If a recognised standard states a way of achieving an acceptable level of risk, how can a person discharge their obligation?
(Act s.37)
A person may discharge the person’s safety and health obligation in relation to the risk only by following the prescribed way.
1. If a regulation prohibits exposure to a risk, a person may discharge the person’s safety and health obligation in relation to the risk only by ensuring the prohibition is not contravened.
2. If a recognised standard states a way or ways of achieving an acceptable level of risk, a person discharges the person’s safety and health obligation in relation to the risk only by—
a) Adopting and following a stated way; or
b) Adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.
What are the objects of the Coal Mining Safety and Health Act 1999?
(Act s.6)
Act s.39
a) To protect the safety and health of persons at coal mines and persons who may be affected by coal mining operations; and
b) To require that the risk of injury or illness to any person resulting from coal mining operations be at an acceptable level; and
c) To provide a way of monitoring the effectiveness and administration of provisions relating to safety and health under this Act and other mining legislation.
What must an Inspector do after receiving a report of a serious accident causing death at a coal mine?
(Act s.199)
As soon as practicable:
1. Inspect the place of the accident;
2. Investigate the accident to determine its nature and cause; and
3. Report the findings of the investigation to the Chief Inspector.
2. SSE.
How can obligations be met if no Regulation or Recognised Standard is made?
(Act s.38)
- Choose an appropriate way to discharge the person’s safety & health obligation in relation to the risk.
- The person discharges the person’s safety and health obligation in relation to the risk only if the person takes reasonable precautions, and exercises proper diligence, to ensure the obligation is discharged.
What are the three (3) instances where a SSE must immediately notify an Inspector and an ISHR about an incident?
(Act s.198(3))
A serious accident, death or high potential incident at the coal mine.
What should happen if the level of risk is unacceptable?
(Act s.31(1)(2))
a) Persons be evacuated to a safe location; and
b) Action to be taken to reduce the risk to acceptable level.
. . . . Action to reduce the risk may include stopping the use of specified plant or substances.
What three (3) things must the SSE do if there is a serious accident or HPI?
(Act s201(1))
- Carry out an investigation to decide the causes of the accident or incident; and
- Prepare a report about the accident or incident that includes recommendations to prevent the accident or incident from occurring again; and
- If the accident or incident is a type prescribed by regulation—give the report to an inspector within 30 days.
How are the objects of the Act to be achieved?
(Act s.7)
Act s.55(2)
Objects of the Act are achieved by:
a) Imposing safety and health obligations on persons who operate coal mines or who may affect the safety or health of others at coal mines; and
b) Providing for a SHMS at coal mines to manage risk effectively; and
c) Making Regulations and Recognised Standards for the coal mining industry to require and promote risk management and control; and
d) Establishing a Safety & Health Advisory Committee to allow the coal mining industry to participate in developing strategies for improving safety and health; and
e) Providing for SSHRs to represent the safety and health interests for CMWs; and
f) Providing for Inspectors and other officers to monitor the effectiveness of risk management and control at coal mines, and to take appropriate action to ensure adequate risk management; and
g) Providing a way for competencies of persons at coal mines to be assessed & recognised; and
h) Requiring management structures so that persons may competently supervise the safe operation of coal mines; and
i) Providing for an appropriate coal mines rescue capability; and
j) Providing for satisfactory level of preparedness for emergencies at coal mines; and
k) Providing for the health assessment and surveillance of persons who are, will be or who have been CMWs.
How are the objectives of the Act achieved in relation to emergencies?
(Act s.7(i-j))
The objectives of the Act in relation to emergencies are achieved by:
1. Providing for an appropriate coal mines rescue capability; and
2. Providing for a satisfactory level of preparedness for emergencies at coal mines.
What is the meaning of a Site Senior Executive (SSE)?
(Act s.25)
- The SSE for a coal mine is the most senior officer employed or otherwise engaged by the coal mine operator for the coal mine who—
a) Is located at or near the coal mine; and
b) Has responsibility for the coal mine. - If the officer only has responsibility for a separate part of a surface mine, the officer’s responsibilities and safety and health obligations under this Act as a SSE for a coal mine are limited to the separate part of the surface mine for which the officer has responsibility.
