INTRODUCTION
This booklet is to assist opal, gemstone and small gold and quarry operators to understand government requirements for improving safety and health at mines and quarries in Queensland. It answers some of the more frequently asked questions about safety and health and also provides information about the location and contact details of mines inspection staff.
The mining industry worldwide does not have a good safety and health record for its workers. For this reason, the Queensland Government regulates operations to protect the safety and health of people at mines and quarries through the:
• Mining and Quarrying Safety and Health Act 1999
• Mining and Quarrying Safety and Health Regulation 2001*.
Mining and quarrying safety and health law puts an obligation or responsibility on all persons at mines and quarries to ensure that the level of risk to the safety of persons is managed or kept under control in their workplace, and in any workplace in their area of responsibility.This law requires that the operational risk of injury and disease must be within acceptable limits and be as low as is reasonably achievable. It also places an
obligation on management to have a safe place of work and to maintain safe fixed and mobile plant.
The requirement to manage risk is not a big task. Most people do it in the normal course of their work. Risk is managed by following these steps:
• Identify hazards likely to cause injury or disease.These can include ground conditions, vehicles and other plant, explosives and other hazardous substances, dust, noise and other working conditions.
• Check to see that hazards are properly controlled. Is the ground support failing; are the brakes working; are explosives stored securely; are the water sprays keeping the dust down; are people using earmuffs in noisy locations?
• Decide if the level of risk of injury or disease from any hazard is too high to be acceptable.
• If the risk level is too high, do something to get the hazard under better control and so make the accident or exposure to the hazard less likely to happen, or do something to lessen the severity of the injury or disease if it does happen.
• If it is too late for that, get yourself and other people out of harm’s way.
Compared with previous legislation, the current Act and Regulation give you more freedom to use whatever methods suit your own operation to manage the risk of injury and disease better.The legislation also recognises that small operations do not need the same level of bureaucratic management systems and paperwork necessary in larger operations.
However, if a section of the Act or Regulation does specify the way a particular risk must be managed, or how a hazard must be controlled, you must comply with it. The Minister for Mines may issue a ‘Guideline’ explaining how to achieve an acceptable level of risk for a particular hazard.
With a Guideline, you have the option to follow it, or manage the risk in another way to achieve the same results. For situations that are not covered by the Act or the Regulation, you must still manage the risk.This may include following any applicable Australian standards or relevant workplace health and safety standards and, at the very least, following normal industry good practice.
Whatever you do to manage risk, you must do so by taking reasonable precautions and exercising proper diligence. The Act encourages workers to be involved in safety and health matters. In addition to the obligation to deal with hazards and manage risk, workers have the right, in cases of serious danger, to remove themselves to a safe place or to refuse to do a dangerous task.Workers can select site safety and health representatives, and take part in site safety and health committees. Trade unions are also involved through district workers’ representatives, who can inspect mines and quarries.
The legislation requires serious accidents and high potential incidents to be reported to an inspector.The reports are used to build up a database of incidents so that information can be fed back to operators and preventive action can be taken in the future.
Mines inspection staff of the Safety and Health Division from the Department of Natural Resources and Mines (NR&M) are responsible for administering the legislation, and for making sure that the level of safety and health at mines and quarries in Queensland is satisfactory.
Inspection staff carry out inspections and audits and investigate accidents, incidents and complaints. If they find that the level of risk is too high to be acceptable, they issue instructions or directions to reduce it. For further information on safety and health matters at mines and quarries, contact the mines inspection staff at the regional and district offices listed on the back of this booklet.
DEFINITIONS
Q. What is a ‘hazard’?
A hazard is the potential for loss or harm.
Q. What is a ‘risk’?
A risk is the chance of this potential being realised.
Q. What is ‘risk management’?
Risk management is the control of risk. It can be achieved by four basic steps:
• Identify the hazards.
• Measure the risks.
• Decide if you can live with it.
• Develop the controls.
QUESTIONS AND ANSWERS
General
Why do I need safety legislation in the first place?
I haven’t had an accident in my 25 years of mining experience. The Mining and Quarrying Safety and Health Act 1999 replaces the Mines Regulation Act 1964. The repealed Act was out of date and needed replacing
to reflect a modern-day approach to safety and health issues.The premise is for less prescriptive safety and health law.The guiding principle is for all persons to take ownership of safety and health matters on their mine sites and not rely on inspectors to point out defects.
Any miner who has worked for many years in the industry without an accident is to be congratulated. However, it is likely that the miner has had a number of near misses, so should make sure that the next near miss does not become a hit.
