10 incident reporting to the regulator 2020
•Download as PPTX, PDF•
0 likes•223 views
incident reporting to the regulator 2020
Recommended
Recommended
More Related Content
More from NSW Environment and Planning
More from NSW Environment and Planning (20)
Recently uploaded
Recently uploaded (20)
10 incident reporting to the regulator 2020
- 1. October – December 2020 Small Mines Roadshow Incident Notifications under WHS (M&PS) Laws
- 2. What Incidents need to be notified? There are 2 types of incidents that require notification & information to be given to the regulator under the WHS laws
- 3. Notifiable – Prescribed Serious Injury or Illness: an injury or illness requiring the person to have immediate treatment as an in-patient in a hospital, an injury or illness requiring the person to have immediate treatment for; i. the amputation of any part of his or her body, ii. a serious head injury iii. a serious eye injury iv. a serious burn v. the separation of his or her skin from an underlying tissue (such as de-gloving or scalping) vi. a spinal injury vii. the loss of a bodily function viii. serious lacerations an injury or illness requiring the person to have medical treatment within 48 hours of exposure to a substance a fracture to a person’s bone other than a bone in the person’s hand (including a finger) or foot (including a toe) Clause 178 Serious injury or illness
- 4. Notifiable – Prescribed Dangerous incidents i. an uncontrolled escape, spillage or leakage of a substance, or ii. an uncontrolled implosion, explosion or fire, or iii. an uncontrolled escape of gas or steam, or iv. an uncontrolled escape of a pressurised substance, or v. the fall or release from a height of any plant, substance or thing, or vi. the collapse or partial collapse of a structure, or vii. the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised within the meaning of Part 4 of the WHS Act, or viii. the collapse or failure of an excavation or of any shoring supporting an excavation, or ix. the inrush of water, mud or gas in workings at an underground excavation or tunnel, or x. the unintended interruption of the main system of ventilation at an underground excavation or tunnel, or An incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to: Clause 179(a) Dangerous Incidents – exposure related
- 5. Notifiable – Prescribed Dangerous incidents (cont.) xi. the loss of control of heavy earthmoving machinery (including any failure of braking or steering), or xii. the unintended activation, movement, or failure to stop of vehicles or machinery, or xiii. a collision involving a vehicle or mobile plant, or xiv. damage to, or failure of, any part of a powered winding system or a shaft or shaft equipment, or xv. damage to any plant or structure, or xvi. a failure of ground, or of slope stability control measures, or xvii.rock falls, instability of cliffs, steep slopes or natural dams, occurrence of sinkholes, development of surface cracking or deformations or release of gas at the surface, due to subsidence, or xviii.a vehicle or plant making contact with an energised source having a voltage greater than 1,200 volts (other than testing equipment applied to energised equipment in accordance with the WHS Regulations) An incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to: Clause 179(a) Dangerous Incidents – exposure related
- 6. Notifiable – Prescribed Dangerous incidents (cont.) • a fire in the underground parts of a mine, including where the fire is in the form of an oxidation that releases heat and light, • an electric shock to a person (other than a shock from an extra low voltage source), • the unintended overturning of any vehicle or of plant weighing more than 1,000 kilograms, • ejection of rock from blasting that falls outside the blast exclusion zone (being the area from which persons are excluded during the blasting), • a rock burst at an underground mine. Clause 179 Dangerous Incidents – not exposure related
- 7. Duties in regards to Notifiable Incident's HOW • Notice under this section must be given in accordance with this section and by the fastest possible means. • The notice must be given: (a) by telephone, or (b) in writing (online now) Fastest Possible means is telephoning the 1300 814 609 number • A person giving notice by telephone must: (a) give the details of the incident requested by the regulator, and (b) give a written notice of the incident within 48 hours of giving the notice by telephone. • A written notice must be in a form, or contain the details, approved by the regulator – This is through the Resources Regulator Portal Section 15 Duty to notify of notifiable incidents WHO • A mine operator of a mine must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of any business or undertaking at the mine has occurred. • A PCBU at a mine site must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking at the mine site has occurred. PCBU can be a contractor on a mine site involved in the incident
- 8. Duties in regards to Notifiable Incident's EXCEPTION This does not prevent any action— a) to assist an injured person, or b) to remove a deceased person, or c) that is essential to make the incident site safe or to minimise the risk of a further notifiable incident, or d) that is associated with a police investigation, or e) for which an inspector or the regulator has given permission. Section 17 Duty to preserve incident sites WHAT • When a notifiable incident has occurred at a mine site each of the following persons must ensure, so far as is reasonably practicable, that the incident site is not disturbed until an inspector arrives at the incident site or any earlier time that a government official directs— • (a) any person who is required to ensure that the regulator is notified of the notifiable incident, • (b) each person with management or control of the incident site.
