❓ A WA parliamentary question seeks specific regulations regarding occupational health in mining, prompting a limited response focused on ventilation and gas monitoring. The question highlights concerns about hygiene, hazardous substances, and worker wellbeing.
AnsweredQoN 2714Legislative Council
QuestionView source ↗
I refer to the article in the
Kalgoorlie Miner
dated Saturday 5 June 2010, ‘Battlefield claims baffle Moore’, which in part states, ‘The safety of mine workers remains a priority’, and ask -
(1) Can the Minister state and quote the specific text from the
Mines Safety and Inspection Act 1994 and Regulations 1995,
which relate to the following areas of Occupational Health in both above ground and underground mining operations, -
(a) unclean and unhygienic toilet facilities, both underground and on the surface;
(b) insufficient numbers of toilets within a reasonable distance of the active working headings in an underground mine;
(c) unclean and unhygienic crib room facilities, both underground and on the surface;
(d) unclean and unhygienic change room facilities;
(e) hazardous and toxic substances and chemicals whether in the ore body, used in the mining process, used in processing ore or stored and/or disposed of as a by-product of processing ore;
(f) heat stress wether from the sun on the surface or demanding conditions and lack of adequate ventilation underground;
(g) fatigue and low morale, whether as a result of demanding rosters and workloads or from unlawful work practises by management, including but not limited to bullying, victimisation, intimidation, discrimination, and harassment;
(h) toxic, asphyxiant and explosive gases in both underground and surface mines, whether produced by blasting or from any other source;
(i) dust, diesel particulates, asbestos, and other such hazardous substances in both underground and surface mines;
(j) excessive noise; and
(k) bullying, victimisation, intimidation, discrimination and harassment?
(2) If no to (1), why not?
(3) If yes to (1), will the Minister state the maximum penalty for all breaches of each section referred to?
(4) In relation to (1), does the Minister consider the occupational health, of which these areas are a small sample, of mine workers to be a priority as well as the occupational safety as referred to in the newspaper article referred to above?
(5) If yes to (4), why?
(6) If no to (4), why not?
Kalgoorlie Miner
dated Saturday 5 June 2010, ‘Battlefield claims baffle Moore’, which in part states, ‘The safety of mine workers remains a priority’, and ask -
(1) Can the Minister state and quote the specific text from the
Mines Safety and Inspection Act 1994 and Regulations 1995,
which relate to the following areas of Occupational Health in both above ground and underground mining operations, -
(a) unclean and unhygienic toilet facilities, both underground and on the surface;
(b) insufficient numbers of toilets within a reasonable distance of the active working headings in an underground mine;
(c) unclean and unhygienic crib room facilities, both underground and on the surface;
(d) unclean and unhygienic change room facilities;
(e) hazardous and toxic substances and chemicals whether in the ore body, used in the mining process, used in processing ore or stored and/or disposed of as a by-product of processing ore;
(f) heat stress wether from the sun on the surface or demanding conditions and lack of adequate ventilation underground;
(g) fatigue and low morale, whether as a result of demanding rosters and workloads or from unlawful work practises by management, including but not limited to bullying, victimisation, intimidation, discrimination, and harassment;
(h) toxic, asphyxiant and explosive gases in both underground and surface mines, whether produced by blasting or from any other source;
(i) dust, diesel particulates, asbestos, and other such hazardous substances in both underground and surface mines;
(j) excessive noise; and
(k) bullying, victimisation, intimidation, discrimination and harassment?
(2) If no to (1), why not?
(3) If yes to (1), will the Minister state the maximum penalty for all breaches of each section referred to?
(4) In relation to (1), does the Minister consider the occupational health, of which these areas are a small sample, of mine workers to be a priority as well as the occupational safety as referred to in the newspaper article referred to above?
(5) If yes to (4), why?
(6) If no to (4), why not?