Are small mines really safer than big mines?
The short answer is no.There have been no less than eight fatal accidents in small mines, quarries and opal mines in Queensland in the past 20 years.This is about double the overall fatality rate for the State generally. The New South Wales Department of Mineral Resources records that about half their fatalities are in small mines. Information from the USA indicates that small mines are having more than their fair share of fatal accidents as well. It is a myth to suggest that small mines are safer than large mines.
If a small mine hasn’t had an accident for 20 years, doesn’t it mean that the mine will be accident-free in the future?
Was it good luck or good management that the mine is accident-free to date? If good luck, then time could be up next week. Many small mines have had a long, accident-free period before a fatal accident. Does the new legislation apply to a small mine where there are no paid employees?
The legislation is built on the following principles:
• All risks at a mine should be effectively controlled.
• All risks should be within acceptable limits and as low as is reasonably achievable.
• Everyone involved at a mine is accountable for the safe operation of the mine.
• Mine operators must manage the hazards at their mine; there is no provision for an inspector’s approval.
If there are no paid employees at a mine, this doesn’t cancel out any of these principles.Therefore the legislation does apply to all small mines.
Must the small mine operator comply with all legislative requirements?
Miners must comply as appropriate. Small and large mine operators must comply with the legislation by addressing the basic principles mentioned, the most important being risk management.
The risks at small mines are different from those at large mines because risks are influenced by the complexity and size of the mine. Therefore, the operation and method of controlling risk at a small mine may be simpler
than that at a large mine.The legislation recognises this and requires the small mine operator to carry out such obligations as are applicable. For example, mines with 10 workers or less do not have to document a safety and health management system.
Why does the legislation continue to make increasing demands on the small mine operator?
The new legislation basically seeks to achieve the same performance from all miners — that they mine at an acceptable level of risk, which is within acceptable limits and as low as is reasonably achievable.This requirement is non-negotiable.
The legislation does not prescribe how to carry out activities. It is up to all miners to make themselves aware of their statutory obligations and to operate in a manner that meets their obligations. Many miners, who previously met only the minimum safety standard, will need to improve their performance to achieve an acceptable level of risk.
The new legislation is designed to foster continuous improvement to achieve a risk that is acceptable and as low as is reasonably achievable.
How will the new legislation benefit small mines?
The new legislation is less prescriptive (there is less ‘do this’ or ‘do that’) and this means that each individual mine can manage its own risks in the way that suits best.The small mine operator can now focus on the real risk at the mine and not just things laid down in the previous prescriptive legislation. But there is a catch — risk management must be done honestly and thoroughly or it will be a waste of time.
Do I need to have a copy of the Mining and Quarrying Safety and Health Act 1999 as well as the Mining and Quarrying Safety and Health Regulation 2001 at my mine?
Yes you do. Under the Regulation, the site senior executive must ensure that the Act or Regulation is kept at the mine and is easily accessible by everyone.
Explosives
How is the Explosives Act applied?
The Explosives Act and Regulation apply to mines and quarries, with few exemptions. Explosive inspectors who are empowered under the Explosives Act enforce this Act in mines. What qualification/ticket do I need to buy and handle explosives?
You must hold a current Shotfirer’s Licence or have completed an explosives course that is consistent with an ANTA (Australian National Training Authority) competency. A Licence to Store Explosives is required to buy explosives.
What is meant by ‘the ability to reach a safe position, by walking at a normal pace, before the blasting happens’ in section 70 Blasting Procedures of the Mining and Quarrying Safety and Health Regulation 2001?
People can use any means of transport to reach a safe position before the blast goes off, but if the transport breaks down they must be able to walk out to a safe position.
Plant
What information about plant (machinery, equipment, appliances, pressure vessels and tools) do I need?
High-risk plant such as mobile machinery, earthmoving equipment and lifting equipment needs higher levels of control.This is because incidents due to failure of engineering controls, adverse operating environment or operator error could cause serious injury.
Owners, operators and maintainers of such plant must have sufficient information on:
• what the plant is capable of doing without compromising safety
• transport, storage, installation and commissioning requirements
• instructions for its safe operation and safe maintenance
• servicing, monitoring and maintenance requirements for continued safety
• warnings about the plant and its safe use.
What records on plant do I need to keep?
The paperwork should be ‘minimum but appropriate’. Records help people to make the right decisions about the safe use of plant. Records are especially important to the people who service and repair plant.You should maintain a written record of servicing, repair, modification, inspection, testing, damage or abnormal occurrence.Work on critical areas such as brake and steering systems should include dates and details of work done, parts used, testing, and names of persons carrying out the work.
