Coal Mine Health and Safety Act 2002 No 129
Current version for 1 January 2014 to date (accessed 19 December 2014 at 21:05)
Part 5Division 2

Division 2 Duties of operators of coal operations

Subdivision 1 Health and safety management systems

20   Duty of operator to prepare health and safety management system

(1)  The operator of a coal operation at which mining is carried out must prepare a statement in accordance with this Act and the regulations, stating how the health and safety of the people who work at the coal operation, or who are directly affected by the coal operation, will be protected. This is a health and safety management system.
(2)  For the purposes of this section, a person may be directly affected by a coal operation even if the person is not inside the coal operation.
(3)  The regulations may specify which people are directly affected by a coal operation for the purposes of this Subdivision.
(4)  This section does not require an operator to prepare a mine safety management plan for a mine if:
(a)  a previous operator of the mine prepared a plan that complies with this Act and the regulations, and
(b)  the plan is adopted by the subsequent operator.

21   No mining without health and safety management system

The operator of a coal operation must ensure that mining is not carried out by any person at the coal operation unless a health and safety management system that complies with this Act and the regulations is implemented for the coal operation.
Note. Because of the definition of mine (as a verb), this Subdivision applies to coal mines and preparation plants but not coal exploration sites.

22   Duty of operator to ensure compliance with health and safety management system

The operator of a coal operation must ensure that mining at the coal operation is carried out in compliance with the health and safety management system for the coal operation. This includes activities undertaken by contractors who undertake work at the coal operation.

23   Contents of health and safety management system

(1)  The purpose of a health and safety management system must be to provide the primary means by which an operator ensures the health, safety and welfare of employees and others at a coal operation and of people directly affected by a coal operation, including people who are not at the coal operation.
(2)  A health and safety management system for a coal operation must provide:
(a)  the basis for the identification of hazards, and of the assessment of risks arising from those hazards, by the operator of the coal operation, and
(b)  for the development of controls for those risks, and
(c)  for the reliable implementation of those controls.
(3)  A health and safety management system must include:
(a)  system elements (which must include, but are not limited to, health and safety policy, risk management, training and competence, information control and system evaluation), and
(b)  any major hazard management plans required for the coal operation under Subdivision 2, and
(c)  the management structure of the coal operation required under Subdivision 3, and
(d)  any contractor management plan required for the coal operation under Subdivision 4, and
(e)  any other matter prescribed by the regulations.
(4)  The regulations may require a health and safety management system to be consistent with any management system standard specified in the regulations.
(5)  The regulations may specify matters that do not need to be included in a health and safety management system.

24   Consultation

The people who work at the coal operation must be consulted, in the manner required by the regulations, during the preparation of the health and safety management system and before its amendment.

25   Information to be supplied to Chief Inspector and industry check inspector

(1)  Information relating to the health and safety management system for a coal operation must be supplied by the operator of the coal operation to the Chief Inspector and an industry check inspector.
(2)  The regulations may specify:
(a)  the form and content of information to be supplied, which may include, but is not limited to, the elements of the health and safety management system to be supplied, and
(b)  whether any summary of the health and safety management system is to be supplied and, if so, what summary.

26   Chief Inspector may object

(1)  The Chief Inspector may object to a health and safety management system if he or she forms the view:
(a)  that the health and safety management system does not comply with the requirements of this Act or the regulations, or
(b)  that there was insufficient or inadequate consultation in the preparation of the health and safety management system, or
(c)  that the health and safety management system is insufficient to protect the health and safety of those who work at the coal operation or those affected by the coal operation.
(2)  If the Chief Inspector has an objection to a health and safety management system for a coal operation, the Chief Inspector must notify the operator of the coal operation in writing of the objection. The health and safety management system must not be implemented until the objection has been resolved.
(3)  If the Chief Inspector notifies an operator of an objection, the operator must revise the health and safety management system, taking into account any matters raised in the objection, and submit it to the Chief Inspector within the time prescribed by the regulations.
(4)  If the Chief Inspector has not notified the operator of an objection within 21 days after receiving information concerning the system, or within any other period prescribed by the regulations, the operator may implement a health and safety management system. The system may not be implemented before that period ends.

