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Work Health and Safety Regulations 2012 (SA) : A Guide To Chapter 10 - Mines
Work Health and Safety Regulations 2012 (SA) : A Guide To Chapter 10 - Mines
Contents
Introduction...........................................................................................................................................1
Chapter 1 Safety management systems....................................................................................... 2
Chapter 2 Health and safety policy ............................................................................................... 3
Chapter 3 Managing risks ............................................................................................................. 4
Chapter 4 Principal mining hazards .............................................................................................. 5
Chapter 5 Management structure ................................................................................................. 7
Chapter 6 Consultation ................................................................................................................. 8
Chapter 7 Management of contractors ......................................................................................... 9
Chapter 8 Emergency plan ......................................................................................................... 10
Chapter 9 Withdrawal from mine to place of safety .................................................................... 11
Chapter 10 Provision of information, training and instruction ..................................................... 12
Chapter 11 Induction .................................................................................................................. 13
Chapter 12 Supervision .............................................................................................................. 14
Chapter 13 Health monitoring ..................................................................................................... 15
Chapter 14 Workers safety role ................................................................................................. 16
Chapter 15 Incident notification .................................................................................................. 17
Chapter 16 Record keeping ........................................................................................................ 19
Chapter 17 Effectiveness of safety management systems ......................................................... 20
Chapter 18 Other important Mines Regulations to note ............................................................. 21
Disclaimer | While care has been taken to ensure the accuracy and currency of the information in this publication, at the time of reading it may not be sufficiently accurate,
current or complete to suit your individual needs. Reliance on the information in this publication is at your own risk. SafeWork SA accepts no liability for any loss resulting from
your reliance on it. To best meet your work health and safety obligations refer to current Acts, Regulations and Codes of Practice.
Introduction
The purpose of this document is to assist the mine operator of a mine to comply with Chapter 10 of
the Work Health and Safety Regulations 2012 (SA) (WHS Regulations).
Chapter 10 of the WHS Regulations contains specific regulations applicable to mines and includes
definitions of terms such as mine, mining operations, mine operator and mine holder (see
Regulations 609-614).
A key requirement of the Mines Regulations is the development of a Safety Management System
(SMS) for a mine.
This guide focuses on the key elements that are required to be set out as part of the mines SMS.
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The establishment and implementation of an SMS is a key work health and safety requirement for
mines.
The SMS should be documented, easily understood, accessible to workers and form part of any
overall management system that is in place at the mine. The SMS will be the mine operators
primary means of ensuring that the health and safety of workers and other persons is not put at risk
from the mine or work carried out as part of the mining operations. It should include an appropriate
level of detail on how risks to health and safety will be managed having regard to the nature and
complexity of the mining operations and the risks associated with those operations.
So for example a small quarry or opal mine will not be required to document its mining operations to
the same level as a large, complex mining operation such as Olympic Dam.
It is recommended that you familiarise yourself with Regulations 621-625 of the WHS Regulations
for the exact details of the SMS requirements. However a summary is provided below.
Purpose of the SMS
The purpose of the SMS is to set out in a structured and organised way the particular aspects of the
mines operations that influence the safety outcome of workers and other people at the mine. The
SMS will document:
a safety policy which outlines the mine operators intentions in relation to how he or she will
manage safety outcomes
safe work procedures which describe how risks arising from particular hazards will be
controlled (this section will include the Principal Mining Hazard Plans where they are
present for more information see Chapter 4)
the management structure of the mine including how resources will be allocated to safety
issues (this ensures that the people who have particular responsibilities for safety are clearly
identified in small mining operations where there are only one or two workers, this will be a
very simple step)
arrangements for consultation with workers and co-ordinating the activities of others who may
be at the mine, including contractors
emergency procedures
arrangements for providing information and training and appropriate inductions for workers
procedural issues such as health monitoring, reporting of incidents, record keeping and
maintenance of the safety management system.
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These principles are well documented and there is an abundance of information about how a risk
management process may be undertaken and applied. The WHS Regulations in relation to the risk
management process are supported by a Code of Practice How to Manage Health and Safety
Risks. This Code provides practical guidance on how to undertake the principles of hazard
identification, risk assessment and risk control as intended by the WHS Regulations.
Regulation 617 Managing risks to health and safety
1) A person conducting a business or undertaking at a mine must manage risks to health and
safety associated with mining operations at the mine, in accordance with Chapter 3, Part 1.
Note WHS Act sections 19, 20 and 21, as applicable (see regulation 9).