- 9. What to do (notifiable incident summary) If there is a serious injury or illness, a death or a dangerous incident, you must: • provide first aid and make the area safe if needed • report the incident to us IMMEDIATELY by calling 1300 814 609 (24 hours a day, 7 days a week). • preserve the site where the incident occurred until an inspector releases it • log in to the Regulator Portal to access the incident lodged by the Resources Regulator and provide further information if required. Should you require a user account for the portal or to add a mine you operate to your existing user account then please submit a request to add a PCBU or operator.
- 10. Incidents Other than Notifiable Incidents These are incidents that; • results in illness or injury that requires medical treatment, • medical treatment means medical treatment within the meaning of the WHS Act and includes the management or care of a patient including— • the suturing of a wound, • the treatment of fractures, • the treatment of bruises by drainage of blood, • the treatment of second and third degree burns, but does not include diagnostic procedures, observation, counselling, first aid or therapeutic measures taken solely for preventative purposes. OR • is a high potential incident. Clause 179 Incidents Other than Notifiable Incidents
- 11. Incidents Other than Notifiable Incidents - High Potential Incidents i. an uncontrolled escape, spillage or leakage of a substance, or ii. an uncontrolled implosion, explosion or fire, or iii. an uncontrolled escape of gas or steam, or iv. an uncontrolled escape of a pressurised substance, or v. the fall or release from a height of any plant, substance or thing, or vi. the collapse or partial collapse of a structure, or vii. the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised within the meaning of Part 4 of the WHS Act, or viii. the collapse or failure of an excavation or of any shoring supporting an excavation, or ix. the inrush of water, mud or gas in workings at an underground excavation or tunnel, or x. the unintended interruption of the main system of ventilation at an underground excavation or tunnel, or Are an event referred to in clause 179(a) that would have been a dangerous incident if a person were reasonably in the vicinity at the time when the incident or event occurred and in usual circumstances a person could have been in that vicinity at that time, xi. the loss of control of heavy earthmoving machinery (including any failure of braking or steering), or xii. the unintended activation, movement, or failure to stop of vehicles or machinery, or xiii. a collision involving a vehicle or mobile plant, or xiv. damage to, or failure of, any part of a powered winding system or a shaft or shaft equipment, or xv. damage to any plant or structure, or xvi. a failure of ground, or of slope stability control measures, or xvii. rock falls, instability of cliffs, steep slopes or natural dams, occurrence of sinkholes, development of surface cracking or deformations or release of gas at the surface, due to subsidence, or xviii. a vehicle or plant making contact with an energised source having a voltage greater than 1,200 volts (other than testing equipment applied to energised equipment in accordance with the WHS Regulations) Clause 128 Incidents Other than Notifiable Incidents
- 12. Incidents Other than Notifiable Incidents - High Potential Incidents (cont.) • an unplanned fall of ground, roof or sides that impedes passage, extends beyond the bolted zone or disrupts production or ventilation, • a failure of ground support where persons could potentially have been present, • the burial of machinery such that it cannot be recovered under its own tractive effort, • progressive pillar failure or creep, • a sudden pillar collapse, • a misfire or unplanned explosion of an explosive or explosive precursor (but not in the case of a misfire at a mine or petroleum site other than a coal mine if the misfired explosive can be fired without any significant risk to a person), • an unplanned event that causes the emergency evacuation of more than one person from the mine or part of the mine, • an unplanned event that causes less than 2 exits from an underground mine to be available for use, Clause 128 Incidents Other than Notifiable Incidents
- 13. Incidents Other than Notifiable Incidents - High Potential Incidents (cont.) • any indication from monitoring data of the development of subsidence which may result in damage to any plant or structure or a failure of ground, • an injury to a person (supported by a medical certificate) that results in or is likely to result in the person being unfit, for a continuous period of at least 7 days, to perform the person’s usual activities at the person’s place of work, • the illness of a person (supported by a medical certificate) that is related to a work process and that results in or is likely to result in the person being unfit, for a continuous period of at least 7 days, to perform the person’s usual activities at the person’s place of work, • the detection of an atmospheric concentration of respirable dust that exceeds the level specified in clause 39(1)(a), • the detection of an atmospheric concentration of crystalline silica that exceeds the exposure standard specified in the Workplace Exposure Standards for Airborne Contaminants, • an uncontrolled fire on mobile plant that is in operation (whether operated directly, remotely or autonomously), • a loss of control of heavy earthmoving machinery that is operated remotely or autonomously, including any failure of braking or steering, Clause 128 Incidents Other than Notifiable Incidents