AnswerView source ↗
Answered
13 October 2010
Responded by
Minister for Mines and Petroleum
Response time
36 days
The manager of an underground mine must ensure that ventilating air provided for the mine is of sufficient volume, velocity and quality — (a) to remove atmospheric contaminants resulting from blasting and other mining operations in the time allowed for that purpose; and (b) to maintain a healthy atmosphere in workplaces during working hours by reducing the level of atmospheric contaminants in the workplace to levels as low as are practicable. Penalty: See regulation 17.1. MSIR 1995 regulation 9.22. Fumes from blasting (4) The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — (a) toxic gases arising from the blasting have not been effectively dispersed; or (b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1. MSIR 1995 regulation 9.29. Monitoring of toxic, asphyxiant and explosive gases (1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(a) to remove atmospheric contaminants resulting from blasting and other mining operations in the time allowed for that purpose; and (b) to maintain a healthy atmosphere in workplaces during working hours by reducing the level of atmospheric contaminants in the workplace to levels as low as are practicable. Penalty: See regulation 17.1. MSIR 1995 regulation 9.22. Fumes from blasting (4) The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — (a) toxic gases arising from the blasting have not been effectively dispersed; or (b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1. MSIR 1995 regulation 9.29. Monitoring of toxic, asphyxiant and explosive gases (1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(b) to maintain a healthy atmosphere in workplaces during working hours by reducing the level of atmospheric contaminants in the workplace to levels as low as are practicable. Penalty: See regulation 17.1. MSIR 1995 regulation 9.22. Fumes from blasting (4) The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — (a) toxic gases arising from the blasting have not been effectively dispersed; or (b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1. MSIR 1995 regulation 9.29. Monitoring of toxic, asphyxiant and explosive gases (1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
Penalty: See regulation 17.1. MSIR 1995 regulation 9.22. Fumes from blasting (4) The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — (a) toxic gases arising from the blasting have not been effectively dispersed; or (b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1. MSIR 1995 regulation 9.29. Monitoring of toxic, asphyxiant and explosive gases (1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
MSIR 1995 regulation 9.22. Fumes from blasting (4) The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — (a) toxic gases arising from the blasting have not been effectively dispersed; or (b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1. MSIR 1995 regulation 9.29. Monitoring of toxic, asphyxiant and explosive gases (1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(4) The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — (a) toxic gases arising from the blasting have not been effectively dispersed; or (b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1. MSIR 1995 regulation 9.29. Monitoring of toxic, asphyxiant and explosive gases (1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1.
Penalty: See regulation 17.1.
(1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
Penalty: See regulation 17.1.
(b) of inhalable dust does not exceed 10.0 milligrams per cubic metre of air. Penalty: See regulation 17.1 .
Penalty: See regulation 17.1 .
Penalty: See regulation 17.1.
(1) If any contaminant asbestos occurs at a mine, the manager of the mine must ensure that — (a) such action is taken as is necessary to protect the health of employees at the mine from the effects of the asbestos; and (b) the district inspector is notified in writing of that occurrence. Penalty: See regulation 17.1. (2) If in the course of any mining operation at a mine it is necessary to assess exposure to airborne asbestos fibres, the manager of the mine must ensure that the assessment is carried out using the method specified in the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres. Penalty: See regulation 17.1. (3) For the purposes of subregulation (2), a countable fibre is taken to be defined in the document referred to in that subregulation as any object having a maximum width of 1 micrometre or less and a length exceeding 5 micrometres. MSIR 1995 regulation 10.29. Sulphide dust ignitions The manager of an underground mine in which minerals in the form of sulphides are present must ensure that - (a) the risk of sulphide dust ignition is thoroughly evaluated before mining operations commence at the mine; (b) procedures and work practices are developed and followed that minimize the risk of an explosion; and (c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
(b) the district inspector is notified in writing of that occurrence. Penalty: See regulation 17.1.
Penalty: See regulation 17.1.
