NSW OHS legislation amendments

The Occupational Health and Safety Amendment (Application to Mining Workplaces and Coal Workplaces) Regulation 2008 has expanded, with consequences for mining workplaces and coal mines.

The Occupational Health and Safety Amendment (Application to Mining Workplaces and Coal Workplaces) Regulation 2008 has expanded the application of the Occupational Health and Safety Regulation 2001 to mining workplaces and coal mines.

While occupational health and safety matters for the mining industry will continue to fall under the jurisdiction of New South Wales Department of Primary Industries (DPI), some licensing/permissioning functions will be administratively coordinated through the following arrangements:

1. Notification of Adverse Health Results Adverse health results consistent with exposure to hazardous substances that may have occurred at coal workplaces or mining workplaces are to be notified to NSW DPI. Notification of adverse health results that may have occurred in all other NSW workplaces is to be notified to WorkCover NSW.

2. Notification of Work Involving a Carcinogenic Substance Carcinogenic substances used at coal or mining workplaces are to be notified to NSW DPI. Use of carcinogenic substances in all other NSW workplaces is to be notified to WorkCover NSW.

3. Notification of Lead Risk Work Lead Risk Work occurring at coal workplaces or mining workplaces are to be notified to NSW DPI. Lead Risk Work occurring in all other NSW workplaces is to be notified to WorkCover NSW. The Lead Risk Work Notifications Guideline is to be used when completing the Lead Risk Work Notification Form.

4. Notification of Bonded Asbestos work All bonded asbestos work notifications must be notified to WorkCover NSW regardless of the location. WorkCover NSW will forward bonded asbestos removal work notifications occurring at coal workplaces or mining workplaces to the NSW DPI satisfying the new requirements of the Occupational Health and Safety Regulation 2001.

5. Notification of Demolition Work (other than work for which a Permit is in force) All demolition work notifications must be notified to WorkCover NSW regardless of the location. WorkCover NSW will forward demolition work notifications occurring at coal workplaces or mining workplaces to the NSW DPI satisfying the new requirements of the Occupational Health and Safety Regulation 2001.

6. General Plant identified in part 1 of the table in Clause 113 of the Occupational Health and Safety Regulation 2001. In respect to Plant, Item Registration will remain the responsibility of WorkCover NSW and existing WorkCover NSW plant item registration forms must be used.

7. General Plant identified in part 1 of the table in Clause 107 of the Occupational Health and Safety Regulation 2001. In respect to Plant, Design Registration will remain the responsibility of WorkCover NSW and existing WorkCover NSW plant design registration forms must be used.

Item and design registration for mining-specific plant (clauses 107 & 113 of the Occupational Health and Safety Regulation 2001) must be made to the NSW DPI. Notifications for Adverse Health Results, Use of Carcinogenic Substances or Lead Risk Work inadvertently made to WorkCover NSW that are able to be identified that they relate to a coal workplaces or mining workplaces will be sent to the NSW DPI and will therefore satisfy the new requirements of the Occupational Health and Safety Regulation 2001.

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