Western Australian Consolidated Acts

MINES SAFETY AND INSPECTION ACT 1994

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Terms used in this Act  
   4A.     Penalty levels defined  
   4B.     Meaning of “first offence” and “subsequent offence”  
   5.      Crown bound  
   6.      Application to certain excavations, shafts, or tunnels  
   6A.     Application of this Act to a workplace under the Occupational Safety and Health Act 1984  
   7.      Relationship with other Acts  
   8.      Power to exempt  

   PART 2 -- General duties relating to occupational safety and health  

           Division 1 -- Preliminary  

   8A.     General and particular duties  
   8B.     Meaning of gross negligence in relation to certain breaches of this Part  

           Division 2 -- General duties  

   9.      Duties of employers  
   9A.     Breaches of section 9(1)  
   10.     Duties of employees  
   10A.    Breaches of section 10(1) or (3)  
   11.     Reporting of dangerous situations or occurrences  
   11A.    Duty of manager to inform person who makes a report under section 11  
   12.     Duties of employers and self-employed persons  
   12A.    Breaches of section 12  
   12B.    Duties placed on corporation to which section 15A, 15B or 15C applies  
   12C.    Breaches of section 12B  
   13.     Duties of principal employers and managers  
   13A.    Breaches of section 13  
   14.     Duties of manufacturers etc.  
   15.     Breaches of section 14  

           Division 3 -- Certain workplace situations to be treated as employment  

   15A.    Contract work arrangements  
   15B.    Labour arrangements in general  
   15C.    Labour hire arrangements  

           Division 4 -- Other duties  

   15D.    Duty of employer in respect of certain residential accommodation  
   15E.    Breaches of section 15D  
   15F.    Notification of hazard to the principal employer and manager  

   PART 3 -- Administration of Act  

           Division 1 -- Inspectors of mines  

   16.     State mining engineer and State coal mining engineer  
   17.     Appointment of inspectors of mines  
   18.     District and special inspectors  
   19.     Employee’s inspectors  
   20.     Assistant inspectors  

           Division 2 -- Inspections  

   20A.    Extended meaning of “employer” and “employee”  
   21.     Powers of inspectors  
   23.     Notice of result of inspection  
   24.     Inspector must inquire into complaints  
   25.     Liaison between employee’s inspectors and safety and health representatives  
   26.     Use and misuse of information by inspectors and assistant inspectors  
   27.     Certificates of appointment  
   28.     Provision of facilities for inspection  
   29.     Obstruction  

           Division 3 -- Improvement notices and prohibition notices  

              Subdivision 1 -- Improvement notices  

   30.     Issue of improvement notice  
   31.     Contents of improvement notice  
   31A.    Failure to comply with improvement notice  
   31AA.   Notification of compliance  

              Subdivision 2 -- Prohibition notices in respect of mines  

   31AB.   Grounds for prohibition notice  
   31AC.   Issue of prohibition notice for hazard arising from breach of Act  
   31AD.   Issue of prohibition notice for other hazards  
   31AE.   Prohibition of mining operations  
   31AF.   Contents of prohibition notice under this Subdivision  
   31AG.   Failure to comply with prohibition notice  

              Subdivision 3 -- Prohibition notices in relation to occupation of residential premises by employee  

   31AH.   Issue of prohibition notice  
   31AI.   Contents of prohibition notice under this Subdivision  
   31AJ.   Failure to comply with prohibition notice  

              Subdivision 4 -- Display of improvement notices and prohibition notices  

   31AK.   Improvement notices  
   31AL.   Prohibition notices in respect of mines  
   31AM.   Prohibition notices in respect of residential premises  
   31AN.   Offence to remove displayed notice  
   31AO.   Modifications of notice to be displayed  
   31AP.   Failure to comply with provision of this Subdivision  

              Subdivision 5 -- General duty of principal employer and manager in respect of notices  

   31AQ.   General duty, improvement notices  
   31AR.   General duty, prohibition notices  
   31AS.   Other provisions relating to general duty  

              Subdivision 6 -- Entry of notices and related matters in mine record book  

   31AT.   Improvement and prohibition notices  
   31AU.   Referrals for review  
   31AV.   Decisions on review  
   31AW.   Permissions for continuation of work  
   31AX.   Failure to comply with provision of this Subdivision  

              Subdivision 7 -- Review of improvement notices and prohibition notices  

   31AY.   Notice may be referred for review  
   31AZ.   Review by State mining engineer  
   31B.    Effect of notice pending review by State mining engineer  
   31BA.   Decision may be referred to Tribunal  
   31BB.   Determination by Tribunal  
   31BC.   Effect of notice pending review by Tribunal  

              Subdivision 8 -- General  

   31BD.   Notices may include directions  
   31BE.   Further power of State mining engineer to cancel notice  

           Division 4 -- Issue of provisional improvement notices by safety and health representative  

   31BF.   Term used in this Division  
   31BG.   Issue of provisional improvement notices  
   31BH.   Consultation required before issue  
   31BI.   Contents of notice  
   31BJ.   Provisional improvement notices may include directions  
   31BK.   Display of provisional improvement notices  
   31BL.   Failure to comply with notice  
   31BM.   General duty of principal employer and manager in respect of provisional improvement notice  
   31BN.   Review of notice by an inspector  
   31BO.   Entries in mines record book  

