See regulation 17.1.

10.24. Travelling ways to have safety nooks

(1)The manager of an underground mine must ensure that pedestrian safety nooks of adequate size are provided at intervals of not more than 100 m in — 

(a)all haulage drifts in the mine along which trackless mining equipment operates; and

(b)in rail haulages in the mine if sufficient clearance has not been provided for the safety of persons walking or working along the drift.

Penalty: See regulation 17.1.

(2)The manager of an underground mine must ensure that each safety nook at the mine is kept clear.

Penalty: See regulation 17.1.

(3)A person must not place anything so as to prevent safe access to a safety nook in an underground mine.

Penalty: See regulation 17.1.

10.25. Ladderways and footways

(1)The manager of an underground mine must ensure that in each underground workplace in the mine a proper ladderway or footway or other means of travel is provided that enables safe entry and exit.

Penalty: See regulation 17.1.

(2)The manager of an underground mine must ensure that if any rise or winze is driven at the mine and the rise or winze is to be used as an accessway or travelway to a workplace or to another horizon in the workings, a ladderway that is properly constructed and safe is installed in the rise or winze.

Penalty: See regulation 17.1.

(3)The manager of an underground mine must ensure that if a ladderway at the mine may be used as a means of providing access for mine rescue, the opening of the ladderway is wide enough to be used for that purpose.

Penalty: See regulation 17.1.

10.26. Ladderway in shafts

The manager of an underground mine must ensure that each ladder in the mine that is constructed and fixed in a shaft for the ascent and descent of persons working in the mine — 

(a)is inclined at the most convenient angle which the space allows; and

(b)has substantial platforms at intervals of not more than 10 m and spaces for foothold of not less than 150 mm from the wall; and

(c)projects at least 600 mm above the platform or, if that is not practicable, has hand grips provided at the top of each ladder; and

(d)is maintained in a safe condition.

Penalty: See regulation 17.1.

10.27. Procedures when workings are approaching each other

(1)If development headings or stoping operations in an underground mine are being advanced so that they may intersect any existing development opening, stope void, filled stope, old workings or any open cut workings, the manager of the mine must ensure that the precautions referred to in subregulation (2) and any other necessary precautions are taken to ensure the safety of persons in the workings involved.

Penalty: See regulation 17.1.

(2)The following precautions must be taken — 

(a)check surveys; and

(b)probe drilling ahead of the heading or stope being advanced; and

(c)in the case of drill and blast operations — thorough cleaning and checking for misfires in the heading towards which the active face is advancing before drilling of the break‑through round, and the recording of that fact; and

(d)adequate safeguards to prevent exposure of persons to hazards during and after the break‑through.

10.28. Geotechnical considerations

(1)The principal employer at, and the manager of, an underground mine must ensure that geotechnical aspects are adequately considered in relation to the design, operation and abandonment of the mine.

Penalty: See regulation 17.1.

(2)The principal employer at, and the manager of, an underground mine must ensure that the following things are done in relation to workplaces, travelways and installations underground in the mine — 

(a)due consideration is given to local geological structure and its influence on rock stability; and

(b)rock damage at the excavation perimeter due to blasting is minimized by careful drilling and charging; and

(c)due consideration is given to the size and geometry of openings; and

(d)appropriate equipment and procedures are used for scaling; and

(e)appropriate measures are taken to ensure the proper design, installation and quality control of rock support and reinforcement; and

(f)the installation of ground support is timed to take into account rock conditions.

Penalty: See regulation 17.1.

(3)The principal employer at, and the manager of, an underground mine must ensure that the following things are done in relation to all development openings and stoping systems underground in the mine — 

(a)geotechnical data (including monitoring of openings when appropriate) is systematically collected, analysed and interpreted; and

(b)appropriate stope and pillar dimensions are determined; and

(c)rationale for sequencing stope extraction and filling (if appropriate) is determined; and

(d)there is adequate design, control and monitoring of production blasts; and

(e)rock support and reinforcement are adequately designed and installed.

Penalty: See regulation 17.1.

10.29. Sulphide dust ignitions

The manager of an underground mine in which minerals in the form of sulphides are present must ensure that — 

(a)the risk of sulphide dust ignition is thoroughly evaluated before mining operations commence at the mine; and

(b)procedures and work practices are developed and followed that minimize the risk of an explosion; and

(c)procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.

Penalty: See regulation 17.1.