2) A person conducting a business or undertaking at a mine must ensure that a risk
assessment is conducted by a competent person for the purposes of subregulation (1)
3) In conducting a risk assessment, the person must have regard to:
(a) the nature of the hazard; and
(b) the likelihood of the hazard affecting the health or safety of a person; and
(c) the severity of the potential health and safety consequences.
In managing risks at a mine, mine operators are required to particularly address worker fatigue and
the risks associated with the consumption of alcohol and drugs (see Regulations 640 and 641).
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the principal mining hazard management plans for the mine prepared under
Division 2; and
in the case of an underground mine the ventilation control plan and ventilation
plan prepared for the mine under Division 4, Subdivision 2.
Principal mining hazards can, if not adequately controlled, result in multiple fatalities from a single
event or may be the source of frequent and serious injuries. Regrettably, incidents involving principal
mining hazards can have catastrophic outcomes. The Pike River Mine incident in New Zealand
where 29 workers lost their lives is an example. For this reason, a mine operator must identify any
hazard that could be classed as a principal mining hazard.
The mine operator must then prepare and document a plan which describes how the various risks
arising from the hazard will be controlled. Given the higher risk factor associated with these hazards
a higher level of planning and control is required. These plans need to be more detailed than other
general risk management documentation and must indicate:
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The WHS Regulations identify a number of known principal mining hazards and these are listed at
Regulation 612 as:
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Chapter 6 Consultation
The WHS laws contain a number of general consultation requirements which are relevant to mine
operators in the context of developing, implementing and reviewing their SMS. There are also
specific consultation requirements in relation to identifying principal mining hazards.
As well as consulting about the development of an SMS and principal mining hazard management
plans, workers should also be consulted on:
preparing, testing and reviewing the emergency plan for the mine
developing and implementing strategies to protect persons at the mine from any risk involving
alcohol, drugs or worker fatigue
implementing the workers safety role.
The workers safety role will be to participate in risk assessments to identify any principal mining
hazard and assist in selecting controls for them.
Mine operators must also consult with other duty holders who may be operating at the mines
including contractors (for more information see Chapter 7).
The Code of Practice Work Health and Safety Consultation, Cooperation and Coordination also
provides useful practical guidance about how to consult effectively for the purposes of work health
and safety requirements.
(622)(1)(e) The safety management system document for a mine must set out the
arrangements in place, between any persons conducting a business or undertaking at the mine,
for consultation, co-operation and the co-ordination of activities in relation to compliance with
their duties under the Act.
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(iii)
how the contractors work management system will be integrated with the safety
management system for the mine; and
the process for assessing health and safety policies and procedures (including
competency requirements) of the contractor and integrating them into the safety
management system; and
the arrangements for monitoring and evaluating compliance by the contractor with the
health and safety requirement of the safety management system.
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Additional matters to be included in the emergency plan are contained at Schedule 22 of the
Regulations.
The detail and complexity of the emergency plan will depend on the number of workers, and the size
and complexity of the mining operation.
In developing the emergency plan, the mine operator must consult with the local primary emergency
service, the local authority if there are principal mining hazards that may impact on the local area in
the event of an emergency, and any other relevant emergency services. The emergency plan must
be tested and reviewed regularly (see Regulations 664-670).
Underground mines have specific requirements that must be met in their emergency plan such as
emergency exits, safe escape and refuge, signage, self-rescuers and personal protective equipment
in emergencies (see Regulations 671-675).
(622)(1)(g) The safety management system document for a mine must set out the emergency
procedures and all other matters in the emergency plan for the mine prepared under Division 5.
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(621)(1)(h) The safety management system document for a mine must set out the procedures
and conditions under which persons at the mine or a part of the mine are to be withdrawn to a
place of safety and to remain withdrawn as a precautionary measure where a risk to health and
safety warrants that withdrawal.
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the implementation of risk control measures in relation to fatigue, the consumption of alcohol
and the use of drugs
the content and implementation of the SMS for the mine
the emergency plan for the mine
the safety role for workers (see Chapter 4 for more information on the safety role for workers).
workers are given a summary of the SMS and are informed that they can see the full plan
upon request
the principal mining hazard management plans are readily accessible to workers who are or
may be exposed to the risks to which the plan relates
a ventilation control plan is readily accessible to all workers at the mine
the emergency plan for the mine is readily accessible to all workers at the mine
so far as is reasonably practicable, each worker at the mine is made aware of any revision to
the SMS that is relevant to work being carried out by the worker.