- 14. Duties in regards to Incidents Other than Notifiable Incidents HOW The notification must— a) be in writing, and Example. The notice may be given by facsimile, email or other electronic means. This means the Resources Regulator Portal a) be in a form required by the regulator, and b) in the case of an incident that results in an illness or injury, contain the details specified in Schedule 8. Clause 128 Duty to notify of certain incidents a) results in illness or injury that requires medical treatment within the meaning of clause 13 of Schedule 9, or b) is a high potential incident. The operator must ensure that the regulator is notified as soon as reasonably practicable after becoming aware of the incident, but no later than the earlier of the following— a) 7 days after becoming aware of the incident, or b) 48 hours after becoming aware that the incident resulted in an illness or injury. WHO The operator of a mine must take all reasonable steps to ensure that the regulator is notified after becoming aware of an incident (other than a notifiable incident) arising out of the carrying out of mining operations at the mine but only if the incident
- 15. What to do (incidents other than notifiable incidents summary) If there is an incident that results in illness or injury that requires medical treatment, other than diagnostic procedures, observation, counselling, first aid or therapeutic measures taken solely for preventative purposes, you must: • provide first aid and make the area safe if needed • notify us as soon as reasonably practicable (but no later than 48 hours) by completing the notify Resources Regulator form on the Regulator Portal. You are able to access this form at any time after you have submitted it to add further information. OR If there is a high potential incident: • provide first aid and make the area safe if needed • notify us as soon as reasonably practicable (but no later than 7 days) by completing the notify the Resources Regulator form on the Regulator Portal. You are able to access this form at any time after you have submitted it to add further information.
- 16. Information needed for all incidents What happened? Provide an overview of what happened. Nominate the type of notifiable incident. For example, was it death, serious injury or illness, or dangerous incident (as defined above)? When did it happen? Supply the date and time of the incident Where did it happen? Identify the address of the incident location. Supply details to describe the specific location of the notifiable incident to help instructions about site disturbance. For example, the section of the warehouse or the piece of equipment that the incident involved. To whom did it happen? Supply the injured person’s name, salutation, date of birth, address, contact telephone number and occupation Include the relationship of the injured person to the entity notifying. Additional details about the person Add details about the injured person’s roster, travel hours, experience and training. What happened? Provide a detailed description of the notifiable incident. How and where is the injured person being treated (if applicable)? Include: • a description of serious injury or illness (i.e. nature of injury) • initial treatment of serious injury or illness • where the patient has been taken for treatment Who is the person conducting the business or undertaking (there may be more than one)? Include: • legal and trading name • business address (if different from the incident address), ABN/ACN and contact details including phone number and email. What has/is being done? Explain the action taken, or intended to be taken, to prevent recurrence (if any). Who is notifying? Supply: • the notifier’s name, salutation, contact phone number and position at workplace. • the name, phone number and position of the person to contact for further information (if different from the above).
- 17. Incident Ancillary Information Additional information – known as an ancillary report – must be submitted if there is a fire-related to mobile plant To complete this ancillary report log on to the Regulator Portal and provide the information as an addition to the original incident notification. The information must be provided to us no later than 30 days after the incident was required to be notified to us.
