New South Wales Consolidated Acts

MINE HEALTH AND SAFETY ACT 2004 - SECT 40

40 Duties of operator regarding contractors

(1) An operator of a mine must ensure:

(a) that every contractor who works at the mine is directed to comply with the requirements of this Act and the regulations and the Occupational Health and Safety Act 2000 and the regulations under that Act, and

(b) that the activities of the contractor are monitored to the extent necessary to determine whether or not the contractor is complying with the operator’s mine safety management plan or with the contractor’s safety management plan (if it has been accepted under section 63) and with the requirements of this Act and the regulations and the Occupational Health and Safety Act 2000 and the regulations under that Act, and

(c) that, if the contractor is not so complying, the contractor is directed to take action immediately to comply with the safety management plan or the requirements of this Act and the regulations and the Occupational Health and Safety Act 2000 and the regulations under that Act, and

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

(e) that the contractor and the contractor’s employees receive induction training with respect to occupational safety and health as specified in the mine safety management plan for the mine, and

(f) that the contractor is provided with details of any relevant changes made to the mine safety management plan for the mine.

(2) 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 under that Act.