Coal Mine Health and Safety Act 2002 No 129
Current version for 1 January 2014 to date (accessed 20 December 2014 at 23:14)
Part 5Division 4

Division 4 Duties of those in management positions

63   Duties of manager of mining engineering

(1)  The manager of mining engineering for a coal operation must advise the operator of health and safety standards and practices in the manager’s discipline.
(2)  The manager of mining engineering for a coal operation must bring any significant deviation from those standards and practices, and any risks to health and safety that he or she becomes aware of, to the attention of the operator.
(3)  A failure by the manager of mining engineering to bring such a deviation to the operator’s attention does not affect any liability of the operator under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.

64   Duties of manager of electrical engineering

(1)  The manager of electrical engineering for a coal operation must advise the operator of health and safety standards and practices in the manager’s discipline.
(2)  The manager of electrical engineering for a coal operation must bring any significant deviation from those standards and practices, and any risks to health and safety that he or she becomes aware of, to the attention of the operator.
(3)  A failure by the manager of electrical engineering to bring such a deviation to the operator’s attention does not affect any liability of the operator under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.

65   Duties of manager of mechanical engineering

(1)  The manager of mechanical engineering for a coal operation must advise the operator of health and safety standards and practices in the manager’s discipline.
(2)  The manager of mechanical engineering for a coal operation must bring any significant deviation from those standards and practices, and any risks to health and safety that he or she becomes aware of, to the attention of the operator.
(3)  A failure by the manager of mechanical engineering to bring such a deviation to the operator’s attention does not affect any liability of the operator under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.

66   Those in management positions must comply with health and safety management system

A person who holds a management position at a coal operation must comply with the health and safety management system for the coal operation.

67   Those in management positions must inform operator of non-compliance

(1)  A person who holds a management position at a coal operation must inform the operator of the coal operation if he or she is aware that the conduct of the coal operation does not conform with the Work Health and Safety Act 2011 or the regulations made under that Act or with this Act or the regulations made under this Act.
(2)  A failure by a person to inform the operator under this section does not affect any liability of the operator under the Work Health and Safety Act 2011 or the regulations made under that Act or under this Act or the regulations made under this Act.

68   Penalty for offence against this Division

A person 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 previous offender—75 penalty units, or
(b)  in any other case—50 penalty units.

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