New South Wales Consolidated Regulations

COAL MINE HEALTH AND SAFETY REGULATION 2006

- Made under the Coal Mine Health and Safety Act 2002
- As at 21 October 2009
- Reg 783 of 2006

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Obligations to control risk
   5.      Responsibilities held by more than one responsible person
   6.      Act does not apply to certain places

   PART 2 - DUTIES RELATING TO HEALTH, WELFARE AND SAFETY AT COAL OPERATIONS
   Note

           Division 1 - Operators of coal operations

   7.      Nomination of operator by colliery holder
   8.      Changes in details provided in nomination
   9.      Keeping of record of operator
   10.     Register of operators of coal operations
   11.     Colliery holder must give operator health and safety information
   12.     Duty of operator to review information

           Division 2 - Health and safety management systems generally

              Subdivision 1 - Health and safety management systems generally
              Note

   13.     Additional components of health and safety management system
   14.     Health and safety management systems must be consistent with Australian Standard

              Subdivision 2 - Contents of additional components of health and safety management systems
              Note

   15.     Inspection program
   16.     Information and communication arrangements
   17.     Supervision arrangements
   18.     Monitoring arrangements
   19.     Electrical engineering management plan
   20.     Mechanical engineering management plan
   21.     Ventilation arrangements

              Subdivision 3 - Other matters

   22.     Information to be supplied to Chief Inspector and industry check inspector
   23.     Period for re-submission of health and safety management system
   24.     Information to be supplied on amendment of health and safety management system
   25.     Withdrawal or revision of amendment of health and safety management system
   26.     Amendments to health and safety management system that may not be implemented immediately
   27.     Former operator must return information

           Division 3 - Major hazards and major hazard management plans
           Note

              Subdivision 1 - Preliminary

   28.     Prescribed major hazards

              Subdivision 2 - Contents of major hazard management plans
              Note

   29.     Contents of major hazard management plan: slope stability management plan
   30.     Contents of major hazard management plan: surface transport management plan
   31.     Contents of major hazard management plan: underground transport management plan
   32.     Contents of major hazard management plan: strata failure management plan
   33.     Contents of major hazard management plan: inrush management plan
   34.     Director-General to make certain information available
   35.     Contents of major hazard management plan: fire and explosion management plan
   36.     Contents of major hazard management plan: dust explosion management plan
   37.     Contents of major hazard management plan: explosives management plan
   38.     Contents of major hazard management plan: airborne dust management plan

              Subdivision 3 - Government official may require sampling

   39.     Government official may require sampling

           Division 4 - Duties relating to contractors

   40.     Content of contractor management plan
   41.     Application of Part 5 of the Act to contractors
   42.     Application of Division 6 of Part 5 of the Act to contractors
   43.     Contractor must prepare and implement OH&S management plan

           Division 5 - Other matters

   44.     Contents of management structure
   45.     Contents of emergency management system
   46.     Information to be supplied on amendment of emergency management system
   47.     Escape and rescue plan
   48.     Fire fighting plan
   49.     High risk activities, waiting periods and information required
   50.     Information concerning high risk activities

           Division 6 - Chief Inspectors’ powers where coal operation is dangerous

   51.     Chief Inspector may impose prohibitions or restrictions or direct evacuation or closure of coal operation
   52.     Objections to notice
   53.     Notice to be complied with even if objection or appeal
   54.     Offence

   PART 3 - NOTIFICATIONS

           Division 1 - Notification of certain incidents

   55.     Notification of certain incidents at or in relation to coal operations: section 110 (1) (b) of the Act
   56.     Notification of certain incidents at or in relation to coal operations: section 110 (1) (c) of the Act
   57.     Notification of certain incidents at coal exploration sites: section 110 (2) (b) of the Act
   58.     Form of notice
   59.     Ancillary reports
   60.     Period of non-disturbance may be shortened