Records should also help the people who have obligations under the Mining and Quarrying Safety and Health Act 1999 to demonstrate the extent to which they have fulfilled their obligations, in case of an accident involving plant.
Does an equipment supplier have an obligation to provide training?
Not directly; it is the site senior executive who must ensure that each worker is trained. Under section 41(4) of the Mining and Quarrying Safety and Health Act 1999, a designer, manufacturer, importer or supplier of plant has an obligation to ensure that appropriate information about the plant is available.This includes information so that people can be properly trained to operate the plant safely.
Electrics
What is electrical work?
Electrical work is defined in the Electricity Act 1994. It is the work of installing or repairing any apparatus or equipment used for generating, transmitting, supplying or using electricity. Electrical installation work is the work of installing, altering or adding to an electrical installation and includes supervision of that work.
What are examples of things that are not electrical work?
• Removing cables after they have been disconnected from the supply and tested ‘for dead’ by an electrician.
• Push button testing of safety switches.
Who can perform electrical work?
Under the Electricity Act 1994, electrical work must be performed only by a licensed electrician; however, there are certain exemptions.
What could happen if I perform electrical work?
• If you make a mistake you could electrocute yourself or someone else.
• You could cause a fire that could destroy property and possibly nullify your insurance.
• You could be prosecuted under the Mining and Quarrying Safety and Health Act 2001 and the Electricity Act 1994.
Is it necessary to appoint in writing someone to control electrical work?
Yes.The site senior executive needs to appoint a person in writing and that person needs to accept the position in writing.This is covered under sections 17 and 18 of the Mining and Quarrying Safety and Health Regulation 2001.
What is this person meant to do?
This person should:
• perform and control all electrical work undertaken at a mine
• provide advice on the type of equipment that is suitable for use at the mine
• perform regular testing and inspection of the electrical installation and equipment in use at the mine
• test and tag extension leads and portable tools to help ensure they continue to be safe to use.
What are some of the more important things I need to think about with electricity?
• Don’t use damaged or faulty equipment – get it repaired or replaced.
• Don’t perform your own electrical work.
• Keep cable, plugs and equipment dry and ensure they cannot be damaged by impact from falling rocks or equipment.
• Don’t overload equipment – it may burn out or cause a fire.
• Make sure cables are big enough for the job – if they are too small, voltage reduction might be a problem or they might overheat and cause a fire.
• Pay attention to housekeeping – oil, fuel, grease, rags and other materials stored near the generator or near electrical equipment can cause fires.
• Use industrial grade equipment that is fit for use in a mining environment. Household equipment is not tough enough for use at a mine but is generally suitable for the office.
What is a safety switch and why do I need one?
A safety switch is a device that detects earth faults in cables or equipment. After detecting a fault it will automatically disconnect supply to the faulty part or equipment. Safety switches can save lives and are required under the Mining and Quarrying Safety and Health Regulation 2001.
Can I install my own safety switch?
Yes, if it is a portable plug-in type unit; but no, if it needs to be permanently connected. An electrician must install a permanent unit on the supply. If you use a portable power board with a safety switch installed within it, be sure that you use only leads that are plugged into protected outlets of the unit.
When do I need to test the safety switch and what types of tests are required?
• Ideally the safety switch should be tested regularly via its push button.
• It is recommended that your electrician tests the tripping current and tripping time of the device at least once a year to ensure it is still providing adequate protection.
• If the safety switch is faulty do not use the supply until it is repaired or replaced.
What other protective devices do I need?
Short circuit, earth fault and overload protection on all electrical circuits is a mandatory requirement under the Mining and Quarrying Safety and Health Regulation 2001. Short-circuit protection will detect insulation failure in the system and act to disconnect supply. Overload protection will disconnect supply if too much current is being drawn by equipment, that is, the equipment is being overloaded.These devices can provide protection against fire and prevent unnecessary burnout of motors.
Have there been many accidents during welding work?
Yes, there have been many such accidents, including fatalities from both electric shock and explosions.You should:
• wear the proper personal protective equipment
• keep the welders in good condition
• check the welders regularly
• use voltage-limiting devices.
DO NOT weld fuel tanks or other fuel containers.
Fitness and health
How can I carry out health surveillance of workers?
You should consult your local doctor. In addition, the Australian Lung Foundation has a ‘LungBus’ which travels around the State and carries out health surveillance of mine and quarry workers by arrangement.
Does a health assessment have to be carried out personally by a doctor?
Any health professional can carry out the assessment as long as it is under the supervision or instruction of an appropriate doctor.
