These specific OHS regulations for mining came into effect on July 1, 2007. Enforcement at mines was previously carried out by the Department of Primary Industries (DPI), however since January 2008, WorkSafe has taken over the responsibility for the administration of OHS in Victoria's resource industries (mining, quarrying, onshore petroleum production and geothermal energy).
NOTE: this chapter of the regulations does not apply to quarries.
Below is a summary of the main parts of this chapter.
- Division 1 - Introductory matters, including definition of a mine, a mining hazard, and other matters.
- Division 2 - Safety duties of mine operators
- Division 3 - Consultation and information
- Division 4 - Duties of employees
Division 1 - Introductory matters
This division explains a number of key terms in this part, including:
399 What is a mine?
A mine is a workplace at which work is being done with a mining or exploration licence granted under the Mineral Resources (Sustainable Development) Act 1990: a workplace at which exploration in the form of underground work of any kind, or drilling from the surface for coal bed methane; and in relation to a tourist mine, those parts of the mine that are underground and all infrastructure and plant associated with the underground workings of the mine.
400 What is a mining hazard?
A mining hazard is any activity, procedures, plant, process, substance, situation, etc that could pose a risk to health or safety in relation to a very long list of conditions, such as slope stability, rock falls, gas outbursts, loss of ventilation, air quality, etc.
401 - 403 On 'prescribed mines' These are either an underground mine, or a mine (or class of mines) determined to be 'prescribed' by the Authority.
Division 2 - Safety duties of mine operators
Subdivision 1 - Risk control in all mines
404 - 406 Identification of hazards and assessment and control of risk
The operator of a mine must, so far as is reasonably practicable, identify all mining hazards and assess the risks to health or safety associated with those risks, having regard to:
- the nature of the mining hazard; and
- the likelihood of the hazard causing or contributing to any harm of any person; and
- the severity of the harm that may be caused.
The risk must be controlled (so far as reasonably practicable) by eliminating it or reducing it as far as practicable according to the hierarchy of control, that is by:
- substitution of a new activity, procedure, plant, process or substance;
- isolation of persons from the hazard; then
- engineering controls;
- a combination of these;
- then and only once these have been used, administrative controls.
If any controls are used and a risk remains, then appropriate PPE must be provided.
The operator must review and if necessary revise the identification of mining hazards, and the assessment and control of risks:
- before any mine modification; or
- after any incident involving a mining hazard occurs; or
- if the operator removes a person as a result of health surveillance; or
- after receiving a request from an OHS rep; and
- in any case, at least every 3 years.
Subdivision 2 - Specific safety duties in all mines.
This subdivision does not limit Subdivision 1 in any way and covers the following:
408 Who may enter a mine
The operator has a duty to ensure that:
- no person other than an inspector or an ARREO enters the mine without permission
- no person under 16 is engaged to carry out work in any open cut workings, or in an underground mine
- no person under 18 works underground unless the person is over 16 AND is an apprentice or trainee under DIRECT supervision by a suitably qualified and experience supervisor authorised by the operator in line with the conditions in part (2) of this regulation.
(note: this section has been amended and now provides mine operators with more flexibility to hire young workers in certain circumstances)
409 Alcohol and drugs
The operator of a mine must:
- develop and implement strategies to protect persons at the mine from any risk to their health or safety arising from the consumption of alcohol or the use of drugs by any person;
- ensure the strategies include risk control measures on the presence and use of alcohol and drugs during working hours;
- ensure that a person who may be adversely affected by alcohol or durgs does not enter or remain at the mine;
- ensure that a person only uses drugs at the mine if a registered medical practitioner has prescribed the drugs and authorised their use at the mine.
410 Employee fatigue
The operator must develop and implement strategies for the control of any risk to health or safety associated with employee fatigue. The strategies must include work arrangements that eliminate employee fatigue so far as reasonably practicable.
411 - 414 Health monitoring
The operator must arrange for ongoing health monitoring of an employee (and independent contractor) who:
- is either exposed to a mining hazard that could have an adverse effect on their health, OR
- if in consultation with a registered medical practitioner, given the nature of the work, the health of an employee could expose that employee or others to a risk to health or safety.
The monitoring may include a medical examination which must be conducted
- only in relation to the employee's work at the mine;
- by, or under the supervision of, a registered medical practitioner;
- at a frequency determined by the operator in consultation with the medical practitioner.
The operator must ensure that the person conducting the monitoring prepares a report of results that includes:
- an explanation of the results of the monitoring; and
- any indication of adverse health effects identified; and
- any recommendations by the medical practitioner as to measures the operator should take in relation to the person's work.
The operator must obtain a copy of the report and, under regulation 20(2)(a), make a copy available to the employee to whom it relates as soon as reasonably possible.
The operator must notify the Authority in writing if any health monitoring report indicates adverse health effects to any person, and if, as a result of the report, that person is removed or assigned alternative work.
The operator must provide the original health monitoring report to the person if the person ceases to work at the mine.
415 - 416 Communication
An operator must ensure that:
- if any employee is working alone at an isolated location at a mine, there are means for effective communication (this replaces 'constant' in the 2007 regulations); and
- there is a system by which
- the supervisor of each outgoing shift provides a written report to the supervisor of the incoming shift on the state of the mine workings and plant, and any other matters relating to health or safety; and
- the supervisor of the incoming shift communicates the content of the report to the employees of that shift.