MSIR 1995 regulation 10.29. Sulphide dust ignitions The manager of an underground mine in which minerals in the form of sulphides are present must ensure that - (a) the risk of sulphide dust ignition is thoroughly evaluated before mining operations commence at the mine; (b) procedures and work practices are developed and followed that minimize the risk of an explosion; and (c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
The manager of an underground mine in which minerals in the form of sulphides are present must ensure that - (a) the risk of sulphide dust ignition is thoroughly evaluated before mining operations commence at the mine; (b) procedures and work practices are developed and followed that minimize the risk of an explosion; and (c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
(a) the risk of sulphide dust ignition is thoroughly evaluated before mining operations commence at the mine; (b) procedures and work practices are developed and followed that minimize the risk of an explosion; and (c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
(b) procedures and work practices are developed and followed that minimize the risk of an explosion; and (c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
(c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
(a) so far as is practicable, by engineering noise control (that is reducing noise level or peak noise level); and (b) to the extent that it is not practicable to comply fully with paragraph (a) by engineering noise control, by reducing the length of time the person receives noise. Penalty: See regulation 17.1.
(b) to the extent that it is not practicable to comply fully with paragraph (a) by engineering noise control, by reducing the length of time the person receives noise. Penalty: See regulation 17.1.
Penalty: See regulation 17.1.
(3) MSIA 1994 section 9A. Breaches of section 9(1) (1) If an employer contravenes section 9(1) in circumstances of gross negligence, the employer commits an offence and is liable to a level 4 penalty. (2) If - (a) an employer — (i) contravenes section 9(1); and (ii) by the contravention causes the death of, or serious harm to, an employee; and (b) subsection (1) does not apply, the employer commits an offence and is liable to a level 3 penalty . (3) If - (a) an employer contravenes section 9(1); and (b) neither subsection (1) nor subsection (2) applies, the employer commits an offence and is liable to a level 2 penalty. (4) An employer charged with an offence under — (a) subsection (1) may, instead of being convicted of that offence, be convicted of an offence under subsection (2) or (3); or (b) subsection (2) may, instead of being convicted of that offence, be convicted of an offence under subsection (3). MSIA 1994 section 4A. Penalty levels defined (1) Where a person is liable to a level one penalty for an offence against this Act the person is liable - (a) if the offence was committed by the person as an employee — (i) for a first offence, to a fine of $5 000; and (ii) for a subsequent offence, to a fine of $6 250; (b) if paragraph (a) does not apply - (i) in the case of an individual - (i) for a first offence, to a fine of $25 000; and (ii) for a subsequent offence, to a fine of $31 250; or (ii) in the case of a corporation - (i) for a first offence, to a fine of $50 000; and (ii) for a subsequent offence, to a fine of $62 500. (2) Where a person is liable to a level 2 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $100 000; and (ii) for a subsequent offence, to a fine of $125 000; or (b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000. (3) Where a person is liable to a level 3 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000; or (b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000. (4) Where a person is liable to a level 4 penalty for an offence against this Act the person is liable- (a) in the case of an individual - (i) for a first offence, to a fine of $250 000 and imprisonment for 2 years; and (ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years; or (b) in the case of a corporation - (i) for a first offence, to a fine of $500 000; and (ii) for a subsequent offence, to a fine of $625 000. MSIR 1995 regulation 17.1. General penalty The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(3) MSIA 1994 section 9A. Breaches of section 9(1) (1) If an employer contravenes section 9(1) in circumstances of gross negligence, the employer commits an offence and is liable to a level 4 penalty. (2) If - (a) an employer — (i) contravenes section 9(1); and (ii) by the contravention causes the death of, or serious harm to, an employee; and (b) subsection (1) does not apply, the employer commits an offence and is liable to a level 3 penalty . (3) If - (a) an employer contravenes section 9(1); and (b) neither subsection (1) nor subsection (2) applies, the employer commits an offence and is liable to a level 2 penalty. (4) An employer charged with an offence under — (a) subsection (1) may, instead of being convicted of that offence, be convicted of an offence under subsection (2) or (3); or (b) subsection (2) may, instead of being convicted of that offence, be convicted of an offence under subsection (3). MSIA 1994 section 4A. Penalty levels defined (1) Where a person is liable to a level one penalty for an offence against this Act the person is liable - (a) if the offence was committed by the person as an employee — (i) for a first offence, to a fine of $5 000; and (ii) for a subsequent offence, to a fine of $6 250; (b) if paragraph (a) does not apply - (i) in the case of an individual - (i) for a first offence, to a fine of $25 000; and (ii) for a subsequent offence, to a fine of $31 250; or (ii) in the case of a corporation - (i) for a first offence, to a fine of $50 000; and (ii) for a subsequent offence, to a fine of $62 500. (2) Where a person is liable to a level 2 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $100 000; and (ii) for a subsequent offence, to a fine of $125 000; or (b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000. (3) Where a person is liable to a level 3 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000; or (b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000. (4) Where a person is liable to a level 4 penalty for an offence against this Act the person is liable- (a) in the case of an individual - (i) for a first offence, to a fine of $250 000 and imprisonment for 2 years; and (ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years; or (b) in the case of a corporation - (i) for a first offence, to a fine of $500 000; and (ii) for a subsequent offence, to a fine of $625 000. MSIR 1995 regulation 17.1. General penalty The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(2) If - (a) an employer — (i) contravenes section 9(1); and (ii) by the contravention causes the death of, or serious harm to, an employee; and (b) subsection (1) does not apply, the employer commits an offence and is liable to a level 3 penalty .