Who arranges and pays for fitness assessments and medical surveillance?
The worker’s employer (the mine operator or the contractor, as the case may be) arranges and pays for it.
What is the definition of a ‘visitor’?
A visitor is any person on site who is not a worker.
How do I assess the fitness or health of a visitor?
An appropriate way is by asking the visitor if they have any health problems, or by getting them to fill out and sign a simple questionnaire.
What do I do if, say, a court orders me to produce medical records which have been kept confidential?
Consult your legal representative and resolve the problem through the legal system.
What is the basic first aid required in induction training?
The requirement is for ‘basic life support’ to keep an injured person alive until professional medical
help arrives. It could consist of CPR (cardiopulmonary resuscitation), EAR (expired air resuscitation), stopping the bleeding and treating for shock.
Communications
What standard of communication do I need for my remote mine camp?
You need an effective and reliable means to convey messages, particularly in an emergency. This could include a mobile phone, sat-phone or two-way radio, either at the camp, or perhaps at a station nearby.
If I employ 10 persons or less at my mine, what paperwork do I have to make available on site to my employees?
The legislation requires that appropriate paperwork be available.Where several employees are present you will need, for example, an emergency procedure (with contact numbers) and a record of messages and directives given by inspectors.When an inspector next visits, ask for any other documentation required.
The new legislation demands a mine record. Does this mean I have to write everything down?
The paperwork should be the minimum and what is appropriate for the size of operation. It may be sufficient to keep a diary of work done and related safety and health matters.
Inspectors
A lot of bureaucrats are interested in what I do with my small mine. They all want information and want to see my mine. Why can’t I deal with one person and do it all at once?
The Government’s interest in the mine will vary; the inspector of mines is interested primarily in safety and health aspects of the mine workers. Other government agencies may wish to discuss tenement or environmental issues with you.
What notifications do I have to give to NR&M officers?
Your obligations to notify NR&M officers cover administrative, environmental, and safety and health matters.You must contact the appropriate person in these areas from NR&M for details on legislative obligations. It would be good sense to speak to your mines inspector first. See contact numbers on the back of this booklet.
I employ 10 persons or less at my mine. What paperwork do I have to send to the inspectorate, and when?
The Act and Regulation require the holder, operator and site senior executive to notify the inspectorate on various issues and events.
These include:
• Initial information from the holder of the name and address of the operator; a description of the land comprising the mine; and a description of the mine workings, mobile and fixed plant used, and treatment method.
• The operator must also advise of the appointment, including name and address, of the site senior executive.
• All serious injuries or high potential incidents occurring at the mine.
I am self-employed and work my mine with my family. It appears that the legislation that applies to me is inches thick. Do I need a solicitor to advise me?
You are entitled to use a solicitor, but a visit to, or from, your mines inspector will probably be of more benefit.The inspector’s main concern and function is to ensure the safety of you and your family when mining.The inspector will discuss safety issues and explain the requirements of the safety legislation to you. If certain hazards are found, the inspector may require you to fix them and will discuss with you the period of time for fixing them.
I do not employ anyone at my mine at which I am present for about 20 weeks a year. I rarely see mines inspectors and do not know what they are there for. Can you assist?
The role of a mines inspector is to visit your mine to review and evaluate the safety and health aspects of your operation.The inspector will evaluate any hazards found at the mine; check that you are properly managing them; and provide advice and information on safety and health matters, if necessary.
How can an inspection by an inspector benefit a small mine and its employees?
• By monitoring risk management and, perhaps, identifying hazards that have not been recognised.
• By offering advice on methods to manage risk and on how others are managing risk at their mines.
Is an inspector allowed to come onto my tenure?
All mines inspectors, inspection officers and district workers’ representatives have authority under the Act to enter a mine and are therefore not trespassing.
I transport my mining product to my home to sort and process. Does an inspector have any authority under the Act to enter my home?
No, but the inspector may enter the premises to an extent that is reasonable to contact you. In certain circumstances, the inspector is entitled to request a magistrate for a warrant.
How do I know this person is a mines inspector?
Mines inspectors, inspection officers and district workers’ representatives wear a uniform, and the shirt has both the Queensland Government logo and their name. In addition, they will carry signed identity cards containing a recent photograph that is always available for inspection.
Does an inspector’s vehicle have a logo or other identification?
No.Vehicles used by inspectors do not normally have distinct identification. However, on occasions they may have Queensland Government licence plates or the departmental logo on the side.
Note
If you have a question that you would like answered in the next issue of this booklet, please contact your local mines inspector.