What must the SSE do when they become aware of a HPI incident at the coal mine, and how?
(Act s.198(2))
The SSE must orally notify an ISHR about the incident and provide the required information for the notification to the extent that is known to the SSE.
What are the obligations of Contractors?
(Act s.43)
(a) To ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;
(b) To ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;
(c) To ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine;
(d) To ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor—
(i) has given the site senior executive for the mine a safety and health management plan; and
(ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;
(e) If the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor—
(i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and
(ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor;
(f) To ensure no work at the mine is performed by a coal mine worker engaged by the contractor, or a coal mine worker arranged by the contractor to perform work or provide a service, until the worker—
(i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and
(ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker;
(g) To ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor.
Cooperation is an important strategy in achieving the objects of the Act and is achieved at a coal mine by doing what two (2) things?
(Act s.32(2)(b))
- The election of SSHR’s.
- The process of involving coal mine workers in the management of risk.
What is the meaning of mines rescue capability?
(Act s.221)
The ability to provide a suitable number of trained persons & maintained equipment to allow continuous rescue operations to take place and to help the escape or safe recovery of anyone from a mine if it has, or may have, an irrespirable atmosphere.
When does the SSE need to appoint another person to perform a duty during an absence?
(Act s.58(1))
If a person -
a) Is mentioned in the management structure for a coal mine documented under section 55; and
b) Actively supervises coal mine workers where there is a risk to the workers; and
c) Is temporarily absent from duty.
How is an acceptable level of risk achieved?
(Act s.30(2)(3))
- To achieve an acceptable level of risk, the Act requires that management and operating systems must be in place for each coal mine.
- Systems must incorporate risk management elements and practices appropriate for each coal mine to—
a) Identify, analyse, and assess risk; and
b) Avoid or remove unacceptable risk; and
c) Monitor levels of risk and the adverse consequences of retained residual risk; and
d) Investigate and analyse the causes of serious accidents and HPI’s with the view to preventing a reoccurrence; and
e) Review the effectiveness of risk control measures, and take appropriate corrective and preventative action; and
f) Mitigate the potential adverse effects arising from residual risk. - Also, the way an acceptable level of risk or illness may be achieved may be prescribed under a Regulation.
What must not be done by any person to a coal mine worker regarding their refusal to answer a question put to the CMW by an inspector, inspection officer or ISHR?
(Act s.268)
A person must not :
1. Encourage or influence a CMW.
2. Attempt to encourage or influence the CMW,
3. Give a general direction to the CMW,
4. Give a promise of advantage to the CMW.
5. Threaten with dismissal or otherwise of the CMW.
When may an authorised official give a directive regarding the risk from coal mining operations at a coal mine?
(Act s.163(1))
When the risk from coal mining operations at a coal mine is at an unacceptable level or may reach an unacceptable level.
What 1 or more actions following a directive may be required, following a directive, of a person who has safety and health obligations at a coal mine?
(Act s.163(2))
g) suspend coal mining operations in all or part of the coal mine;
h) take action stated in the directive, including, for example—
i) to review the SHMS or a PHMP to ensure the system or plan is effective; or
ii) to carry out a test to decide whether a risk is at an unacceptable level.
Who has obligations for safety and health under the Act? Provide four (4) examples.
(Act s.33)
CMWs or other persons at coal mines or persons who may affect safety and health at coal mines, or as a result of coal mining operations.
a) A holder of the mine
b) Coal Mine Operator.
c) SSE.
d) Contractor.
e) Designer, manufacturer, importer and supplier of plant for use at a coal mine.
f) Erector or installer of plant at a coal mine.
g) Designer, constructor or erector of earthworks at a coal mine.
h) Manufacturer, importer or supplier of substances for use at the mine.
Which persons have obligations to ensure that the risk to workers at a mine is at an acceptable level?
(Act s.41 & s.42)
- Coal Mine Operator; and
- SSE