           Division 2 - Inquiries

   61.     Terms of reference of Boards of Inquiry
   62.     Prospective appointees to Boards of Inquiry

           Division 3 - Notifications to Chief Inspector

   63.     Duty to give notice of drilling operations
   64.     Other duties to give notice

   PART 4 - SAFETY AT COAL OPERATIONS

           Division 1 - Controlled materials, plant and practices

              Subdivision 1 - Controlled materials, plant and practices
              Note

   65.     Smoking materials not to be taken underground or into designated areas
   66.     Aluminium or light metal alloys
   67.     Flammable materials
   68.     Combustible liquid storage
   69.     Prohibition on use of certain fuelled plant in underground mines
   70.     FRAS materials
   71.     Lasers
   72.     Overhead power lines and cables
   73.     Diesel fuel
   74.     Diesel engines
   75.     Diesel particulate matter
   76.     Plant requirements

              Subdivision 2 - Belt conveyors on surface of coal operation

   77.     Assessment of risk of fire on belt conveyor
   78.     Detection and control of fire on belt conveyor

              Subdivision 3 - Belt conveyors in underground mines

   79.     Application of Subdivision
   80.     Use of conveyors in dusty places
   81.     Installation and operation of belt conveyors
   82.     Cleaning of underground roadways

              Subdivision 4 - Controlled practices

   83.     Isolation arrangements
   84.     Working alone in the underground parts of an underground mine
   85.     Working accompanied at a face in the underground parts of an underground mine
   86.     Conveyor riding
   87.     Construction zones

              Subdivision 5 - Bord and pillar systems

   88.     Bord and pillar system to be used in underground mines

              Subdivision 6 - Records and reporting

   89.     Records of plant
   90.     Offence relating to reporting of health or safety matters

           Division 2 - Coal dust

              Subdivision 1 - Coal dust explosion prevention and suppression

   91.     Maintenance of incombustible content of roadway dust
   92.     Reduction of levels of incombustible content of roadway dust in certain circumstances
   93.     Review of operator’s determinations of maximum likely gas concentrations
   94.     Restrictions on use of stone dust
   95.     Explosion barriers and other explosion suppression measures in roadways

              Subdivision 2 - Sampling and testing of roadway dust

   96.     Appointment of explosion suppression officers
   97.     Functions of explosion suppression officers
   98.     Appointment of further people to collect roadway dust samples
   99.     Person to accompany explosion suppression officer on visits to underground mine
   100.    Method of taking roadway dust samples
   101.    Testing roadway dust samples

           Division 3 - Ventilation

              Subdivision 1 - Ventilation officers

   102.    Appointment and qualifications of ventilation officer
   103.    Functions of ventilation officer
   104.    Measurement of concentrations of gases in air
   105.    Measurements to be recorded
   106.    Monthly status reports

              Subdivision 2 - Regulation of ventilation

   107.    Parts of an underground mine not to be worked unless sufficiently ventilated
   108.    Ventilation regulators
   109.    Procedure where ventilation inadequate
   110.    Temperatures in an underground mine
   111.    Precautions against emissions from goaf of flammable or noxious gas
   112.    Ventilation at commencement of hazardous zone
   113.    Minimum airflow
   114.    Special ventilation required at certain places

              Subdivision 3 - Ventilation failures

   115.    Failure of ventilation fans constitutes failure of the main ventilation system
   116.    Failure of main ventilation system
   117.    Operator’s duty where failure of main ventilation system

              Subdivision 4 - Fan installations

   118.    Ventilation fans
   119.    Provision and maintenance of airlocks
   120.    Provision and maintenance of certain plant
   121.    Installation of monitoring system
   122.    Auxiliary ventilation fans

              Subdivision 5 - Doors, sheets, stoppings and air crossings

   123.    Provision of fireproof doors
   124.    Ventilating sheet and non-metallic ventilating ducting
   125.    Leakage of air through sheets or ducts to be minimised
   126.    Stoppings and air crossings

              Subdivision 6 - Presence of flammable or noxious gases

   127.    Procedure where risky conditions exist by reason of the presence of flammable or noxious gases
   128.    Procedure where other risky conditions exist

              Subdivision 7 - Periodic audit of ventilation arrangements

   129.    Engagement and qualifications of ventilation engineers
   130.    Periodic audit of ventilation arrangements

           Division 4 - Escape

   131.    Provision of means of escape
   132.    Familiarising people with means of escape
   133.    Self-rescuer

           Division 5 - Operation of transport

   134.    Only specifically appointed and trained people can operate transport
   135.    Defects in transport
   136.    Engine not to be left running
   137.    Operation of transport