   PART 4 -- Management of mines  

           Division 1 -- Duties of employers and managers  

   32.     Principal employer  
   32A.    Change of principal employer or of particulars provided  
   33.     Registered manager  
   33A.    Registered manager may make appointments on behalf of principal employer  
   34.     Alternate and deputy registered managers  
   35.     Certificated underground manager  
   36.     Alternate and deputy underground managers  
   37.     Certificated quarry manager  
   38.     Alternate and deputy quarry managers  
   38A.    Periods of duty and related matters to be shown in record book  
   39.     Requirement for appointment of more than one certificated manager  
   40.     Managers to notify assumption of control  
   41.     Offence to work mine without appointed managers  
   42.     Commencement or suspension of mining  
   43.     Duties and responsibilities of manager  
   43A.    Duties and responsibilities of underground manager or quarry manager  
   44.     Management appointments  
   45.     Provision of engineering report  
   46.     Principal employer’s instructions to manager  
   46A.    Appointment of exploration manager  
   47.     Management of exploration operations  
   47A.    Exploration manager to be treated as a manager in certain circumstances  

           Division 2 -- Certificates of competency  

   48.     Board of Examiners  
   49.     Complaint to Board of Examiners  
   50.     Inquiry by Board of Examiners  
   51.     Disciplinary action following inquiry  
   52.     Appeal to Tribunal  

   PART 5 -- Safety and health representatives and committees  

           Division 1 -- Safety and health representatives  

   53.     Functions of safety and health representatives  
   54.     Notice requiring election of safety and health representatives  
   55.     Consultation on election matters  
   55A.    Election scheme may be established  
   55B.    What may be included in a scheme  
   55C.    Appointment of further delegates may be required  
   56.     Election of safety and health representatives  
   57.     Terms of office  
   58.     Manager to ensure safety of safety and health representative  
   59.     Disqualification of safety and health representative  
   60.     Duties of employers and manager regarding safety and health representatives  
   61.     Duties of employers regarding safety and health representatives  
   62.     Regulations regarding time off work for safety and health representatives  

           Division 2 -- Safety and health committees  

   62A.    Terms used in this Division  
   63.     Functions of safety and health committees  
   64.     Employees to appoint representatives  
   65.     Obligation of employer to establish a safety and health committee  
   66.     Request for establishment of safety and health committee  
   67.     Referral of question to State mining engineer  
   67A.    Employer may establish a safety and health committee  
   67B.    How safety and health committee to be constituted  
   67C.    State mining engineer may make determination in certain cases  
   67D.    Functions of committee may cover more than one mine  
   67E.    Amendment of agreement and abolition of committee  
   67F.    Review of State mining engineer’s decision  
   68.     Procedure of safety and health committees  

           Division 3 -- Discrimination  

   68A.    Discrimination against safety and health representative in relation to employment  
   68B.    Discrimination against safety and health representative in relation to contract for services  
   68C.    Claim may be referred to the Tribunal  
   68D.    Remedies that may be granted  
   69.     Other discriminatory treatment of employees or prospective employees  

   PART 6 -- Resolution of safety and health issues  

   70.     Resolution of issues at the mine  
   71.     Inspector may be notified where issue unresolved  
   72.     Refusal by employee to work in certain cases  
   73.     Assignment of other work  
   74.     Entitlements to continue  
   74A.    Offences -- refusal to work  

   PART 7 -- Specific duties relating to occupational safety and health  

           Division 1 -- Health surveillance  

   75.     Health surveillance of mine employees  

           Division 2 -- Accidents and occurrences  

   76.     Notice of accident to be given  
   77.     Recording of accidents in accident log book  
   78.     Recording of occurrences in the record book  
   79.     Manager to report potentially serious occurrences  
   80.     Examination of accident location by trade union representatives  
   81.     Place of accident not to be disturbed  

           Division 3 -- Plans and records  

   82.     Mines Survey Board  
   83.     Complaint to Mines Survey Board  
   84.     Inquiry by Mines Survey Board  
   85.     Disciplinary action following inquiry  
   86.     Appeal to Tribunal  
   87.     Plans to be furnished  
   88.     Plans for abandonment or suspension  
   89.     Record books  

   PART 8 -- Ministerial safety and health powers  

   91.     Minister may publish report  
   92.     Delegation of ministerial functions  
   93.     Codes of practice  

   PART 9 -- Offences, penalties and legal proceedings  

           Division 1 -- General provisions  

   94.     General penalty  
   95.     Continuing offences  
   96.     Proceedings to be taken by inspector or authorised officer  
   96A.    Proceedings to be determined by safety and health magistrate  
   97.     Time limit for prosecutions  
   98.     Evidentiary provisions  
   99.     Vicarious responsibility of employers, managers, and supervisors  
   99A.    Vicarious responsibility for offences involving gross negligence  
   100.    Offences by corporations  
   100A.   Responsibility of officers of corporation for offences involving gross negligence  
   101.    False or misleading information  
   101A.   No double jeopardy  

           Division 2 -- Undertaking by offender in lieu of payment of fine  

   101B.   Terms used in this Division  
   101C.   Court may allow offender to make election  
   101D.   Making of election  
   101E.   Failure to enter into undertaking  
   101F.   Time for payment of fines  
   101G.   Nature and terms of undertaking  
   101H.   What may be included in undertaking  
   101I.   Effect of undertaking  
   101J.   Failure to comply with undertaking  
   101K.   Amendment of undertaking  
   101L.   Undertaking may be published  

           Division 3 -- Jurisdiction of Occupational Safety and Health Tribunal  

   102.    Determination of certain matters and appeals by Tribunal  
   102AA.  Review of State mining engineer’s decisions under the regulations  

   PART 10 -- Final provisions  

   102A.   Visitors to comply with directions  
   103.    Exemption from personal liability  
   104.    Power to make regulations  
   105.    Publication of regulations at mine  
   106.    Application of regulations to self-employed persons  
   107.    Repeals  
   108.    Savings and transitional  
   110.    Review of Act  
           SCHEDULE 1 -- Savings and transitional provisions  
           Compilation table