Western Australian Current Regulations Western Australian Current Regulations (1) A contractor must
not carry out a mining operation at a mine unless —
(a) the
contractor —
(i)
prepares a health and safety management plan in
accordance with subregulation (3) and provides a copy of the plan to the
mine operator of the mine; and
(ii)
is given written notice from the mine operator accepting
the plan under subregulation (5); and
(iii)
has the resources and capability to implement the plan;
or
(b) the
contractor —
(i)
reviews the relevant parts of the mine safety management
system for the mine that apply to the mining operation that the contractor is
to carry out; and
(ii)
gives the mine operator of the mine a written notice in
accordance with subregulation (6); and
(iii)
has the resources and capability to implement the
relevant parts of the mine safety management system that will apply to the
contractor.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
Note for this subregulation:
Adopting the mine
safety management system for the mine does not reduce the contractor’s
duty under section 19 of the Act.
(2) The mine operator
of a mine must not allow a contractor to carry out a mining operation at the
mine in contravention of subregulation (1).
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(3) The
contractor’s health and safety management plan under
subregulation (1)(a) must —
(a) set
out the means by which the contractor will manage the risks to health and
safety from mining operations carried out by the contractor in accordance with
regulation 617 and with any other requirements under the Act that relate
to those operations; and
(b) be
designed to be used by the contractor as the primary means of ensuring,
so far as is reasonably practicable —
(i)
the health and safety of the contractor’s workers
at the mine; and
(ii)
that the health and safety of other persons is not put at
risk from work carried out as part of the contractor’s business or
undertaking at the mine;
and
(c) be
documented; and
(d) so
far as is reasonably practicable, be set out and expressed in a way that is
readily understandable by persons who use it.
(4) The mine operator
may accept the contractor’s health and safety management plan if the
mine operator considers that —
(a) the
plan is in accordance with subregulation (3); and
(b) the
plan is consistent with the mine safety management system for the mine; and
(c) the
contractor has the resources and capability to implement the plan.
(5) If the mine
operator accepts the contractor’s health and safety management plan
under subregulation (4), the mine operator must give the contractor
written notice of the acceptance.
(6) A notice under
subregulation (1)(b)(ii) must state the following —
(a) that
the contractor has conducted the review of the relevant parts of the mine
safety management system;
(b) that
those parts of the mine safety management system are acceptable to the
contractor;
(c) that
the contractor is of the opinion that the mine safety management system is
consistent with the contractor’s arrangements to manage the risks to
health and safety from mining operations carried out by the contractor at the
mine in accordance with regulation 617 and with any other requirements
under the Act that relate to those operations.