Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016

Reprint as at 7 August 2020

Coat of Arms of New Zealand

Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016

(LI 2016/17)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 15th day of February 2016

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

These regulations are made under sections 23(1)(e), 24(1)(m), 211, and 218 and clause 5 of Schedule 3 of the Health and Safety at Work Act 2015—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Workplace Relations and Safety made after complying with sections 217 and 219 of that Act.

Contents

1Title
2Commencement
Part 1
Preliminary provisions and declaration of excluded tunnelling operations
Interpretation
3Interpretation
4Meaning of fresh air
Transitional, savings, and related provisions
5Transitional, savings, and related provisions
Excluded tunnelling operations
6Declaration of excluded tunnelling operations
Part 2
Safety-critical roles and competency requirements
Subpart 1—Site senior executive
7Appointment of site senior executive
8Competency requirements for appointment as site senior executive
9Notice of appointment of site senior executive
10WorkSafe may advise appointment not suitable
11Mine operator must ensure site senior executive has sufficient resources
12Appointment of acting site senior executive during temporary absence
Subpart 2—Manager
13Manager of mining operation
14Manager of quarrying operation
15Manager of alluvial mining operation
16Manager must hold certificate
17Certificate of competence of manager of metalliferous mining operation
18Certificate of competence of manager of underground coal mining operation
19Certificate of competence of manager of opencast coal mining operation
20Certificate of competence of manager of tunnelling operation
21Certificate of competence of manager of quarrying operation
22Certificate of competence of manager of alluvial mining operation
23Acting manager
24Notification of appointment of manager or acting manager
25Mine operator must ensure workers comply with instructions of manager or acting manager
Subpart 3—Other safety-critical roles
26Electrical superintendent
27Mechanical superintendent
28Mine surveyor
29Ventilation officer
30Underviewer
31Supervisor
32Other workers required to hold certificates
33Appointment of person to more than 1 role
Subpart 4—Certificates of competence and other competence requirements
34WorkSafe may prescribe requirements
35Certificates of competence
36Application for certificate of competence
37Application to contain evidence
38Requirements for holding certificate of competence
39Investigations by Board
40Use of information
41Board to issue certificate of competence
42Duration of certificate of competence
43Continuing professional development condition of certificate
44Renewal of certificate of competence
45Cancellation or suspension of certificate of competence
46Replacement of certificate of competence
47Register
48Access to register
49Appeal to District Court
Competency requirements for mine workers
50Supervision of untrained mine workers
Competencies of inspectors who inspect mining operations
51Competencies of inspectors who inspect mining operations
Part 3
Health and safety management system
Subpart 1—Responsibility for health and safety management system
52Mine operator must ensure health and safety management system developed, documented, implemented, and maintained
53Site senior executive must develop, document, implement, and maintain health and safety management system
Subpart 2—Risk appraisal and risk assessment
54Risk appraisal
55Risk assessment
Subpart 3—Content of health and safety management system
56Content of health and safety management system
Subpart 4—Review, consultation, and records
57Auditing and monitoring of health and safety management system
58Periodic review of health and safety management system
59Additional reviews of health and safety management system
60Engagement
61Maintenance of records of health and safety management system
Subpart 5—Providing health and safety management system documentation to mine workers
62Providing health and safety management system documentation to mine workers
63Providing health and safety management system documentation to contractor
64Duty to provide instruction
Part 4
Principal hazard management plans
65Meaning of principal hazard
66Site senior executive responsible for identifying principal hazards and having principal hazard management plan
67General purposes of principal hazard management plans
68Content of principal hazard management plans
69Review and revision of principal hazard management plans
70Audits of principal hazard management plans
Ground or strata instability
71Principal hazard management plans for ground or strata instability