10.30. Shift communications

The manager of an underground mine must ensure that if any hazard to any employee in a workplace in the mine has not been remedied or removed before the end of a shift — 

(a)a record is made in writing, and signed, by the supervisor of the shift for the workplace concerned setting out — 

(i)the nature of the hazard and its location; and

(ii)the state of corrective measures taken to remedy the hazard;

and

(b)the record is read and countersigned by the supervisor of the next shift (the new shift) for the workplace concerned before any employee does any work in the new shift in the workplace; and

(c)before any employee does any work in the new shift in the workplace, the supervisor for that shift has advised the employee of — 

(i)the nature of the hazard and its location; and

(ii)the state of corrective measures taken to remedy the hazard; and

(iii)the work and precautions required to be taken to remove or remedy the situation.

Penalty: See regulation 17.1.

10.31. Chute and pass safety precautions

(1)The manager of an underground mine must ensure that a standard written procedure that complies with subregulation (2) is followed when clearing any chute, pass, millhole or stope drawpoint at the mine that is blocked or hung up.

Penalty: See regulation 17.1.

(2)The procedure must include — 

(a)a supervisor being responsible for control of action taken to remove the obstruction and ensuring that a person does not enter the pass beneath the hang up; and

(b)a person not being exposed to any risk of the hang up releasing until the chute, pass, millhole or stope drawpoint has been checked from above the hang up for the presence of accumulated water or slurry; and

(c)a person not being present in or around a stope or any location where the release of the hung up chute, pass, millhole or stope drawpoint will constitute a hazard; and

(d)if blasting is to take place, all adjacent workplaces and travelways (including other levels or sublevels) where persons may be affected by the blasting, or the sudden movement of air or rock, being effectively closed and guards being posted to prevent access to those areas.

(3)If a person uses standard procedures to clear any chute, pass, millhole or stope drawpoint at an underground mine that is blocked or hung up and those methods fail to remove or clear the obstruction, the person must notify the underground manager.

Penalty: See regulation 17.1.

(4)If the underground manager of a mine receives notification under subregulation (3), the underground manager must — 

(a)determine what further action is to be taken; and

(b)ensure that the further action is then taken.

Penalty: See regulation 17.1.

10.32. Record of persons underground

(1)The manager of an underground mine must ensure that a procedure is established at the mine for checking all persons in and out of the mine so that all persons are accounted for at the end of each working shift.

Penalty: See regulation 17.1.

(2)A person at an underground mine must not fail to follow the procedure referred to in subregulation (1) or interfere with the system of recording and checking persons under that procedure.

Penalty: See regulation 17.1.

(3)The manager of an underground mine must ensure that if mains firing is used in the mine, or if large scale mass blasting is practised in the mine, all persons are accounted for at a place determined to be safe before firing or blasting.

Penalty: See regulation 17.1.

10.33. Reflective material on clothing

The manager of an underground mine in which trackless mining equipment is used must ensure that all persons in the mine — 

(a)wear an outer vest or webbing harness fitted with reflective material so as to be visible from all directions; or

(b)have panels or strips of reflective material securely attached to their clothing so as to be visible from all directions.

Penalty: See regulation 17.1.

10.34. Shrinkage stoping or development

(1)The manager of an underground mine in which shrinkage stoping or development is used must ensure that — 

(a)procedures that comply with subregulation (2) are established and followed at the mine to minimize the hazard of slumping of the broken rock in the stope or development heading upon which employees are required to work and travel; and

(b)all employees at the mine are fully instructed about the procedures; and

(c)the effectiveness of the procedures is monitored.

Penalty: See regulation 17.1.

(2)The procedures must include a means of accurately reconciling the volume of material drawn off the stope or development heading extraction points with the slump on top of the shrink.

10.35. Vertical opening safety procedures

(1)At any underground mine where operations at 2 or more horizons are interlinked by vertical or sub‑vertical openings, the manager of the mine must ensure that systems of work and precautions are devised and implemented which will minimize any risk of injury or harm to health if persons are required to work on those horizons at locations near the vertical or sub‑vertical openings.

Penalty: See regulation 17.1.

(2)In this regulation — 

vertical or sub‑vertical openings includes stopes, access rises, fill passes, ore and waste passes, ventilation rises and shafts and escape ways.

Division 3 — Loading and transport

10.36. Terms used

In this Division, unless the contrary intention appears —