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

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Version as at 18 July 2022

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

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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.

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

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

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

Order in Council

Note

(a)

(b)

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