Western Australian Current Regulations Western Australian Current Regulations (1) A person
conducting a business or undertaking at a mine must review and as necessary
revise control measures implemented under regulation 617 if —
(a) an
audit of the effectiveness of the mine safety management system for the mine
indicates a deficiency in a control measure; or
(b) a
worker is moved from a hazard or assigned to different work in response to a
recommendation contained in a health monitoring report; or
(c) a
notifiable incident or reportable incident occurs; or
(d) an
inspector requires a review, under subregulation (2), of the control
measures.
Notes for this subregulation:
1. WHS
Act — sections 19, 20 and 21, as applicable (see
regulation 9).
2. This requirement is
in addition to the requirement under regulation 38 (see
regulation 33).
(2) If an inspector is
of the opinion that any control measures are deficient, the inspector may by
written notice require the person conducting the business or undertaking to
carry out a review of the control measures.
(3) The
inspector’s notice must set out —
(a) the
inspector’s reasons for their opinion; and
(b) the
reasonable time by which the control measures must be reviewed.
(4) A person
conducting a business or undertaking who is given an inspector’s notice
under subregulation (2) must comply with the notice.
Penalty for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
(5) The mine operator
of a mine must ensure that a control measure that is the subject of a request
by a health and safety representative under regulation 38(4) is reviewed
and as necessary revised, whether the request is made directly to the mine
operator or notified to the mine operator under subregulation (6) by
another person conducting a business or undertaking at the mine.
Notes for this subregulation:
1. WHS
Act — sections 19, 20 and 21, as applicable (see
regulation 9).
2. This requirement is
in addition to the requirement under regulation 38 (see
regulation 33).
(6) A person
conducting a business or undertaking at a mine who is not the mine operator of
the mine must immediately notify the mine operator of a request made to the
person under regulation 38(4).
Penalty for this subregulation:
(a) for
an individual, a fine of $1 450;
(b) for
a body corporate, a fine of $7 000.
(7) A health and
safety representative for workers at a mine may request a review of a control
measure under regulation 38(4) as if the circumstances referred to in
subregulation (1) were included in regulation 38(4)(a).