the employer commits an offence and is liable to a level 3 penalty .
(b) neither subsection (1) nor subsection (2) applies, the employer commits an offence and is liable to a level 2 penalty.
the employer commits an offence and is liable to a level 2 penalty.
(b) subsection (2) may, instead of being convicted of that offence, be convicted of an offence under subsection (3).
(1) Where a person is liable to a level one penalty for an offence against this Act the person is liable - (a) if the offence was committed by the person as an employee — (i) for a first offence, to a fine of $5 000; and (ii) for a subsequent offence, to a fine of $6 250; (b) if paragraph (a) does not apply - (i) in the case of an individual - (i) for a first offence, to a fine of $25 000; and (ii) for a subsequent offence, to a fine of $31 250; or (ii) in the case of a corporation - (i) for a first offence, to a fine of $50 000; and (ii) for a subsequent offence, to a fine of $62 500. (2) Where a person is liable to a level 2 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $100 000; and (ii) for a subsequent offence, to a fine of $125 000; or (b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000. (3) Where a person is liable to a level 3 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000; or (b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000. (4) Where a person is liable to a level 4 penalty for an offence against this Act the person is liable- (a) in the case of an individual - (i) for a first offence, to a fine of $250 000 and imprisonment for 2 years; and (ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years; or (b) in the case of a corporation - (i) for a first offence, to a fine of $500 000; and (ii) for a subsequent offence, to a fine of $625 000. MSIR 1995 regulation 17.1. General penalty The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(ii) for a subsequent offence, to a fine of $6 250;
(i) for a first offence, to a fine of $25 000; and (ii) for a subsequent offence, to a fine of $31 250; or (ii) in the case of a corporation -
(ii) for a subsequent offence, to a fine of $31 250; or (ii) in the case of a corporation -
or (ii) in the case of a corporation -
(ii) in the case of a corporation -
(ii) for a subsequent offence, to a fine of $62 500. (2) Where a person is liable to a level 2 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $100 000; and (ii) for a subsequent offence, to a fine of $125 000; or (b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000. (3) Where a person is liable to a level 3 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000; or (b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000. (4) Where a person is liable to a level 4 penalty for an offence against this Act the person is liable- (a) in the case of an individual - (i) for a first offence, to a fine of $250 000 and imprisonment for 2 years; and (ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years; or (b) in the case of a corporation - (i) for a first offence, to a fine of $500 000; and (ii) for a subsequent offence, to a fine of $625 000. MSIR 1995 regulation 17.1. General penalty The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(2) Where a person is liable to a level 2 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $100 000; and (ii) for a subsequent offence, to a fine of $125 000; or (b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000. (3) Where a person is liable to a level 3 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000; or (b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000. (4) Where a person is liable to a level 4 penalty for an offence against this Act the person is liable- (a) in the case of an individual - (i) for a first offence, to a fine of $250 000 and imprisonment for 2 years; and (ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years; or (b) in the case of a corporation - (i) for a first offence, to a fine of $500 000; and (ii) for a subsequent offence, to a fine of $625 000. MSIR 1995 regulation 17.1. General penalty The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(ii) for a subsequent offence, to a fine of $125 000;
(b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000.