- 18. Incidents Relating to Explosives A licence holder must immediately notify each relevant authority if any explosive or explosive precursor in the possession, custody or control of a licence holder: (a) is lost, (b) is stolen, or (c) is the subject of an attempted theft or any other suspicious incident that threatens the security of the explosive or explosive precursor. The relevant authority means (a) Resources Regulator, and (b) a police officer, and (c) SafeWork NSW Clause 102 Notification of loss or theft of explosives or explosive precursors
- 19. Incidents Relating to Explosives (cont.) A licence holder must give the regulatory authority notice of any serious incident relating to the handling of any explosives or explosive precursors to which the licence relates. A serious incident means: • an uncontrolled explosion or fire, or • an incident resulting in the death of, or serious injury to, a person or substantial damage to property, or • any other incident involving risk of an uncontrolled explosion or fire or of any such death, injury or damage. Clause 103 Notification of serious incidents involving explosives or explosive precursors
- 20. Exercise Are these events reportable? Are both of these truck rollovers 1. Reportable? 2. Is the top picture a dangerous incident or a high potential incident? 3. Is the bottom picture a dangerous incident or a high potential incident?
- 21. Driver was distracted and drove onto the shoulder of the road at just outside of the mine but within the private property. Trailer tipped. Mini Excavator 900kg mass rolled over cleaning up small area near workshop (not in NSW) Exercise Are these events reportable? Are both of these plant rollovers 1. Reportable? 2. Is the top picture a dangerous incident or a high potential incident? 3. Is the bottom picture a dangerous incident or a high potential incident?
- 22. Exercise Are these events reportable? Are both of these collisions 1. Reportable? 2. Is the top picture a dangerous incident or a high potential incident? 3. Is the bottom picture a dangerous incident or a high potential incident? Leaving the weighbridge a water truck has contacted a redundant steel pole with the wing mirror of the truck . This has resulted in damage to the driver's side door & side mirror. The operator wasn't injured. A truck was travelling on an access road within the quarry, about 100m from the weighbridge. The driver blacked out. The truck drove off the roadway and collided with trees. The fuel tank ruptured causing fuel to release.
- 23. Exercise What is reportable here? Could there be more than one reportable incident?
- 24. Exercise Are these events reportable? Worker injured by a falling 'wing' from a feed hopper on a mobile impact crusher. The crusher was being packed up to float to another location and when a hydraulic locking pin was released to drop the wing, the worker was clipped by the wing. The worker was taken to hospital, admitted and is suspected of suffering broken collar bone. Are both of these Injuries 1. Reportable? 2. Is the top picture a serious injury or a injury that requires medical treatment (cl 13 Schedule 9)? 3. Is the top picture a serious injury or a injury that requires medical treatment (cl 13 Schedule 9)? Worker using a rattle gun to undo the bolt when the top edge of the bolt has sliced into his middle finger on his left hand. Worker received stiches from medical practitioner from local doctors practice
- 25. Exercise Are these events reportable? Dust monitoring results Dusty work environment
- 27. Resources Regulator Portal – https://nswresourcesregulator.service-now.com/regulator
- 28. Home PageHome button Search field Widget button Menu Items Widgets
- 32. Incident Notifications under WHS (M&PS) Laws 2020 Small Mines Roadshow
Editor's Notes
- Focus on the slide in relation to clause 178 Serious injury or illness. Key points are in bold. Explain what immediate treatment, in patient. Work health and safety laws define certain matters to be serious injuries or illness. A key element for most matters is that the person affected ‘requires’ treatment. This means that the notification must still be made if treatment would be required but was not received by the person. For example, if: immediate treatment is not readily available because the incident site is rural or remote or specialist treatment is not available. the person refuses treatment. Treatment includes by a paramedic, registered nurse or a doctor. Medical treatment refers specifically to treatment by a registered medical practitioner, i.e. a doctor. Immediate treatment as an in-patient in a hospital means admission into a hospital as an in-patient for any duration, even if the stay is not overnight or longer. It does not include out-patient treatment provided by the emergency section of a hospital and immediate discharge or subsequent corrective surgery such as that required to fix a fractured nose.
