Work Health and Safety (Mines) Regulations 2022 (Exposure ...

1 Western Australia Work Health and Safety (Mines) Regulations 2022 Contents Chapter 1 Preliminary Part Introductory matters 1. Citation 1 2. Commencement 1 3. Not used 1 4. Not used 1 5. Terms used 2 5A. Meaning of mine 48 5B. Meaning of mining operations 48 5C. Meaning of mine operator 51 6. Not used 51 6A. Corresponding WHS laws prescribed 51 7. Meaning of person conducting a business or undertaking: persons excluded 52 7A. References to person conducting a business or undertaking includes references to mine operators 52 8. Meaning of supply 53 9. Provisions linked to Health and Safety duties in Act 53 Part Application 10. Application of these Regulations 53 11.

2 Application of Regulations 54 12. Assessment of risk in relation to a class of hazards, tasks, circumstances or things 54 Part Incorporated documents 13. Documents incorporated as in force when incorporated 55 14. Inconsistencies between provisions 55 15. References to standards 55 Exposure Draft page i Work Health and Safety (Mines) Regulations 2022 Contents participation Part Representation Division 1 Work groups Person conducting business or undertaking must Safety representative Part Issue resolution 23. Default procedure Not used 26. Not used 27. Chapter 2 Representation and 16. Negotiations for and determination of work groups 56 17.

3 Matters to be taken into account in negotiations 56 Division 2 Health and Safety representatives 18. Procedures for election of Health and Safety representatives 57 19. not delay election 58 20. Removal of Health and Safety representatives 58 20A. Notice of entry for person assisting Health and 59 21. Training for Health and Safety representatives 60 22. Agreed procedure: minimum requirements 61 61 Part Cessation of unsafe work Continuity of engagement of worker 63 Part Not used 63 63 Not used 63 28. Not used 63 29. Not used 63 30. Not used 63 31. Not used 63 Chapter 3 General risk and workplace management Part Managing risks to Health and Safety 32. Application of Part 64 33. Specific requirements must be complied with 64 34. Duty to identify hazards 64 35.

4 Managing risks to Health and Safety 64 36. Hierarchy of control measures 65 37. Maintenance of control measures 65 page ii Exposure Draft Remote or isolated work 77 Division 7 Managing risks from airborne contaminants 49. Ensuring exposure standards for substances and mixtures not exceeded 78 Work Health and Safety (Mines) Regulations 2022 Contents 38. Review of control measures 66 Part General workplace management Division 1 Information, training and instruction 39. Provision of information, training and instruction 67 Division 2 General working environment 40. Duty in relation to general workplace facilities 68 41.

5 Duty to provide and maintain adequate and accessible facilities 69 41A. Duty to protect from extremes of heat and cold 70 41B. Duty to provide adequate seating 70 Division 3 First aid 42. Duty to provide first aid 71 Division 4 Emergency plans 43. Duty to prepare, maintain and implement emergency plan 72 Division 5 Personal protective equipment 44. Provision to workers and use of personal protective equipment 74 45. Personal protective equipment used by other persons 75 46. Duties of worker 76 47. Duty of person other than worker 76 Division 6 Remote or isolated work 48. 50. Monitoring airborne contaminant levels 79 Division 7A Protection from tobacco smoke 50A. Terms used 80 50B. Meaning of enclosed workplace 80 50C. Assessment of notional vertical surface area 82 50D.

6 Persons not to smoke in enclosed workplace 82 50E. Defence to r. 50D: smoking in private vehicle or residence 82 50F. Defence to r. 50D: smoking by actor in a performance 83 Exposure Draft page iii Work Health and Safety (Mines) Regulations 2022 Contents 50G. Regulator may direct medical examination of Certain persons to give notice of smoking restrictions 83 substances Division 10 Falling objects Management of risk of falling objects 55A. 55B. workers 55C. 55D. Inspectors may require certain persons to extinguish tobacco products 83 50I. Certain persons to give notice of smoking restrictions 84 Division 8 Hazardous atmospheres 51.

7 Managing risks to Health and Safety 84 52. Ignition sources 85 Division 9 Storage of flammable or combustible 53. Flammable and combustible material not to be accumulated 85 54. 86 55. Minimising risk associated with falling objects 86 Division 11 Directed medical examinations Term used: medical examination notice 87 87 Worker to choose registered medical practitioner 87 Person conducting business or undertaking must comply with medical examination notice 88 Duties of registered medical practitioner conducting examination 88 55F. Regulator must inform person conducting business or undertaking 89 55G. Person conducting business or undertaking must ensure confidentiality of medical examination results 89 Chapter 4 Hazardous work Part Noise 56.

8 Meaning of exposure standard for noise 90 57. Managing risk of hearing loss from noise 90 58. Audiometric testing 91 59. Duties of designers, manufacturers, importers and suppliers of plant 92 Part Hazardous manual tasks 60. Managing risks to Health and Safety 94 page iv Exposure Draft Work Health and Safety (Mines) Regulations 2022 Contents 94 Duty to eliminate or minimise risk undertaking Managing risks to Health and Safety Confined space entry permit Signage Duties of designers, manufacturers, importers and suppliers of plant or structures Part Confined spaces Division 1 Preliminary 62. Confined spaces to which Part applies 97 9763.

9 Application to emergency service workers 63A. Application to mine emergency workers 97 Division 2 Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure 64. 98 Division 3 Duties of person conducting business or 65. Entry into confined space must comply with Division 98 66. 99 67. 100 68. 102 Communication and Safety monitoring 102 Specific control: connected plant and services 103 Specific control: atmosphere 103 Specific control: flammable gases and vapours 104 Specific control: fire and explosion 105 Emergency procedures 105 Personal protective equipment in emergencies 106 Information, training and instruction for workers 107 77. Confined space entry permit and risk assessment must be kept 109 Part Falls 78.

10 Management of risk of fall 110 79. Specific requirements to minimise risk of fall 111 79A. Duties of certain persons as to holes or openings in floors 113 80. Emergency and rescue procedures 114 Part High risk work Division 1 Licensing of high risk work Subdivision 1 Requirement to be licensed 81. Licence required to carry out high risk work 116 82. Exceptions 116 Exposure Draft page v Work Health and Safety (Mines) Regulations 2022 Contents jurisdictions 118 Not used Licence document to be available Not used 96. Not used 97. Not used 98. Not used 99. Not used Recognition of high risk work licences in other 86.