(ii) for a subsequent offence, to a fine of $250 000.
(ii) for a subsequent offence, to a fine of $250 000;
(b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000.
(ii) for a subsequent offence, to a fine of $500 000.
(ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years;
(ii) for a subsequent offence, to a fine of $625 000.
The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(a) if the offence was committed by the person as an employee —
(ii) for a subsequent offence, a fine of $6 250; (b) if paragraph (a) does not apply - (i) in the case of an individual - (i) for a first offence, a fine of $25 000; and (ii) for a subsequent offence, a fine of $31 250; or (ii) in the case of a corporation - (i) for a first offence, a fine of $50 000; and (ii) for a subsequent offence, a fine of $62 500. (4) Yes (5) The objects of the MSIA 1994 include “ to promote, and secure the safety and health of persons engaged in mining operations ”. (6) Not applicable Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on http://www.rtlib.com
(ii) for a subsequent offence, a fine of $31 250;
(ii) in the case of a corporation -
(ii) for a subsequent offence, a fine of $62 500. (4) Yes (5) The objects of the MSIA 1994 include “ to promote, and secure the safety and health of persons engaged in mining operations ”. (6) Not applicable Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on http://www.rtlib.com
(a) to remove atmospheric contaminants resulting from blasting and other mining operations in the time allowed for that purpose; and (b) to maintain a healthy atmosphere in workplaces during working hours by reducing the level of atmospheric contaminants in the workplace to levels as low as are practicable. Penalty: See regulation 17.1. MSIR 1995 regulation 9.22. Fumes from blasting (4) The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — (a) toxic gases arising from the blasting have not been effectively dispersed; or (b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1. MSIR 1995 regulation 9.29. Monitoring of toxic, asphyxiant and explosive gases (1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(b) to maintain a healthy atmosphere in workplaces during working hours by reducing the level of atmospheric contaminants in the workplace to levels as low as are practicable. Penalty: See regulation 17.1. MSIR 1995 regulation 9.22. Fumes from blasting (4) The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — (a) toxic gases arising from the blasting have not been effectively dispersed; or (b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1. MSIR 1995 regulation 9.29. Monitoring of toxic, asphyxiant and explosive gases (1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
Penalty: See regulation 17.1. MSIR 1995 regulation 9.22. Fumes from blasting (4) The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — (a) toxic gases arising from the blasting have not been effectively dispersed; or (b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1. MSIR 1995 regulation 9.29. Monitoring of toxic, asphyxiant and explosive gases (1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
MSIR 1995 regulation 9.22. Fumes from blasting (4) The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — (a) toxic gases arising from the blasting have not been effectively dispersed; or (b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1. MSIR 1995 regulation 9.29. Monitoring of toxic, asphyxiant and explosive gases (1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(4) The manager of a mine must ensure that procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where — (a) toxic gases arising from the blasting have not been effectively dispersed; or (b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1. MSIR 1995 regulation 9.29. Monitoring of toxic, asphyxiant and explosive gases (1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(b) the oxygen level may be depleted to a hazardous extent. Penalty: See regulation 17.1.
Penalty: See regulation 17.1.
(1) Each responsible person at a mine must ensure that adequate precautions are taken to monitor, and control the risk from, the formation or emission of toxic, asphyxiant and explosive gases in the mine. (2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(2) Penalty: See regulation 17.1. (3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(3) If gases such as hydrogen cyanide, hydrocarbons, carbon dioxide, radon, sulphur dioxide, hydrogen sulphide, carbon monoxide, or methane are likely, suspected or known to be generated or emitted in a mine, the manager of the mine must ensure that the district inspector and employees at the mine are notified of the precautions that have been taken to monitor, and control the risks from, those gases. (4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(4) Penalty: See regulation 17.1. (5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(5) The manager of an underground mine must ensure that, in any workplace in that mine, the atmosphere does not contain more than 12500 ppm, or 1.25% by volume, of methane. (6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(6) Penalty: See regulation 17.1. (7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(7) If in any operation at a mine toxic, asphyxiant or explosive gas is emitted into the atmosphere in any travelway or other workplace, the manager of the mine must ensure that, where practicable, a monitoring device or monitoring devices are installed in the mine to give adequate warning of when the peak or STEL level of gas concentration is being approached. (8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(8) If any monitoring device is installed as provided in subregulation (4), the manager of the mine must ensure that adequate notices are erected in or about the mine informing persons of — (a) the meaning of the warnings given by the device; and (b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
(b) what action is required to be taken in the event of any such warning being given by the device. Penalty: See regulation 17.1.