Visitors to the mine should also be provided with information about any risks they may be exposed
to while visiting the mine, instructed in health and safety precautions they should take at the mine
and instructed in how to respond if there is an emergency while they are at the site.
Information, training and instruction should be regularly reviewed to ensure they remain relevant and
effective and the mine operator must keep a record of any training provided to a worker.
(622)(1)(i) The safety management system document for a mine must set out the arrangements
for the provision of information, training and instruction required under regulation 39.
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Chapter 11 Induction
Inducting new workers at a mine site is an important first step in ensuring that everyone at the mine
understands how safety will work in practice. With this in mind the induction process needs to be
comprehensive and the procedure should cover key areas such as:
The SMS provides an outline of the overall safety plan for the mine.
All new workers should be informed of the details of the SMS, the emergency plan and any principal
mining hazard management plans that are relevant to the workers particular role and activities. See
Chapter 10 for more information on what should be included in an induction.
Workers should also be informed about how they can report risks or incidents, who their Health
and Safety Representative is (if relevant to the worksite), location of first aid facilities etc.
(621)(1)(j) the safety management system document for a mine must set out the induction
procedures for workers at the mine.
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Chapter 12 Supervision
Like all workplaces, workers in a mining operation need to be provided with a level of supervision
that is appropriate to their experience and capability. New and less experienced workers must be
provided with a closer level of supervision than workers who are more familiar with the task.
The requirement to set out the supervision structure is linked to the requirement to set out clearly
the management structure as part of the SMS (see Chapter 5).
(621)(1)(k) The safety management system document for the mine must set out the
arrangements in place for the supervision needed to protect workers and other persons
at the mine from risks to their health and safety from work carried out at the mine.
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(2)
The mine operator of a mine must ensure that health monitoring is provided to a worker
at a mine engaged to carry out work at a mine if:
a.
there is a significant risk of an adverse effect on the worker's health because of
the worker's exposure to a hazard associated with mining; and
b.
valid techniques are available to detect that effect on the worker's health.
The health monitoring must be carried out:
a.
in accordance with this Part; and;
b.
at intervals determined by a registered medical practitioner with experience in
health monitoring.
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Section 36 of the WHS Act defines a serious illness or injury as an injury or illness requiring the
person to have:
Section 37 of the WHS Act defines a dangerous incident as an incident in relation to a workplace
that exposes a worker or any other person to a serious risk to a persons health or safety emanating
from an immediate or imminent exposure to:
In addition to these general notification requirements, a mine operator is also required to notify
SafeWork SA of any incident which meets the definition of dangerous incident even in situations
where a person has not been exposed but could have been (see Regulation 675V).
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A mine operator must also notify SafeWork SA of any incident that results in an injury to a person
that requires:
suturing of a wound
the treatment of fractures
the treatment of bruises by drainage of blood
the treatment of second and third degree burns.
The details that must be provided to SafeWork SA in relation to Regulation 675V incidents are
contained at Schedule 23 of the Regulations.
The site of the notifiable incident should be left undisturbed (so far as is reasonably practicable) until
an inspector arrives at the site or until the inspector directs.
From 1 January 2015, a mine operator will be required to provide a quarterly work health and safety
report to SafeWork SA. The content of the report is set out at Schedule 24 of the Regulations.
(622)(1)(n) The safety management system document for a mine must set out the procedures
for notifiable incident response and investigation at the mine.
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Records of reviews of control measures in response to a notifiable incident must be kept (see
Regulations 619-620).
All mine operators must keep records of training provided to workers and keep those records for
as long as the worker remains engaged at the mine (see Chapter 10 regarding provision of training
and instruction). They must also keep records of any health monitoring of workers (see Regulation
675P).
The mine operator must also keep a mine record which includes:
This mine record must be kept for seven years from the date the record was first made. It must be
kept at the mine and be available for inspection either by a SafeWork SA inspector or a worker upon
request.
All underground mine operators must keep records of air monitoring (see Regulation 651).
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the workings of the mine, including disused workings and bore holes
the location of electrical installations
the location of telephones and other fixed plant associated with the radio and
telecommunications systems
water dams and tailings dams
natural features surrounding the mine
places for the storage of hydrocarbons or explosives
points of entry and exit, including emergency exits
refuges (in underground mines)
reference to the Geocentric Datum of Australia and the Australian Height Datum (this is not
required for opal mining).
The plan must be reviewed at least once every 12 months or at other times if the plan no longer
accurately reflects the mine. It must be available for inspection by SafeWork SA inspectors or on
request by workers.
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