All the latest news in mine health and safety in NSW
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27 February 2019

In this issue:

Our compliance priorities

The Compliance Priorities Report sets out our key compliance priorities and focus areas for January to June 2019. These include WHS reporting obligations, tailing dam management, falling objects, fires on mobile plant, falls from height and supervision at mines.

The report also highlights our planned workshops and seminars, inspection program and targeted assessment programs. During the first half of 2019, targeted assessment programs will be undertaken in relation to the management of risks associated with airborne contaminants, diesel exhaust emissions, emergency planning, fatigue, as well as fire and explosion.

Shafts and winding systems

The NSW Code of Practice: Mine shafts and winding systems has been approved by Minister Harwin, Minister for Resources, under section 274 of the Work Health and Safety Act 2011 (WHS Act).

This code of practice provides guidance to assist mine operators in developing and implementing a principal hazard management plan for mine shafts and winding systems, as required under WHS laws.

View the code on our website.

Code of Practice - Mine shafts and winding systems

Examiners reports released

The following examiners reports are now available on our website.

Mining engineering manager of coal mines other than underground June - August 2018
Open cut examiner of coal mines other than underground June - August 2018
Underground mine supervisor (non-coal) November - December 2018
Mechanical engineering manager of underground coal mine March - October 2018
Deputy of underground coal mine September - November 2018

Attorney General appeal against sentence

The NSW Court of Criminal Appeal has upheld an appeal by the Attorney General against the inadequacy of a sentence ordered against Macmahon Mining Services Pty Ltd in 2016. The company pleaded guilty and was convicted in the District Court on 19 August 2016 for an offence under section 32 of the Work Health and Safety Act 2011 that caused the death of a worker at the CSA Mine in Cobar in 2013. The worker was fatally injured while riding in a large steel bucket known as a kibble. At the time of the incident, the kibble was being raised through an opening in the centre of a platform in a mine shaft below the surface of the mine.

In the original finding, the primary judge found that the offence fell in the low-range of objective seriousness and imposed a fine of $75,000 after allowing a discount of 25 per cent for Macmahon’s early guilty plea. This week, the NSW Court of Criminal Appeal quashed the original monetary penalty and ordered a new penalty of $375,000 in relation to the workplace fatality.

Prosecution summaries

Review of the model WHS laws

Last year, Safe Work Australia appointed an independent expert to lead the review into the model work health and safety (WHS) laws. The purpose of the review was to ensure that the laws are operating effectively. It included consultation with safety regulators, businesses, workers, unions, industry organisations, health and safety representatives, health and safety and legal practitioners, academics and community organisations.

The model WHS laws are made up of a model WHS Act, model WHS Regulations and model codes of practice.
SafeWork Australia has recently released the final report.

Further contact info:
Resources Regulator | Phone: 1300 814 609

Regional NSW, Resources Regulator
516 High St
Maitland, New South Wales 2320

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