27   Industry check inspector may object

(1)  An industry check inspector may raise objections with the Chief Inspector regarding the content of a health and safety management system.
(2)  The Chief Inspector must have regard to any objection raised under this section.
(3)  Nothing in this section prevents an industry check inspector from raising matters concerning the content of a health and safety management system for a coal operation directly with the operator of the coal operation.

28   Health and safety management system must be reviewed

(1)  The operator of a coal operation at which mining is carried out must regularly review the health and safety management system for the coal operation, including any major hazard management plans, the management structure and any contractor management plan. That review must occur at least once every 3 years.
(2)  In addition to that regular review, an operator must immediately review the health and safety management system:
(a)  as at 12 months after the commencement of mining at the coal operation, or
(b)  if there is a fatality at or arising directly from the coal operation, or
(c)  if there is a dangerous incident at the coal operation that could reasonably have been expected to result in a fatality, or
(d)  if there is a significant change in operations that may affect health and safety, or
(e)  if required to do so by the Chief Inspector in writing, or
(f)  if required to do so by the regulations.
(3)  A review under subsection (2) is required to consider only the relevant parts of the health and safety management system.
(4)  The people who work at the coal operation must be consulted, in the manner prescribed by the regulations, as part of the review.
(5)  A review must be completed within 6 months after it is required by this section.

29   Amendment of health and safety management system

(1)  If a health and safety management system for a coal operation is amended after it is in operation, information concerning the amended system must, if the regulations require it, be sent by the operator of the coal operation to the Chief Inspector and an industry check inspector before the proposed commencement of the amendment.
(2)  Sections 23, 24 and 25 apply to an amendment to a health and safety management system in the same way as they apply to a health and safety management system.
(3)  If the Chief Inspector is of the view:
(a)  that the amended health and safety management system does not comply with the requirements of this Act or the regulations, or
(b)  that there was insufficient or inadequate consultation concerning the amendment of the health and safety management system, or
(c)  that the amended health and safety management system is insufficient to protect the health and safety of those at the coal operation or those affected by the coal operation,
the Chief Inspector may object to the amended health and safety management system.
(4)  If the Chief Inspector notifies an operator of an objection, the operator must either withdraw or revise the amendment to the health and safety management system, taking into account any matters raised in the objection, and submit it to the Chief Inspector within the time prescribed by the regulations.
(5)  The operator may implement the amended health and safety management system immediately after informing the Chief Inspector of the amendment, unless the amendment is of a kind that the regulations provide cannot be implemented during a prescribed period after informing the Chief Inspector.

30   Access to health and safety management system

(1)  An up-to-date copy of the health and safety management system for a coal operation must be kept at the on-site office of the coal operation by the operator of the coal operation and must be made available for inspection by:
(a)  a government official, or
(b)  a check inspector who is entitled to exercise functions in relation to the coal operation, or
(c)  any person who works at the coal operation.
(2)  The operator of a coal operation must immediately supply the Chief Inspector with an up-to-date copy of the health and safety management system for the coal operation if the Chief Inspector requests a copy.

31   Former operator must return information

If a person ceases to be the operator of a coal operation, that person must return to the colliery holder any information provided to the person under section 18 or otherwise obtained by the person in the course of exercising the functions of an operator prescribed by the regulations, whether or not updated by the operator. That information must be returned as soon as practicable after the person ceases to be the operator.

Subdivision 2 Major hazard management plans

32   Regulations may prescribe “major hazard”

The regulations may prescribe a hazard to people (whether or not they are at work) as a major hazard to which this Subdivision applies.