Penalty: See regulation 17.1.
(b) of inhalable dust does not exceed 10.0 milligrams per cubic metre of air. Penalty: See regulation 17.1 .
Penalty: See regulation 17.1 .
Penalty: See regulation 17.1.
(1) If any contaminant asbestos occurs at a mine, the manager of the mine must ensure that — (a) such action is taken as is necessary to protect the health of employees at the mine from the effects of the asbestos; and (b) the district inspector is notified in writing of that occurrence. Penalty: See regulation 17.1. (2) If in the course of any mining operation at a mine it is necessary to assess exposure to airborne asbestos fibres, the manager of the mine must ensure that the assessment is carried out using the method specified in the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres. Penalty: See regulation 17.1. (3) For the purposes of subregulation (2), a countable fibre is taken to be defined in the document referred to in that subregulation as any object having a maximum width of 1 micrometre or less and a length exceeding 5 micrometres. MSIR 1995 regulation 10.29. Sulphide dust ignitions The manager of an underground mine in which minerals in the form of sulphides are present must ensure that - (a) the risk of sulphide dust ignition is thoroughly evaluated before mining operations commence at the mine; (b) procedures and work practices are developed and followed that minimize the risk of an explosion; and (c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
(b) the district inspector is notified in writing of that occurrence. Penalty: See regulation 17.1.
Penalty: See regulation 17.1.
MSIR 1995 regulation 10.29. Sulphide dust ignitions The manager of an underground mine in which minerals in the form of sulphides are present must ensure that - (a) the risk of sulphide dust ignition is thoroughly evaluated before mining operations commence at the mine; (b) procedures and work practices are developed and followed that minimize the risk of an explosion; and (c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
The manager of an underground mine in which minerals in the form of sulphides are present must ensure that - (a) the risk of sulphide dust ignition is thoroughly evaluated before mining operations commence at the mine; (b) procedures and work practices are developed and followed that minimize the risk of an explosion; and (c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
(a) the risk of sulphide dust ignition is thoroughly evaluated before mining operations commence at the mine; (b) procedures and work practices are developed and followed that minimize the risk of an explosion; and (c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
(b) procedures and work practices are developed and followed that minimize the risk of an explosion; and (c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
(c) procedures are developed and followed that prevent injury or harm to the health of any person in the event of a sulphide dust ignition following blasting.
(a) so far as is practicable, by engineering noise control (that is reducing noise level or peak noise level); and (b) to the extent that it is not practicable to comply fully with paragraph (a) by engineering noise control, by reducing the length of time the person receives noise. Penalty: See regulation 17.1.
(b) to the extent that it is not practicable to comply fully with paragraph (a) by engineering noise control, by reducing the length of time the person receives noise. Penalty: See regulation 17.1.
Penalty: See regulation 17.1.