Subdivision 3 - Additional duties in prescribed mines
This subdivision applies to mines that the Authority deems 'prescribed' under 401 - 403, mines with increased risks.
An operator of a 'prescribed' mine must establish and implement a safety management system to provide a comprehensive and integrated system for all risk control measures implemented under reg 405. The Safety Management System must (418 - 423):
- be the primary means of ensuring the safe operation of the mine
- be documented
- be clearly set out and expressed
- contain a description of the safety assessment and the operator's safety policy
- set out the systems, procedures and other risk control measures to control hazards
- set out performance standards for measuring the effectiveness of the safety management system
- set out the way the performance standards are to be met
- set out the processes, including method and frequency, for the audit of the effectiveness of the plan against performance standards
- be kept available for inspection on request
- be reviewed
- before a mine modification is made
- after an incident occurs
Further, the operator must conduct a comprehensive and systematic assessment of the measures documented in the Safety Assessment to assess the risks, cumulatively as well as individually; describe the methods used in the investigation and analysis, and more.
424 Safety role for employees
The operator of a prescribed mine must develop a role for the employees, including the specific procedures employees are required to follow to assist the operator to:
- identify mining hazards under reg 404
- implement, review and test risk control measures under regs 405, 406, and 423
- establish and implement a safety management system
- conduct and document a safety assessment
The operator must review the role of employees if there is any change of circumstances, including a mine modification, that would require additional or different knowledge or skills on the part of employees.
Further sections in this subdivision (425 - 438) set out in some detail the duties of the operator of a prescribed mine with respect to:
- shafts and winding
- progress of mine workings
- emergency exit additional to the exit normally used
- working environment - ensuring that the air is maintained at a safe level (safe oxygen level and ensuring it does not contain a harmful level of contaminant or impurity) where persons may work or may travel, the atmosphere so as to prevent thermal stress, the moisture so as to enable work to be performed safely, and adequate lighting
- ventilation system and monitoring, testing and recording of it
- prohibition of use of an internal combustion engine or polyurethane foam
- emergency plan and response - to be prepared in conjunction with relevant emergency services and local municipal councils. The plan is to be kept and send to relevant emergency services and local municipal councils; and tested.
- means of 'self-rescue'
- mine plan
Division 3 - Consultation and information
439 Consultation with employees and health and safety representatives
The operator of a mine must consult in relation to:
- developing and implementing strategies with relation to reg 409 (alcohol and drugs), and 410 (fatigue); and
- in the case of a prescribed mine -
- implementing a safety management system; and
- conducting a safety assessment; and
- developing a safety role for employees (reg 424); and
- preparing, reviewing and revising an emergency plan.
440 Information about adoption of control measures
If, after consulting as per s35 of the OHS Act, the operator adopts a risk control measure in the relation to a major mining hazard, the operator must inform the health and safety rep and, if there is no rep, the employees of:
- reasons for adopting the measure; and
- the reasons for rejecting any alternative risk control measures taht had been discussed during the consultation.
441 - 442 Information, instruction and training
The operator must provide information, instruction and training to employees of the operator in relation to:
- all mining hazards at the mine
- the implementation of risk control measures
- the strategies developed in relation to alcohol and drugs, and fatigue
- in the case of prescribed mines -
- the content and implementation of the safety management system
- the emergency plan
- the safety role for employees
The operator must monitor and review if necessary the information, instruction and training to ensure it remains relevant and effective; must make make a record of all training and keep those records while the employee is employed at the mine.
443 Further information
The operator of a prescribed mine must ensure that the following documents are readily accessible to employees:
- the documented safety management system
- the emergency plan
- the plan of the mine
444 Response to employee alert at prescribed mine
If an employee gives information about a major mining hazard under regulation 448(c), the operator must inform the employee of what, if any, investigative or other action has been taken in response to that information.
445 Information to visitors
The operator of a mine must ensure that any person other than an employee of the operator who enters a mine is, as soon as possible after entering
- informed about any mining hazards to which they may be exposed
- instructed in the safety precautions they should take while at the mine
- in the case of a prescribed mine, instructed about the action they should take in an emergency.
446 Information to job applicants
The employer must provide prospective employees information about the purpose, type and nature of any medicals examinations and other health monitoring required, prior to them being employed.
Division 4 - Duties of employees
447 General Requirements
An employee of an operator must:
- wear or use the appropriate PPE or rescue equipment provided by the operator;
- follow all instructions given by the operator in complying with the regulation;
- alert immediate co-workers to any mining hazard to which he/she becomes aware;
- inform the operator if he/she observes any person who 'appears to be in such condition as to be a danger' to him/herself or anyone else;
- not enter or remain at the mine if adversely affected by alcohol or drugs;
- not, without the permission of the operator, take into the mine any alcohol, or any drugs that may adversely affect the employee (whether or not a registered medical practitioner has prescribed the drugs and authorised their use at work);
- in the event of an incident involving a mining hazard, take corrective action, without placing anyone at risk, according to the instruction and training received - even if this action interrupts the operation of the mine.
448 Major mining hazards in prescribed mines
An employee at a prescribed mine must:
- participate in the testing of the emergency plan;
- follow the emergency plan when it is activated;
- immediately inform the operator of any circumstance of any kind that the employee considers might be a major mining hazard.
- The full text of the regulations can be viewed and downloaded from the Victorian Legislation and Parliamentary Documents
- The WorkSafe webpage on mines provides advice, publications and more.
Last amended April 2020