33   Minister may require other major hazards to be identified

(1)  The Minister may declare by notice published in the Gazette that the operator of a coal operation, or the operators of a class of coal operations, must undertake a specified process or processes to identify any major hazard that affects the coal operation.
(2)  A major hazard so identified is a major hazard to which this Subdivision applies.
(3)  An operator of a coal operation must not fail to comply with a requirement imposed by a declaration under this section.

34   Minister may declare operation is subject to risk of major hazard

The Minister may declare by notice in the Gazette that a coal operation, or a class of coal operations, is subject to a risk from mining from a major hazard to which this Subdivision applies.

35   Duty to prepare one or more major hazard management plans

(1)  If a risk from mining at a coal operation arises from a major hazard to which this Subdivision applies, the operator must establish and maintain a major hazard management plan for each such major hazard as a part of the health and safety management system for the coal operation.
(2)  In addition, an operator must establish a major hazard management plan for each major hazard identified by the operator in the operator’s assessment of risks arising from the coal operation carried out in the preparation or implementation of the health and safety management system for the coal operation.
(3)  A separate major hazard management plan must be prepared for each major hazard.

36   Contents of major hazard management plans

(1)  A major hazard management plan must state how the health and safety of the people who work at or are affected by the coal operation will be protected from the major hazard.
(2)  A major hazard management plan must also make provision for the matters prescribed by the regulations.
(3)  A major hazard management plan may refer to or incorporate, with or without modification, a document prepared or published by a body specified in the plan, as in force at a particular time or from time to time.

Subdivision 3 Management structure

37   Operator must prepare management structure

(1)  As part of the health and safety management system for a coal operation, the operator of the coal operation must prepare a document that sets out the management structure of the coal operation.
(2)  The management structure must nominate people within the structure by position and must outline their areas of responsibility and accountability.
(3)  The management structure for a coal operation that is a mine must include a competent person to perform the functions of the manager of mining engineering.
(4)  The management structure must include competent people with appropriate mining, electrical and mechanical engineering competence.
(5)  The management structure for an underground mine must include competent people to perform the functions of the manager of electrical engineering and the manager of mechanical engineering.
(6)  The management structure for a coal operation must include competent people to perform the functions of supervisors of the operation.
(7)  An operator must take all reasonable steps to maintain the management structure. This includes having others acting in, and the timely filling of, vacant positions in the structure.
(8)  During an emergency, the management structure of a coal operation may be suspended and a different management structure may be put into place for the duration of the emergency.

38   Register of persons occupying positions

(1)  The operator of a coal operation must keep a register at the on-site office of the coal operation containing the names of people occupying positions in the management structure for the operation.
(2)  The register must cover both current occupants of positions and occupants for the previous 5 years (including any period before the commencement of this section).
(3)  The register is to be made available for inspection on request by a government official, an industry check inspector, a site check inspector or by any person who works at the coal operation.

Subdivision 4 Duties regarding contractors

39   Operator to prepare contractor management plan

As part of the health and safety management system for a coal operation, the operator of a coal operation at which contractors are proposed to be used must prepare a contractor management plan, stating how the risks arising from the use of contractors at the coal operation will be managed.

40   Content of contractor management plan

A contractor management plan for a coal operation must make provision for the matters prescribed by the regulations.

41   Operator to ensure contractor’s familiarity with systems

The operator of a coal operation at which any contractor proposes to work must ensure, before that work commences, that consultation occurs with the contractor so that:
(a)  the contractor is familiar with the relevant parts of the health and safety management system and the contractor management plan for the coal operation, and
(b)  the contractor’s arrangements for health and safety management are consistent with the health and safety management system for the coal operation.

42   Duties of operator regarding contractors

(1)  The operator of a coal operation must ensure that each contractor who proposes to work at the coal operation provides the operator, or a person designated by the operator, with:
(a)  a written safe work method statement for the work to be carried out by the contractor, and
(b)  if section 75 applies to the contractor, a site-specific work health and safety management plan.