- These include certain types of incidents that are inherently dangerous and other incidents where a person is exposed to a serious risk to their health or safety emanating from an immediate or imminent exposure to the hazard. For most hazards, such as plant or a structure collapsing, a person will need to be in the immediate vicinity to be exposed to a serious risk to their health or safety. But some hazards, such as an uncontrolled leak of a hazardous gas or a fire, can travel towards a person and expose them to a serious risk to health and safety away from the original source.
- A dangerous incident can include situations where there is an immediate exposure to the hazard, but the potential harm to a person’s health or safety may not materialise until sometime in the future, for example exposure to asbestos or chemicals.
- These incidents are also dangerous incidents that must be notified to the Regulator, even if no-one was in the vicinity at the time of the incident:
- All persons conducting a business or undertaking (PCBUs) at a mine or petroleum site, including the operator of the mine or petroleum site, have a duty to ensure that the Regulator is immediately notified of a notifiable incident arising out of the conduct of their business or undertaking at the mine or petroleum site. This does not mean that both the operator and a contractor must notify the Regulator, only that notification is made. In these circumstances, the duty holders must, so far as is reasonably practicable, consult, cooperate and coordinate and should put appropriate reporting and notification arrangements in place. For example, contractors at the mine or petroleum site may agree with the operator of the mine or petroleum site that the operator will notify of all ‘notifiable incidents’ that occur at the workplace. If another PCBU at the mine or petroleum site notifies the Regulator of a notifiable incident, they must also ensure that the operator of the mine or petroleum site is notified as soon as is reasonably practicable after doing so. In general, a PCBU that is a corporation is considered to be aware of a notifiable incident at the time that any of their workers in supervisory or managerial roles become aware of that incident. For example, if a worker is seriously injured and notifies their immediate supervisor, this is when the operator of the mine or petroleum site is considered to be aware of the incident. Operators and other PCBUs working at a mine or petroleum site should develop appropriate internal communication procedures to ensure compliance with their notification obligations. The Regulator must be notified of a notifiable incident immediately by the fastest possible means. This should be by telephone to the central reporting number 1300 814 609. Further written notification is to be made using the online incident notification form via the ‘Regulator Portal’ on the Regulator’s website
- When a notifiable incident has occurred, each person required to ensure the Regulator is notified, and any other PCBU with management and or control of the workplace is to ensure, so far as is reasonably practicable, that the site of the incident is not disturbed until an inspector arrives at the site or directs otherwise (whichever is earlier). Requirements to preserve the incident site apply to any plant, substance, structure or thing associated with the notifiable incident. This ensures that any evidence that may help an inspector determine the cause of the incident is preserved. However, the requirement to preserve the site does not prevent any action: to assist an injured person to remove a deceased person essential to make the site safe or to minimise the risk of a further notifiable incident associated with a police investigation for which an inspector or the Regulator has given permission An inspector who considers that a site should remain undisturbed (for example, to facilitate investigation of the incident) may issue a non-disturbance notice. This notice must specify the period for which the notice is to apply but cannot be for more than seven days. Penalties apply for failing to preserve a site.
- Medical treatment refers to treatment by a registered medical practitioner, such as a doctor. It does not include treatment by an allied health professional, such as a paramedic or nurse. For the purposes of notifying other incidents or completing a work health and safety (WHS) report, the management or care of a patient by a doctor involving any of the following matters is medical treatment: the suturing of a wound the treatment of fractures the treatment of bruises by drainage of blood the treatment of second and third-degree burns. Other management or care of a patient by a doctor may also constitute medical treatment, unless it is diagnostic procedures, observation, counselling, first aid or therapeutic measures taken solely for preventative purposes. The first question to consider is whether the treatment involved care or management of the patient by a doctor (other than diagnostic procedures, observation, counselling or first aid). The First Aid in the Workplace Code of Practice (July 2015) states that: “First aid is the immediate treatment or care given to a person suffering from an injury or illness until more advanced care is provided or the person recovers”. Unless a doctor provides immediate treatment or care of the patient, it is unlikely to be first aid. A second question to consider is whether the care or treatment is solely for preventative purposes. Treatments for preventative purposes may include a tetanus injection, vaccination or other treatments to prevent an illness because a person may have been exposed to a harmful substance or agent. If the therapeutic measure was solely for preventative purposes, it is not medical treatment for the purposes of notifying other incidents or completing WHS reports.
