Model Work Health & Safety Regulations and Codes of Practice for mining released
The draft model Work Health and Safety (WHS)
Regulations and Codes of Practice for mining have been opened for
public comment. The comment period closes on 9 September 2011 for
the Regulations, and on 7 October 2011 for the Codes of Practice.
An issues paper has also been released for comment (closing 9
September 2011). Several further Codes of Practice and a
Consultation Regulation Impact Statement are due for release on 29
July 2011.
According to the issues paper, NSW, Queensland and WA are
working collaboratively to prepare 'non-core' WHS laws on mining,
which may be formalised by a 'non-core' Intergovernmental
Agreement. The issues currently under consideration for inclusion
in the 'non-core' provisions appear in detail in the issues paper.
Some of those provisions include:
- requirements for the appointment of a site senior executive at
every mine;
- requirements for additional full-time or part-time statutory
mine safety positions depending on the type of mine and its
associated hazards and risks;
- notification requirements regarding prescribed high-risk mining
activities, including information requirements and waiting periods
before prescribed work may commence;
- extensions of incident notification, investigation and
protected information release provisions; and
- additional regulator enforcement powers similar to those that
apply under current mine health and safety laws.
The definitions of 'mine', 'mining operations' and 'mineral'
under regulations 9.1.1 - 9.1.3 largely determine the scope and
application of the model Regulations. This indicates that the
Regulations will apply to quarrying activities.
Employers in the mining industry should familiarise themselves
with the model regulations, the issues paper and Codes of Practice,
which can be found at Safe Work Australia's website.
With several jurisdictions looking to introduce their own safety
laws for mining, the question must be asked: what is the point of
the harmonisation process?
Author: Joanna Shields, Cornwall Stodart