(3) MSIA 1994 section 9A. Breaches of section 9(1) (1) If an employer contravenes section 9(1) in circumstances of gross negligence, the employer commits an offence and is liable to a level 4 penalty. (2) If - (a) an employer — (i) contravenes section 9(1); and (ii) by the contravention causes the death of, or serious harm to, an employee; and (b) subsection (1) does not apply, the employer commits an offence and is liable to a level 3 penalty . (3) If - (a) an employer contravenes section 9(1); and (b) neither subsection (1) nor subsection (2) applies, the employer commits an offence and is liable to a level 2 penalty. (4) An employer charged with an offence under — (a) subsection (1) may, instead of being convicted of that offence, be convicted of an offence under subsection (2) or (3); or (b) subsection (2) may, instead of being convicted of that offence, be convicted of an offence under subsection (3). MSIA 1994 section 4A. Penalty levels defined (1) Where a person is liable to a level one penalty for an offence against this Act the person is liable - (a) if the offence was committed by the person as an employee — (i) for a first offence, to a fine of $5 000; and (ii) for a subsequent offence, to a fine of $6 250; (b) if paragraph (a) does not apply - (i) in the case of an individual - (i) for a first offence, to a fine of $25 000; and (ii) for a subsequent offence, to a fine of $31 250; or (ii) in the case of a corporation - (i) for a first offence, to a fine of $50 000; and (ii) for a subsequent offence, to a fine of $62 500. (2) Where a person is liable to a level 2 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $100 000; and (ii) for a subsequent offence, to a fine of $125 000; or (b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000. (3) Where a person is liable to a level 3 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000; or (b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000. (4) Where a person is liable to a level 4 penalty for an offence against this Act the person is liable- (a) in the case of an individual - (i) for a first offence, to a fine of $250 000 and imprisonment for 2 years; and (ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years; or (b) in the case of a corporation - (i) for a first offence, to a fine of $500 000; and (ii) for a subsequent offence, to a fine of $625 000. MSIR 1995 regulation 17.1. General penalty The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(3) MSIA 1994 section 9A. Breaches of section 9(1) (1) If an employer contravenes section 9(1) in circumstances of gross negligence, the employer commits an offence and is liable to a level 4 penalty. (2) If - (a) an employer — (i) contravenes section 9(1); and (ii) by the contravention causes the death of, or serious harm to, an employee; and (b) subsection (1) does not apply, the employer commits an offence and is liable to a level 3 penalty . (3) If - (a) an employer contravenes section 9(1); and (b) neither subsection (1) nor subsection (2) applies, the employer commits an offence and is liable to a level 2 penalty. (4) An employer charged with an offence under — (a) subsection (1) may, instead of being convicted of that offence, be convicted of an offence under subsection (2) or (3); or (b) subsection (2) may, instead of being convicted of that offence, be convicted of an offence under subsection (3). MSIA 1994 section 4A. Penalty levels defined (1) Where a person is liable to a level one penalty for an offence against this Act the person is liable - (a) if the offence was committed by the person as an employee — (i) for a first offence, to a fine of $5 000; and (ii) for a subsequent offence, to a fine of $6 250; (b) if paragraph (a) does not apply - (i) in the case of an individual - (i) for a first offence, to a fine of $25 000; and (ii) for a subsequent offence, to a fine of $31 250; or (ii) in the case of a corporation - (i) for a first offence, to a fine of $50 000; and (ii) for a subsequent offence, to a fine of $62 500. (2) Where a person is liable to a level 2 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $100 000; and (ii) for a subsequent offence, to a fine of $125 000; or (b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000. (3) Where a person is liable to a level 3 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000; or (b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000. (4) Where a person is liable to a level 4 penalty for an offence against this Act the person is liable- (a) in the case of an individual - (i) for a first offence, to a fine of $250 000 and imprisonment for 2 years; and (ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years; or (b) in the case of a corporation - (i) for a first offence, to a fine of $500 000; and (ii) for a subsequent offence, to a fine of $625 000. MSIR 1995 regulation 17.1. General penalty The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(2) If - (a) an employer — (i) contravenes section 9(1); and (ii) by the contravention causes the death of, or serious harm to, an employee; and (b) subsection (1) does not apply, the employer commits an offence and is liable to a level 3 penalty .
the employer commits an offence and is liable to a level 3 penalty .
(b) neither subsection (1) nor subsection (2) applies, the employer commits an offence and is liable to a level 2 penalty.
the employer commits an offence and is liable to a level 2 penalty.
(b) subsection (2) may, instead of being convicted of that offence, be convicted of an offence under subsection (3).
