Work Health and Safety (Mines) Regulations 2022 (WA) - What you need to know.
On 15 December 2021, Minister Stephen Dawson MLC announced that the Work Health and Safety (WHS) laws will bring WA workplaces under a single WHS Act come March 2022.
Drafting the WHS regulations for all three sectors, which are needed to allow the WHS Act to be proclaimed, has been a very complex process. Recognising the importance of this legislation, the Government has allocated significant resources to the drafting process. Exposure drafts of the WHS regulations for the three sectors are now available.
Structure of Legislation
The WHS Act will be supported by three sets of standalone regulations each with different jurisdictions, meaning, where one set of regulations apply - the other remaining regulations will not apply. The Dangerous Goods Safety Act 2004, will continue to apply to mines.
Scope of the WHS (Mining) Regulations
The Work Health and Safety (Mines) Regulations 2022 will apply to current and future mines as well as exploration activities in Western Australia. The definition of 'mining operation' is basically unchanged from the current definition used in the Mines Safety and Inspection Act 1994 with the exception of a minor change excluding public ports that handle and ship products of mining for export.
General Provisions
Most of the provisions from the 2019 version of the WHS Regulations are adopted and replicated in the WHS (Mines) Regulations 2022 with very little changes. To ensure consistency between other jurisdictions operating under 'harmonized' legislation, the numbering of regulations will also remain aligned with the Model WHS Regulations.
Where subject matter is covered in both the WHS (General) Regulations and the WHS (Mines) Regulations (Chapter 10), cross-referencing will be provided in the mines chapter. Some licensing and registration provisions will not be replicated in the WHS (Mines) Regulations, including:
- High-Risk Work License (HRWL)
- Asbestos Removalist License
- Demolition Work License
- Registration of Classified Plant
- General Construction Induction Training (White Card)
Whilst not replicated, these provisions will be required for mines but obtained under WHS (General) Regulations.
Mining-Specific Regulations
All mining-specific regulations will be covered under chapter 10 of the WHS (Mines) Regulations with most duties in the chapter for the mine operator. Generally speaking, these regulations require mine operators to manage hazards and associated risks using risk management principles removing most of the prescriptive requirements of the Mines Safety and Inspection Regulations.
Mine Safety Management System (MSMS)
Arguably the most important new requirement under the WHS (Mines) Regulations is the requirement for a Mine operator to prepare, implement and maintain a Mine Safety Management System (MSMS) for the mine / exploration operation.
The MSMS must be kept updated to ensure effectiveness in managing health and safety risks of current operations and mine operators must set out its health and safety policy and broad aims of what is to be achieved by implementing the MSMS.
The transition period is two years (one year for development and one year for implementation).
What about the WHS (General) Regulations 2022 (WA)?
You can learn more about the General regulations in my other article (linked below).
Work Health and Safety (General) Regulations 2022 (WA) - What you need to know.
Exposure drafts of WHS regulations
- Work Health and Safety (General) Regulations 2022 (exposure draft)
- Work Health and Safety (Mines) Regulations 2022 (exposure draft)
- Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 (exposure draft)
Other applicable legislation
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