Inundation and inrush
72Meaning of inundation and inrush
73Consideration of whether inundation and inrush is a principal hazard
74Principal hazard management plans for inundation and inrush
75Additional ground of review of principal hazard management plans relating to inundation and inrush
76Obligations relating to work in inrush control zone
Mine shafts and winding systems
77Principal hazard management plans for mine shafts and winding systems
78Additional requirements for principal hazard management plans in relation to automatic winding systems
79Additional requirements for principal hazard management plans in relation to dual-purpose shafts
Roads and other vehicle operating areas
80Principal hazard management plans for roads and other vehicle operating areas
Tips, ponds, and voids
81Principal hazard management plans for tips, ponds, and voids
82Risk reassessment in relation to tips, ponds, and voids
83Inspection of tips
Air quality: managing dust and other airborne contaminants
84Principal hazard management plans for air quality
Fire or explosion
85Principal hazard management plan for fire or explosion
Explosives
86Principal hazard management plan for explosives
Gas outbursts
87Principal hazard management plan for gas outbursts
Spontaneous combustion
88Appraisal of likelihood of spontaneous combustion occurring required at all underground coal mining operations
89Ongoing review of information about spontaneous combustion
90Principal hazard management plan for spontaneous combustion
91Recording of spontaneous combustion events
Part 5
Principal control plans
92Site senior executive responsible for having principal control plans
93General purpose of principal control plans
94Review and revision of principal control plans
95Audits of principal control plans
Subpart 1—Mechanical engineering
96Application
97Risk assessment in relation to mechanical engineering control plan
98Mechanical engineering control plan
Subpart 2—Electrical engineering
99Application
100Electrical engineering control plan
Subpart 3—Ventilation
101Application
102Ventilation control plan
Subpart 4—Emergency management
103Application
104Consultation with emergency services
105Emergency management control plan
106Testing, etc, of emergency management control plan
Subpart 5—Worker health
107Application
108Worker health control plan
Part 6
Worker participation practices
109Worker participation practices must be documented
110Competency requirements for appointment as industry health and safety representative
111Form of identity cards
Information required in relation to appointment of industry health and safety representative
112Notice to WorkSafe in relation to appointment of industry health and safety representative
Register of industry health and safety representatives
113Register of industry health and safety representatives
Action following reporting of hazard by mine worker
114Mine operator must investigate reported hazard
115Mine operator must advise mine worker of result of investigation
Part 7
Specific duties in all mining operations
116Application
Ground or strata instability
117Installation of ground or strata support
118Obligations relating to ground or strata support
Roads and other vehicle operating areas
119Roads and other vehicle operating areas
120Operation of mobile plant by authorised mine workers only
Defects discovered during inspection of tips
121Defects discovered during inspection of tips
Explosives
122Explosives
Conveyor belts
123Conveyor belts
Emergency
124Crush injuries and rescue of trapped or injured persons
125Treatment and transport of sick and injured mine workers
126Resuscitation equipment
Worker health monitoring
127Mine worker health monitoring
128Mine workers to be given results of monitoring
129Records to be kept and provided to mine workers
Part 8
Specific duties in underground mining operations and tunnelling operations
130Application
Ground or strata failure
131Steps to be taken following ground or strata failure
Inundation and inrush
132Holes to be kept in advance of working places
133Information to workers
134Connection to be investigated
135Holing into old workings
136Protection against inundation and inrush
137Stopping of work
Mine shafts and winding systems
138Equipment for raising and lowering mine workers, coal, minerals, or material
139Operation of manually operated winders and slope haulage or hoist equipment
Ventilation
140Separation of airways
141Air quality and temperature
142Measurement of air from fans
143Quantity and velocity of air
144Ventilation fans other than auxiliary fans
145Auxiliary fans
146Additional requirements for auxiliary fans installed in underground coal mining operations
147Starting, stopping, etc, of fans
148Ventilation of work areas to be adequate before entry
149Withdrawal of mine workers if ventilation inadequate
