New South Wales Consolidated Acts

COAL MINE HEALTH AND SAFETY ACT 2002 - SECT 42

42 Duties of operator regarding contractors

(1) The operator of a coal operation must ensure that each contractor who proposes to work at the coal operation provides the operator, or a person designated by the operator, with:

(a) a written safe work method statement for the work to be carried out by the contractor, and

(b) if section 75 applies to the contractor, a site-specific occupational health and safety management plan.

These must be provided before the contractor commences work at the coal operation.

(2) A safe work method statement must:

(a) describe how work is to be carried out, and

(b) identify the work activities assessed as having safety and health risks, and

(c) identify the safety and health risks, and

(d) describe the control measures that will be applied to the work activities, and

(e) make provision for the matters required by the regulations.

(3) An operator must ensure:

(a) that a contractor is directed to comply with:

(i) the safe work method statement that the contractor has provided, and

(ii) the requirements of this Act and the regulations, of the Occupational Health and Safety Act 2000 and of the regulations made under that Act, and

(b) that the activities of a contractor are monitored to the extent necessary to determine whether or not the contractor is complying with:

(i) the safe work method statement that the contractor has provided, and

(ii) the requirements of this Act and the regulations, of the Occupational Health and Safety Act 2000 and of the regulations made under that Act, and

(c) if the contractor is not so complying, that the contractor is directed to take action immediately to comply with the safe work method statement or the requirements of this Act and the regulations, of the Occupational Health and Safety Act 2000 and of the regulations made under that Act, and

(d) that if a risk to the health or safety of a person arises because of the non-compliance, the contractor is directed to stop work immediately and not to resume work until the safe work method statement or those requirements, or both, are complied with, unless an immediate cessation of work is likely to increase the risk to health or safety, in which event the contractor must be directed to stop work as soon as it is safe to do so.

(4) A failure by an operator to give a direction, or to ensure that a direction is given, under this section does not affect any liability of the contractor under this Act or the regulations or under the Occupational Health and Safety Act 2000 or the regulations made under that Act.