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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters


Explanatory note

Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 4 April 2016, revoke and replace the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (the 2013 regulations) with regulations made under the Health and Safety at Work Act 2015 (the Act).
The regulations prescribe matters concerning health and safety in mining operations. They also prescribe requirements concerning competency in relation to safety-critical roles in mining operations, quarrying operations, and alluvial mining operations.
Part 1 (regulations 3 to 6)—
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contains preliminary provisions that define terms used in the regulations and provide for transitional, savings, and related provisions arising from the replacement of the 2013 regulations (regulations 3 to 5):
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declares certain tunnelling operations not to be tunnelling operations for the purposes of Schedule 3 of the Act, as provided for in clause 5 of Schedule 3 of the Act (regulation 6).
Part 2 (regulations 7 to 51) sets out the safety-critical roles required to be filled in mining operations, quarrying operations, and alluvial mining operations and prescribes duties to hold a certificate of competence for those roles. Part 2 also specifies supervision requirements relating to untrained mine workers and competency requirements relating to inspectors who are appointed under section 163 of the Act and who inspect mining operations.
Part 3 (regulations 52 to 64) relates to the health and safety management system in mining operations and requires mine operators and site senior executives to ensure that health and safety management systems for mining operations are developed, documented, implemented, and maintained.
Part 4 (regulations 65 to 91) imposes a duty on the site senior executive of a mining operation to carry out an appraisal of the mining operation to identify principal hazards that could create a risk of multiple fatalities and to ensure that a principal hazard management plan is in place to manage the hazards, and contains related provisions.
Part 5 (regulations 92 to 108) imposes a duty on the site senior executive for a mining operation to ensure that the mining operation has a principal control plan, the purpose of which is to document systems and processes in place at the mining operation to manage principal hazards.
Part 6 (regulations 109 to 115) prescribes duties concerning worker participation practices in the mining sector, including the requirement for worker participation practices to be documented and for industry health and safety representatives to hold a certificate of competence.
Part 7 (regulations 116 to 129) prescribes specific duties applicable to all mining operations.
Part 8 (regulations 130 to 176) prescribes specific duties applicable in underground mining operations and tunnelling operations.
Part 9 (regulations 177 to 210) prescribes specific duties applicable in underground coal mining operations.
Part 10 (regulations 211 to 230)—
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declares the injuries, illnesses, and incidents listed in Schedule 5 to be notifiable injuries and illnesses and notifiable incidents for the purposes of the Act, as provided for in sections 23(1)(e) and 24(1)(m) of the Act (regulation 225):
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imposes duties on mine operators to keep records of, disclose information about, and investigate notifiable events (including the notifiable injuries and illnesses and notifiable incidents listed in Schedule 6) (regulations 226 to 228):
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imposes a duty on mine operators to give written notice to WorkSafe before undertaking high-risk activities (regulation 229):
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imposes a duty on mine operators to give a quarterly report to WorkSafe (regulation 230).
Part 11 (regulations 231 and 232) consequentially amends the Mines Rescue (Levy) Regulations 2014 (to update terminology) and revokes the 2013 regulations.
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 21 September 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.
PROMULGATION
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 18 February 2016.
These regulations are administered by the Ministry of Business, Innovation, and Employment.

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