150Quantity of air to be measured
151Plan of ventilation system to be updated every month
152Application of regulation 153
153Ventilation
154Exposure to diesel emissions
155Assessment of hazards associated with fuel additives
Fire and explosion
156Use of petrol engines prohibited
157Fire protection and early warning systems
158Testing for methane
159Application of regulations 160 to 162
160Sparks or naked flames
161Restrictions on hot work
162Monitoring for methane
163Mine worker must inform person in charge of hazard from methane or noxious gas
164Withdrawal of mine workers when high level of methane present
165Combustible material
Emergency
166Competent person at surface when mine workers underground
167Emergency contact details
168Self-rescuers
169Training in use of self-rescuers
170Escapeways in underground coal mining operation
171Escapeways in underground metalliferous mining operations and tunnelling operations
172Additional requirements for escapeways in underground metalliferous mining operations
173Changeover stations and refuges
174Navigational aids
175Communications systems
176Continued monitoring of atmospheric conditions underground during emergency
Part 9
Specific duties in underground coal mining operations only
177Application
Ventilation
178Failure of ventilation system
179Air across and to working face
180Sealed goafs
181Position and electricity supply of main ventilation fan
182Ventilation control devices
183Standards for sealing
Sealing underground coal mining operation
184Facilities required for sealing
185Notice of intention to seal underground coal mining operation
186Sealing not to be done unless notified
187Emergency sealing
188Testing of inertisation equipment
Fire and explosion
189Compressed air
190Establishment of explosion risk zones
191Signposting of explosion risk zones
192Signposting of boundaries between explosion risk zones
193Machinery restrictions in explosion risk zones
194Use of diesel engines in underground coal mining operations
195Restrictions on live electrical work in ERZ0 or ERZ1
Methane monitors
196Monitoring for methane at working face
197Methane monitors in intake airways
198Methane monitors in return airways
199Methane monitors on mobile plant powered by battery or diesel engine
200Methane monitors on certain mobile plant powered by electricity through trailing or reeling cable
201Monitoring of other mobile plant powered by electricity through trailing or reeling cable
202Auxiliary and booster fans
203Recording and notification of isolation of electricity supply
204Failure of methane monitoring system
Dust sampling
205Sampling of roadway dust
206Recording of dust sampling and analysis
207Minimum content of incombustible material in roadway dust
208Mine operator must have standard operating procedure for application of incombustible material to roadway
209Requirements for stone-dusting new roads
Explosion barriers
210Explosion barriers
Part 10
Notification, reporting, and other matters
211Duty to notify WorkSafe of commencement, recommencement, installation, or cessation
212Duty to give draft principal hazard management plans and principal control plans to WorkSafe
213Plans of mining operation
214Duty to give copy of plan of mining operation to WorkSafe
215Duty to make copy of plan of mining operation available to industry health and safety representative
216Plans of ceased mining operation
217Details to be included in plans
218Plan showing firefighting, rescue, and emergency facilities to be posted
Record keeping
219Mining operation records
220Record of mine workers underground
221Shift reports
222Examination of mining operations
223Barometer, hygrometer, and thermometer
224Visits to solitary mine workers
Notifiable events
225Declaration of notifiable injury or illness and notifiable incidents
226Record of notifiable events
227Disclosure of information about notifiable events
228Investigation of notifiable events
High-risk activities
229Notification of high-risk activities
Other reporting obligations
230Duty of mine operator to give quarterly report to WorkSafe
Part 11
Miscellaneous provisions
Consequential amendment
231Consequential amendment to Mines Rescue (Levy) Regulations 2014
Revocation
232Revocation of Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Fees for issue, renewal, and replacement for certificate of competence
Schedule 3
Standards for equipment for raising and lowering mine workers, coal, minerals, and materials
Schedule 4
Ventilation control devices and design criteria
Schedule 5
Injuries, illnesses, and incidents declared to be notifiable events under Act
Schedule 6
Particulars of notifiable events
Schedule 7
High-risk activities
Schedule 8
Information to be given to WorkSafe in quarterly report
Gazette Information
Reprint notes