(1) Where a person is liable to a level one penalty for an offence against this Act the person is liable - (a) if the offence was committed by the person as an employee — (i) for a first offence, to a fine of $5 000; and (ii) for a subsequent offence, to a fine of $6 250; (b) if paragraph (a) does not apply - (i) in the case of an individual - (i) for a first offence, to a fine of $25 000; and (ii) for a subsequent offence, to a fine of $31 250; or (ii) in the case of a corporation - (i) for a first offence, to a fine of $50 000; and (ii) for a subsequent offence, to a fine of $62 500. (2) Where a person is liable to a level 2 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $100 000; and (ii) for a subsequent offence, to a fine of $125 000; or (b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000. (3) Where a person is liable to a level 3 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000; or (b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000. (4) Where a person is liable to a level 4 penalty for an offence against this Act the person is liable- (a) in the case of an individual - (i) for a first offence, to a fine of $250 000 and imprisonment for 2 years; and (ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years; or (b) in the case of a corporation - (i) for a first offence, to a fine of $500 000; and (ii) for a subsequent offence, to a fine of $625 000. MSIR 1995 regulation 17.1. General penalty The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(ii) for a subsequent offence, to a fine of $6 250;
(i) for a first offence, to a fine of $25 000; and (ii) for a subsequent offence, to a fine of $31 250; or (ii) in the case of a corporation -
(ii) for a subsequent offence, to a fine of $31 250; or (ii) in the case of a corporation -
or (ii) in the case of a corporation -
(ii) in the case of a corporation -
(ii) for a subsequent offence, to a fine of $62 500. (2) Where a person is liable to a level 2 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $100 000; and (ii) for a subsequent offence, to a fine of $125 000; or (b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000. (3) Where a person is liable to a level 3 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000; or (b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000. (4) Where a person is liable to a level 4 penalty for an offence against this Act the person is liable- (a) in the case of an individual - (i) for a first offence, to a fine of $250 000 and imprisonment for 2 years; and (ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years; or (b) in the case of a corporation - (i) for a first offence, to a fine of $500 000; and (ii) for a subsequent offence, to a fine of $625 000. MSIR 1995 regulation 17.1. General penalty The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(2) Where a person is liable to a level 2 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $100 000; and (ii) for a subsequent offence, to a fine of $125 000; or (b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000. (3) Where a person is liable to a level 3 penalty for an offence against this Act the person is liable - (a) in the case of an individual - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000; or (b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000. (4) Where a person is liable to a level 4 penalty for an offence against this Act the person is liable- (a) in the case of an individual - (i) for a first offence, to a fine of $250 000 and imprisonment for 2 years; and (ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years; or (b) in the case of a corporation - (i) for a first offence, to a fine of $500 000; and (ii) for a subsequent offence, to a fine of $625 000. MSIR 1995 regulation 17.1. General penalty The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(ii) for a subsequent offence, to a fine of $125 000;
(b) in the case of a corporation - (i) for a first offence, to a fine of $200 000; and (ii) for a subsequent offence, to a fine of $250 000.
(ii) for a subsequent offence, to a fine of $250 000.
(ii) for a subsequent offence, to a fine of $250 000;
(b) in the case of a corporation — (i) for a first offence, to a fine of $400 000; and (ii) for a subsequent offence, to a fine of $500 000.
(ii) for a subsequent offence, to a fine of $500 000.
(ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years;
(ii) for a subsequent offence, to a fine of $625 000.
The penalty for an offence committed by a person against a provision of these regulations that refers to this regulation is – (a) if the offence was committed by the person as an employee —
(a) if the offence was committed by the person as an employee —
(ii) for a subsequent offence, a fine of $6 250; (b) if paragraph (a) does not apply - (i) in the case of an individual - (i) for a first offence, a fine of $25 000; and (ii) for a subsequent offence, a fine of $31 250; or (ii) in the case of a corporation - (i) for a first offence, a fine of $50 000; and (ii) for a subsequent offence, a fine of $62 500. (4) Yes (5) The objects of the MSIA 1994 include “ to promote, and secure the safety and health of persons engaged in mining operations ”. (6) Not applicable Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on http://www.rtlib.com
(ii) for a subsequent offence, a fine of $31 250;
(ii) in the case of a corporation -
(ii) for a subsequent offence, a fine of $62 500. (4) Yes (5) The objects of the MSIA 1994 include “ to promote, and secure the safety and health of persons engaged in mining operations ”. (6) Not applicable Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on http://www.rtlib.com
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