           Division 6 - Surveys and certified plans
           Note

   138.    Surveys
   139.    Mine record tracings to be sent to Director-General
   140.    Duty of operator when ceases to operate coal operation
   141.    Security of mine record tracings
   142.    Supply of record tracing
   143.    Duties of mining surveyors

           Division 7 - Underground work by children and young people

   144.    Minimum age for underground work
   145.    Records

           Division 8 - Exercise of functions by people

   146.    Exercise of functions by people
   147.    Assessment of competence of people

           Division 9 - Fitness for work program

   148.    Fitness for work program

   PART 5 - CERTAIN ACTIVITIES REQUIRE LICENCE

   149.    Definitions
   150.    Licensable activity not to be carried on without a licence
   151.    Operator’s obligations
   152.    Applications for licences
   153.    Eligibility for licence
   154.    Determination of applications
   155.    Notice of refusal
   156.    Term of licences
   157.    Condition of licence relating to supervision
   158.    Amendment of conditions of licences
   159.    Licences to be displayed
   160.    Suspension or cancellation of licences
   161.    Cancelled licences to be returned to the Chief Inspector

   PART 6 - COMPETENCE STANDARDS

           Division 1 - Key obligations

   162.    Functions to which Part 9 of the Act applies and evidence of competence to perform those functions

           Division 2 - Development of competence standards

   163.    Development of competence standards

           Division 3 - Assessment of competence standards

   164.    Guidelines for assessment of competence standards
   165.    Assessment of competence standards
   166.    Conduct of examinations
   167.    Appointment and functions of examiners

           Division 4 - Certificates of competence

   168.    Granting of certificates of competence subject to Board’s recommendation
   169.    Refusal to grant certificates of competence
   170.    Refusal of certificates of competence
   171.    Replacement of certificates of competence
   172.    Range of specified functions that the holder of specified evidence of competence can perform

           Division 5 - Maintenance of competence

   173.    Maintenance of competence

           Division 6 - Suspension or cancellation of certificates

   174.    Suspension or cancellation of certificates
   175.    Immediate suspension
   176.    Cancelled certificates must be surrendered

           Division 7 - Restoration of certificates

   177.    Restoration of certificates

           Division 8 - Declarations that a person’s competence is not recognised

   178.    Ministerial declarations that a person’s competence is not recognised
   179.    Certificates must be surrendered

           Division 9 - Miscellaneous

   180.    Register of certificates of competence
   181.    Fees

   PART 7 - COAL COMPETENCE BOARD

           Division 1 - Constitution of Board

   182.    Nomination of panels for appointment as members
   183.    Terms of office of members
   184.    Remuneration
   185.    Vacancy in office of member
   186.    Filling of vacancy in office of member
   187.    Chairperson and Deputy Chairperson
   188.    Disclosure of pecuniary interests

           Division 2 - Committees of Board

   189.    Committees of Board

           Division 3 - Procedure of Board

   190.    General procedure
   191.    Quorum
   192.    Presiding member
   193.    Voting
   194.    Transaction of business outside meetings or by telephone
   195.    Record of proceedings
   196.    First meeting

   PART 8 - CHECK INSPECTORS

   197.    Training of site check inspectors
   198.    Qualifications for industry check inspectors
   199.    Functions of industry check inspectors

   PART 9 - EXEMPTIONS

   200.    Exemptions for particular people on application
   201.    Exemptions for classes of people or things
   202.    Register of exemptions

   PART 10 - MISCELLANEOUS

           Division 1 - Workplace injury records and reporting

   203.    Meaning of “workplace injury”
   204.    Workplace injury records
   205.    Chief Inspector to be informed
   206.    Workplace injury reports

           Division 2 - Other matters

   207.    Retention of records
   208.    Government official’s advice
   209.    Decisions reviewable by the Administrative Decisions Tribunal
   210.    Determination of fees and charges by the Minister
   211.    Chief Inspector may publish material relating to safety or health
   212.    Availability of Gazetted matters
   213.    Penalty for contravention of regulation
   214.    Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2