These must be provided before the contractor commences work at the coal operation.

(2)  A safe work method statement must:
(a)  describe how work is to be carried out, and
(b)  identify the work activities assessed as having safety and health risks, and
(c)  identify the safety and health risks, and
(d)  describe the control measures that will be applied to the work activities, and
(e)  make provision for the matters required by the regulations.
(3)  An operator must ensure:
(a)  that a contractor is directed to comply with:
(i)  the safe work method statement that the contractor has provided, and
(ii)  the requirements of this Act and the regulations, of the Work Health and Safety Act 2011 and of the regulations made under that Act, and
(b)  that the activities of a contractor are monitored to the extent necessary to determine whether or not the contractor is complying with:
(i)  the safe work method statement that the contractor has provided, and
(ii)  the requirements of this Act and the regulations, of the Work Health and Safety Act 2011 and of the regulations made under that Act, and
(c)  if the contractor is not so complying, that the contractor is directed to take action immediately to comply with the safe work method statement or the requirements of this Act and the regulations, of the Work Health and Safety Act 2011 and of the regulations made under that Act, and
(d)  that if a risk to the health or safety of a person arises because of the non-compliance, the contractor is directed to stop work immediately and not to resume work until the safe work method statement or those requirements, or both, are complied with, unless an immediate cessation of work is likely to increase the risk to health or safety, in which event the contractor must be directed to stop work as soon as it is safe to do so.
(4)  A failure by an operator to give a direction, or to ensure that a direction is given, under this section does not affect any liability of the contractor under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.

43   Contractor must be given copy of health and safety management system

The operator of a coal operation must ensure that a contractor does not commence work at the coal operation unless the contractor has been provided with a copy of the parts of the operator’s health and safety management system for the place of work that are relevant to the contractor.

Subdivision 5 Emergency management systems

44   Meaning of “emergency”

For the purposes of this Subdivision, an emergency exists at a coal operation when a situation is not controlled by a health and safety management system for the coal operation and there is a threat to the life or physical well-being of people at or outside the coal operation.

45   Operator must prepare emergency management system

The operator of a coal operation must ensure that an emergency management system that complies with this Subdivision is prepared for the coal operation.

46   No mining without emergency management system

The operator of a coal operation must ensure that mining is not carried out at the coal operation unless an emergency management system that complies with this Subdivision is implemented for the coal operation.
Note. Because of the definition of mine (as a verb), this Subdivision applies to coal mines and preparation plants but not coal exploration sites.

47   Contents of emergency management system

(1)  An emergency management system must contain an up-to-date plan of the coal operation and any other plan required by the regulations.
(2)  An emergency management system must adequately address, but is not limited to addressing, the following matters:
(a)  the identification of the nature of risks at a coal operation that could result in an emergency if control measures fail,
(b)  the description of the measures to be taken to prevent or limit the harmful consequences of incidents associated with each of the identified risks, including measures to identify the location of people who may be at risk,
(c)  the identification of the equipment, facilities and communication systems necessary to control or limit the consequences of those incidents and the arrangements for ensuring that they are readily available,
(d)  the description of the procedures necessary to control or limit these incidents and the competence required by people to undertake the procedures in an emergency setting,
(e)  the identification of the control structure that is to apply in the event of an emergency and the means by which that structure is to be communicated throughout the operation,
(f)  the identification of key personnel and resources (both internal and external) available to be called on in the case of an emergency,
(g)  the identification of the procedures for testing the effectiveness of the system and ensuring that all necessary equipment, facilities, systems, procedures and training are maintained,
(h)  any other matter prescribed by the regulations.

48   Consultation

The people who work at the coal operation must be consulted, in the manner prescribed by the regulations, during the preparation of the emergency management system and before its amendment.

