Safety regulation Regulations around the country

The Australian mining industry has made major improvements in health and safety over the last decade, significantly reducing the incidence of fatalities and serious injuries.

The sector’s core value is its commitment to the safety, health and psychological wellbeing of its workforce, where everyone who goes to work returns home safe and healthy. And industry regulation is a key component of this obligation.

But there is always room for improvement. As they say, one workplace fatality is one too many.

While the industry’s fatality rate has decreased, it remains the third highest of any industry in Australia.

Mining comes with any number of inherent risks, including body stress, manual handling and musculoskeletal disorders, slips trips and falls, and being hit by moving objects or machinery, as well as working with high-risk plant in instances where it has not been properly maintained.

And while the industry works to eliminate fatalities, injuries and occupational illnesses, with a strong focus on building and sustaining respectful workplaces, state and territory regulators are responsible for enforcing integrated and holistic frameworks designed to ensure stakeholders understand and comply with all of their safety obligations.

The mining industry recognises that continuous effort is needed in areas of leadership, people, culture, behaviour and systems, working collaboratively with all stakeholders and supported by risk-based regulation.

As with integrated safety and health practices across varied operations, the industry seeks an integrated approach from governments to support a growing, diverse and mobile workforce. This integrated approach should not detract from the practical task of identifying hazards, managing, and controlling risks, and the continuous improvement of safety and health outcomes.

The Australian Government does not regulate work health and safety

(WHS) in the mining industry –that is the responsibility of the states and territories.

New South Wales

The Work Health and Safety (Mine and Petroleum Sites) Act 2013 and Health and Safety (Mines and Petroleum Sites) Regulation 2014 are the two frameworks that regulate WHS requirements for NSW mining.

The NSW Resources Regulator plays a varied role, including receiving and considering complaints, alleged breaches of the Mining Act and safety incident notifications, conducting inspections and investigations and taking enforcement action such as issuing prohibition, among others.

Victoria

Chapter 5.3 of the Occupational Health and Safety Regulations 2017 (OHS Regulations) regulates WHS requirements for Victoria.

These regulations build on the Occupational Health and Safety Act

2004 (OHS Act) and set out how to fulfil duties and obligations, and particular processes that support the OHS Act.

The OHS Regulations came into effect on June 18 2017 and replaced the (old) OHS Regulations 2007.

WorkSafe Victoria is the state’s workplace health and safety regulator.

Queensland

As one of the most resource-rich states, there are four acts and regulations that regulate Queensland’s WHS requirements:

• Mining and Quarrying Safety and Health Act 1999

• Mining and Quarrying Safety and Health Regulation 2017

• Coal Mining Safety and Health Act 1999

• Coal Mining Safety and Health Regulation 2017

Other laws may impact on safety and health for specific activities, including the Explosives Act 1999 and the Radiation Safety Act 1999

The Queensland Department of Resources is responsible for the regulation of the state’s mining health and safety.

Western Australia

Like Queensland, WA is another of the most resource-rich states in Australia. However, only one act and one regulation cover the WHS requirements for the state: Mine Safety and Inspection Act 1994 and Mines Safety and Inspection Regulations 1995

The Department of Mines, Industry, Regulation and Safety is responsible for the regulation of the state’s mining sector after the merging of the Department of Commerce and Department of Mines and Petroleum.

South Australia

Chapter 10 of the Work Health and Safety Regulations 2021 (SA) regulates the WHS requirements for mining in SA. SafeWork SA is responsible for advice and education on WHS, providing licences and registration for workers and plant, investigating workplace incidents and enforcing WHS laws in the state.

Tasmania

The Mines Work Health and Safety (Supplementary Requirements) Act 2012 and Mines Work Health and Safety (Supplementary Requirements)

Regulations 2012 set the WHS requirements for Tasmania.

Amendments to the Work Health and Safety Regulations 2012 came into effect on December 22 2021 and included updating reference to the Workplace Exposure Standard for Airborne Contaminants to give effect to reduced limits for lead (inorganic dusts and fumes) and silica (crystalline) dust and inserting a new regulation (regulation 216A) which deals with safe use of quad bikes, among other things.

WorkSafe Tasmania is the body responsible for the regulation of the state’s mining health and safety.

Australian Capital Territory

One act and one regulation set the WHS requirements for the ACT: Mines Health and Safety Act 2011 and Work Health and Safety Regulation 2011

Northern Territory

The Work Health and Safety (National Uniform Legislation) Act and chapter 10 (Mines) of the Work Health and Safety (National Uniform Legislation) Regulations set the WHS requirements for the NT.

The legislation covers five areas:

• Workplace health and safety

• Works rehabilitation and compensation

• Transport, storage and use of dangerous goods

• Electrical safety

• Transport and storage of radioactive ores and concentrates

NT WorkSafe is a division under the Department of Attorney-General and Justice responsible for assisting businesses and workers understand their obligations under work health and safety.

The acts and regulation, and the regulatory bodies, that are at work in each state and territory help Australia to reduce the rates of fatalities and serious injuries in the mining industry.