WHS Act Section 46
Duty to Consult with Other Duty Holders
- If duty holders share the same duty there is an obligation to cooperate activities with all other persons i.e mining and maintenance, mining has an obligation to provide maintenance with a safe work area SFARP
WHS Act Section 47
Duty to Consult Workers
- The PCBU must consult workers in matters which affect their health and
WHS Act Section 48
Nature of Consultation
- Relevant information must be shared
- The PCBU must ensure workers are given the opportunity to express their views and raise Health and Safety issues
- Workers must be allowed to contribute to the decision making process, their views taken into account and advised of the outcome in a timely manner
- HSR must be involved when the represent workers
WHS Act Section 49
When Consultation is Required
- when identifying hazards and assessing risks from work being carried out
- when making decisions about ways to eliminate or minimise those risks
- When making decisions about facilities that affect workers
- When proposing changes that affect the health and safety of workers
- When making decisions about the procedures for:
- Consultation
- Resolving WHS issues
- Health monitoring
- Workplace conditions
- Information, Training and Instruction
WHS Act Section 70
General Obligations of the PCBU
- The PCBU must consult on WHS matters
- Confer with the HSR whenever reasonably requested to ensure the H&S of workers in the work group
- Allow the HSR to access information on hazards and the H&S of workers
- Allow the HSR to be present at interviews concerning workers health between inspectors and PCBU’s
- Provide any resources, facilities or assistance to allow the HSR to perform or exercise their function under the act
WHS (MPS) Regs Section 19
Health and Safety policy
Health Control Plan
Inductions
Inspections
Incidents and emergencies
Info, training and instruction
Consultation
Comms across shifts
Contractors
Risk Management
Resources to implement the SMS
Record keeping
Supervision
Specific controls
Safety role for workers
PHMP
PCP
Withdrawal conditions
Management structure
Performance standards and audits
Emergency plan
The SMS must contain a level of detail having regard to the nature, complexity and location of mining operations and the risks associated
Must be set out in way that is readily understood by those who use it
WHS (MPS) Regs Section 92
Consultation in Preparation of Emergency Plan
- In preparing the emergency plan the operator must SFARP consult with;
- The primary emergency services for the area
- In the case of a coal mine, the NSW Mines Rescue Board
- The local authority for the area i.e. the local council
WHS (MPS) Regs Section 114
Safety Role for Workers in Relation to Principal Mining Hazards
- The operator must implement a safety role for workers that enables them to contribute to;
- The identification of principal hazards that are relevant to the work they are carrying out
- The consideration of control measures associated with principal hazards
- The consideration for control measures for risks managed under principal control plans
- Conducting reviews of control measures
WHS (MPS) Regs Section 115
Duty to Consult with Workers
- The operator must consult with workers in relation to the following;
- The development, implementation and review of the SMS
- Conducting risk assessments for PHMP’s
- Conducting risk assessments for PCP’s
- Preparing, testing and reviewing the emergency plan
- The implementation of the workers safety role under section 114
- Developing and implementing strategies to protect workers from any risk to H&S from the consumption of drugs and alcohol and worker fatigue
