Mine Work Health and Safety Laws

National Developments

To support the national Model Work Health and Safety (WHS) Laws, Safe Work Australia, in conjunction with the National Mine Safety Framework Steering Group, is developing mine safety regulations and codes of practice.

Public comment on the national regulatory impact statement on these documents closed on 16 December 2011.

Further information on national Model WHS Laws, including proposed mine safety regulations and codes of practice, can be found at

www.safeworkaustralia.gov.au/Legislation/Pages/ModelWHSLegislation.aspx 

Model WHS Laws in Tasmania

On 1 December 2011 the Legislative Council amended the start date of the Work Health and Safety Bill 2011 to 1 January 2013. The Bill must now return to the House of Assembly (in 2012) for consideration of this change.

Tasmania Mine Safety Laws

Tasmania will await the finalization of the model WHS Regulations for mines to determine the extent to which they meet Tasmania’s needs and whether or not further provisions will be required under additional mine safety laws.

Tasmania commenced new mine safety laws in February 2011 to give effect to the recommendations made by two Coroners and a Legislative Council Select Committee regarding mine safety legislation. These new laws were incorporated into the Workplace Health and Safety Act 1995 and the Workplace Health and Safety Regulations 1998.

The Tasmanian Government is committed to both the adoption of the model WHS Regulations for mines, which have substantial similarities with the State’s new laws, and the retention of requirements introduced in response to the abovementioned recommendations.

More time for Tasmanian small mines to implement health and safety management systems and major hazard management plans

When Tasmania’s new mine safety laws commenced in 2011, some mines were given until 1 January 2012 to implement certain requirements, relating to health and safety management systems and major hazard management plans. This applied to existing mines where the total hours worked per month is less than 3,000 hours (referred to here as small mines).

The Director of Industry Safety has given notice, changing this date to 1 January 2013.

This means that where a small mine was in operation on or before 28 February 2011 (when new mine safety laws came into effect) the date for implementing a health and safety management system as required by section 32S of the Workplace Health and Safety Act is 1 January 2013. In addition, for such mines, the date for implementing major hazard management plans (for each major hazard identified through hazard identification and risk assessment required by the regulations) as required by Workplace Health and Safety Regulation 128AE(1)(a) is 1 January 2013.