Tasmanian Numbered Regulations

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MINES WORK HEALTH AND SAFETY (SUPPLEMENTARY REQUIREMENTS) REGULATIONS 2022 (S.R. 2022, NO. 117) - REG 36

Safety management processes
(1)  In this regulation –
safety management process means any of the following processes:
(a) the identification, as required under the Work Health and Safety Regulations 2022 , of hazards in respect of mining operations;
(b) risk assessments undertaken as required by these regulations;
(c) the management, as required under the Work Health and Safety Act 2012 and the Work Health and Safety Regulations 2022 , of risks to health and safety;
(d) the monitoring, and review, as often as is appropriate, of risks to health and safety.
(2)  A mine operator who carries out a safety management process must –
(a) consider the various skills necessary to undertake the various steps in the process; and
(b) ensure that the necessary skills are applied in each step in the process; and
(c) if the skills are held by different persons, ensure that the process involves those persons –
(i) through the establishment of a team to undertake one or more steps of the process; or
(ii) if the establishment of a team is not reasonably practicable, through consulting with such persons when one or more steps of the process are undertaken; and
(d) ensure that each of the steps referred to in paragraph (c) is directed by a competent person.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding $13 000; and
(b) an individual, a fine not exceeding $6 500.
(3)  In carrying out a safety management process in respect of a mine, the mine operator must take into account the following:
(a) hazards known to exist within mining generally, as well as those that may arise specifically in relation to the mine or mines of the same type as the mine;
(b) work environment and work organisation as they each relate to identified and potential hazards;
(c) information available on the causes of any reportable accidents or incidents at the mine;
(d) any relevant guidance material that is applicable to the mine;
(e) any other relevant information and any other factors considered relevant by the mine operator or submitted to the mine operator as relevant by –
(i) any employer at the mine; or
(ii) any worker at the mine; or
(iii) any representative of a worker on health and safety issues.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding $13 000; and
(b) an individual, a fine not exceeding $6 500.



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