MINES SAFETY AND INSPECTION ACT 1994

Western Australian Consolidated Acts

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MINES SAFETY AND INSPECTION ACT 1994

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Objects
4. Terms used
4A. Penalty levels defined
4B. First offence and subsequent offence defined
5. Crown bound
6. Application to certain excavations, shafts, or tunnels
6A. Application of this Act to workplace under 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. Effect of 2 or more statutory duties
8B. Gross negligence defined for some offences in this Part

Division 2 -- General duties

9. Employers, duties of
9A. Breaches of s. 9(1), penalties for
10. Employees, duties of
10A. Breaches of s. 10(1) or (3), penalties for
11. Duty to report some occurrences and situations
11A. Mine manager’s duties when s. 11 report received
12. Employers and self-employed persons, duties of
12A. Breaches of s. 12, penalties for
12B. Corporations to which s. 15A, 15B or 15C applies, duties of
12C. Breaches of s. 12B, penalties for
13. Principal employers and managers, duties of
13A. Breaches of s. 13, penalties for
14. Plant designers etc., duties of
15. Breaches of s. 14, penalties for

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. Employers’ duties as to some residential premises
15E. Breaches of s. 15D, penalties for
15F. Hazardous situations, duty of employer or self-employed person to report

PART 3 -- Administration of Act

Division 1 -- Inspectors of mines

16. State mining engineer and State coal mining engineer
17. Inspectors of mines, general provisions
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. Record of inspection and notice of result
24. Complaints to inspectors
25. Employee’s inspectors, duty to liaise and power to report to union
26. Use and disclosure of information by inspectors etc.
27. Certificates of appointment for inspectors etc.
28. Employers and managers to facilitate inspections
29. Obstructing etc. inspectors

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 due to breach of Act
31AD. Issue of prohibition notice for other hazards
31AE. Requirements to stop work etc. permitted in prohibition notices
31AF. Contents of prohibition notice
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
31AJ. Failure to comply with prohibition notice

Subdivision 4 -- Display of improvement notices and prohibition notices

31AK. Manager to display improvement notices
31AL. Manager to display prohibition notices in respect of mines
31AM. Employer to display 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. Manager to put notices in mine record book
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. Referring notices for review
31AZ. Review of notices by State mining engineer
31B. Effect of notice pending review by State mining engineer
31BA. State mining engineer’s decision may be referred to Tribunal for review
31BB. Review by Tribunal
31BC. Effect of notice pending review by Tribunal

Subdivision 8 -- General

31BD. Notices may include directions
31BE. State mining engineer may cancel notice

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

31BF. Term used: qualified representative
31BG. Issue of provisional improvement notices
31BH. Consultation required before issue
31BI. Contents of notice
31BJ. Notices may include directions
31BK. Display of notices
31BL. Failure to comply with notice
31BM. General duty of principal employer and manager in respect of notices
31BN. Review of notices by inspector
31BO. Manager to put notices etc. in mine record book

PART 4 -- Management of mines

Division 1 -- Duties of employers and managers

32. Principal employer, duties of for new mines
32A. Change of principal employer etc. to be notified
33. Registered manager, appointment and functions of
33A. Registered manager may make appointments on behalf of principal employer
34. Alternate and deputy registered managers, appointment and functions of
35. Underground manager, appointment and functions of
36. Alternate and deputy underground managers, appointment and functions of
37. Quarry manager, appointment and functions of
38. Alternate and deputy quarry managers, appointment and functions of
38A. Managers to record periods of duty in mine record book
39. State mining engineer may require more than one manager at mine
40. Managers to notify assumption of control
41. Offence to work mine without appointed managers
42. Commencement or suspension of mining to be notified
43. Manager of mine, functions of
43A. Underground manager or quarry manager, functions of
44. Duties of principal employer etc. as to appointing assistants
45. State mining engineer may require independent study at mine
46. Principal employer’s relationship to manager
46A. Exploration manager, appointment of
47. Management of exploration operations
47A. Exploration manager to be treated as 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 representatives
54. Employee may require election of representatives
55. Consultation on matters relevant to elections
55A. Election scheme, establishment of
55B. What may be included in election scheme
55C. Appointment of further delegates may be required
56. Election of representatives
57. Terms of office of representatives
58. Manager to ensure safety of representatives
59. Disqualification of representatives
60. Duties of employers and manager as to representatives
61. Disclosing sensitive information to representatives
62. Regulations about time off work for representatives

Division 2 -- Safety and health committees

62A. Terms used
63. Functions of committees
64. Appointing employees’ representatives to committees
65. Obligation of employer to establish committee
66. Employee may request employer to establish committee
67. Referral of question to State mining engineer
67A. Employer may establish committee
67B. How committee to be constituted
67C. State mining engineer may determine matters for s. 67B
67D. Committee may cover more than one mine
67E. Varying s. 67B agreement etc., abolition of committee
67F. Review of State mining engineer’s decision
68. Procedure of committees

Division 3 -- Discrimination

68A. Discrimination against representatives in relation to employment
68B. Discrimination against representatives in relation to contract for services
68C. Alleged contravention of s. 68A or 68B may be referred to Tribunal
68D. Remedies for contravention of s. 68A or 68B
69. Discrimination against employees or prospective employees due to involvement in safety and health

PART 6 -- Resolution of safety and health issues

70. Duty of employer or manager to attempt to resolve issues
71. Inspector may be notified where issue unresolved
72. Refusal by employee to work in certain cases
73. Employee refusing to work may be given alternative work
74. Employees’ entitlements, continuation of
74A. Offences as to 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. Accidents involving disabling injury to be notified
77. Accident log book
78. Some occurrences at mines to be notified and recorded
79. Some potentially serious occurrences to be notified
80. Union representative entitled to inspect place of accident involving union member
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 of mines, keeping, producing etc.
88. Plans of mine at its abandonment or suspension
89. Record books, duties as to

PART 8 -- Ministerial safety and health powers

91. Minister may publish inspector’s report
92. Delegation by Minister
93. Codes of practice

PART 9 -- Offences, penalties and legal proceedings

Division 1 -- General provisions

94. General penalty
95. Continuing offences
96. Prosecutions, who may commence etc.
96A. Prosecutions to be determined by safety and health magistrate
97. Time limit for prosecutions
98. Evidentiary provisions
99. Liability of employers, managers etc. for offences by others
99A. Liability of employers, managers etc. for offences by others involving gross negligence
100. Liability of directors etc. for offences by corporation
100A. Liability of directors etc. for offences by corporation 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
101C. Court may order offender to elect to pay fine or enter into undertaking
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 etc. by Tribunal
102AA. Review of State mining engineer’s decisions made under regulations

PART 10 -- Final provisions

102A. Visitors to mines to comply with directions
103. Exemption from personal liability
104. Regulations
105A. Regulations for levy for costs of administering Act
105AB. Mines Safety Account
105. Regulations applicable to mine to be displayed 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

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