Western Australian Consolidated Acts

MINES SAFETY AND INSPECTION ACT 1994 - SECT 38

38 .         Alternate and deputy quarry managers, appointment and functions of

        (1)         If the quarry manager is to control and supervise the quarry operations in accordance with a commute schedule, the principal employer must appoint a person who is eligible to be appointed quarry manager for the quarry operations to be an alternate quarry manager to assume the duties of the quarry manager during the absences of the quarry manager in accordance with that commute schedule and must inform the district inspector for the region in which the mine is situated of the name and address of the alternate manager before the schedule begins.

        (2)         The principal employer must inform the district inspector for the region in which the mine is situate within 24 hours (by electronic document transmission confirmed by hard copy within 7 days) of every appointment of an alternate quarry manager for a mine.

        (3)         If the quarry manager or alternate quarry manager of a mine is incapacitated from performing his or her duties or is expected to be absent from the mine (otherwise than in accordance with a commute schedule) or unavailable to perform the duties of quarry manager, the principal employer must appoint an eligible person to act as the deputy of the quarry manager or alternate quarry manager during the period of incapacity, absence or unavailability.

        [(4)         deleted]

        (5)         A person who contravenes subsection (1), (2) or (3) commits an offence.

        (6)         A person is eligible to be appointed as a deputy quarry manager if that person is eligible to be appointed quarry manager for the quarry operations or holds a restricted quarry manager’s certificate of competency, or a certificate that is accepted as equivalent to such a certificate by the Board of Examiners, but a person who holds a restricted quarry manager’s certificate of competency (or equivalent) is not eligible to be appointed or to hold office as deputy quarry manager of a quarry operation employing 25 or more persons for more than 4 weeks on any occasion without the approval of the State mining engineer.

        [(7)         deleted]

        (8)         Each deputy quarry manager and alternate quarry manager appointed under this section is deemed to be the quarry manager and has the powers, functions and duties of a quarry manager under this Act for such periods of duty as the deputy or alternate has been appointed, but the appointment of a deputy or an alternate quarry manager does not relieve the quarry manager from responsibility for the exercise and performance of powers, functions and duties while serving as quarry manager.

        [Section 38 amended by No. 68 of 2004 s. 45.]