49   Information to be supplied to Chief Inspector and industry check inspector

(1)  Information relating to the emergency management system for a coal operation must be supplied by the operator of the coal operation to the Chief Inspector and an industry check inspector before the emergency management system is implemented.
(2)  The regulations may specify:
(a)  the form and content of information to be supplied, which may include, but is not limited to, the elements of the emergency management system to be supplied, and
(b)  whether any summary of the emergency management system is to be supplied and, if so, what summary.
(3)  If an emergency management system for a coal operation is amended after it is in operation, information concerning the amended system must, if the regulations require it, be sent by the operator of the coal operation to the Chief Inspector and an industry check inspector. That information must be sent before the amendment to the emergency management system is implemented.

50   Copy to be made available

(1)  An up-to-date copy of the emergency management system for a coal operation must be kept at the on-site office of the coal operation by the operator of the coal operation and must be made available for inspection by:
(a)  a government official, or
(b)  a check inspector who is entitled to exercise functions in relation to the coal operation, or
(c)  any person who works at the coal operation.
(2)  The operator of a coal operation must immediately supply the Chief Inspector with an up-to-date copy of the emergency management system for the coal operation if the Chief Inspector requests a copy.

51   Competence and training of personnel

The operator of a coal operation must ensure that the people required to perform duties as part of the emergency management system for the coal operation are competent to carry out those duties and are given appropriate training.

52   Review

(1)  The operator of a coal operation must ensure that the emergency management system for the coal operation is reviewed:
(a)  as soon as practicable after any emergency has occurred at the coal operation, and
(b)  whenever the health and safety management system for the coal operation is reviewed.
(2)  The people who work at the coal operation must be consulted, in the manner prescribed by the regulations, during the review.
(3)  A review under this section is required only to consider the relevant parts of the emergency management system.

Subdivision 6 High risk activities

53   Meaning of “high risk activity”

(1)  The regulations may prescribe an activity as a high risk activity to which this Subdivision applies.
(2)  The regulations may provide that an activity being carried out at the time that it is prescribed as a high risk activity can continue without being subject to this Subdivision.

54   Requirement to notify high risk activities

(1)  The operator of a coal operation must ensure that a high risk activity to which this Subdivision applies is not carried out at or in relation to the coal operation unless, before the activity is commenced:
(a)  the operator has given notice of the activity to the Chief Inspector, an industry check inspector and the site check inspector for the coal operation, and
(b)  such waiting period as may be prescribed by the regulations in relation to the activity has elapsed.
(1A)  The waiting period in relation to a particular high risk activity may be varied by the Chief Inspector so long as the industry check inspector who has been notified of the activity is consulted by the Chief Inspector in relation to the variation.
(2)  Notice under this section must be given in the form prescribed by the regulations and must be accompanied by any information required by the regulations.
(3)  Notice is taken to have been given when it is received by both the Chief Inspector and an industry check inspector.

Subdivision 7 Keeping of records and reporting

55   Keeping of records by operators

The operator of a coal operation must keep the records concerning health and safety that are required by the regulations, in the manner required by the regulations and for at least the time required by the regulations.

56   Reporting by operators

The operator of a coal operation must make the reports concerning health and safety that are required by the regulations, in the manner required by the regulations.

Subdivision 8 Penalties

57   Penalty for offence against this Division

An operator or former operator of a coal operation who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.

Maximum penalty:

(a)  in the case of a corporation (being a previous offender)—7,500 penalty units, or
(b)  in the case of a corporation (not being a previous offender)—5,000 penalty units, or
(c)  in the case of an individual (being a previous offender)—750 penalty units or imprisonment for 2 years, or both, or
(d)  in the case of an individual (not being a previous offender)—500 penalty units.

Subdivision 9 Saving of certain notices and directions

58   Saving of certain notices and directions

(1)  If a notice or direction is given under this Act to a person as the operator of a coal operation and that person is replaced as operator by another person, any notice or direction is taken to have been given to the new operator.
(2)  Nothing in this section affects any liability for an offence committed by a person when the person was an operator of a coal operation.
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