- There are two groups of incidents that are high potential incidents. Firstly, there is an incident or event that would have been a dangerous incident (see above) if a person were in the vicinity at the time when the incident or event occurred and in usual circumstances a person could have been in that vicinity at that time. The important element in this group of incidents is that a person could have been present, and if so that the person would have been exposed to a serious risk from an immediate or imminent exposure to a hazard. For example, events that happened within an area that is fenced off from entry or events in other exclusion areas would be a high potential incident rather than dangerous incident because people would not usually be in the area.
- REVISION TO SILICA EXPOSURE STANDARD On 21 February 2020, the Minister for Better Regulation announced that the new respirable crystalline silica workplace exposure standard of 0.05mg/m3 will take effect in NSW from 1 July 2020. The new exposure standard is prescribed following a revision of the Workplace Exposure Standards for Airborne Contaminants (WESFAC). Mines and petroleum sites will need to report exceedances of the new exposure standard to the NSW Resources Regulator from 1 July 2020. The NSW Government will also make silicosis a notifiable disease, creating a Silicosis Health Register. This will allow the Regulator and SafeWork NSW to track and investigate workplaces where workers have been diagnosed with the disease. Uncontrolled fire on mobile plant – clause 128(5)(t) An uncontrolled fire on mobile plant is any fire or ignition that is not intended as part of the normal function of that item of mobile plant. This applies regardless of the level of damage or means of extinguishing the fire. Examples of fires and ignitions that are intended include internal combustion, flame heaters such as on bitumen tankers and maintenance works such as welding and oxy cutting (unless control is lost during the task). This clause also requires fires to be notified when they occur on autonomous plant operating without a worker present. Any fire underground in a mine, including a fire on mobile plant, must still be reported as a dangerous incident under cl 179 (b). Where a worker or any other person is exposed to a serious risk to the person’s health or safety from fire the incident must be notified as a dangerous incident under cl 179(a)(ii). Mobile plant is defined as any item of plant that is self-propelled and ordinarily under the direct control of an operator. This also includes items of plant that are capable of being directly operated but are being operated autonomously or under remote control. Mobile plant does not include transportable plant which is relocated to be operated such as generators, diesel pumps and lighting towers. Loss of control of heavy earthmoving machinery operated remotely or autonomously - clause 128(5)(u) Previously, if an autonomous or remotely controlled item of plant lost control it may not have been notifiable under WHS (MPS) Regulation clause 179(a)(xi) if a worker was not exposed to the risk. This clause has been added so the regulator can monitor all loss of control incidents. This is of concern as autonomous and person-operated vehicle interactions increase and loss of control incidents may then result in workers exposed to risk. This applies to loss of function of steering or braking, however events such as a retarder failure where the service brakes are used to maintain control are not notifiable under this clause. Regardless of person-operated or autonomous operations, when an incident occurs and a worker is at risk, this must still be reported as a dangerous incident under WHS (MPS) Regulation clause 179 (a)(xi)
- The only other incidents that must be notified are those arising out of the carrying out of mining operations at the mine or the carrying out of petroleum operations at the petroleum site. As with notifiable incidents there may be cases where, for example, an incident occurs at a mine or petroleum site but does not arise out of mining or petroleum operations at the site, such as a person having a heart attack that is unrelated to work or the workplace. The operator of the mine or petroleum site at which the incident occurs must tell the regulator when they become aware of the incident. In general, an operator of the mine or petroleum site that is a corporation is considered to be aware of an incident at the time that any of their workers in supervisory or managerial roles become aware of that incident. For example, if a worker is seriously injured and notifies their immediate supervisor, this is when the operator is considered to be aware of the incident.
- There is no requirement to preserve the incident site in relation to an ‘other’ incident. If an incident other than notifiable incident escalates to a notifiable incident, the regulator must be separately notified of the incident immediately after becoming aware of the escalation. As with notifiable incidents, a record of every incident notified to the regulator must be kept with the mine or petroleum site record for at least seven years from the date the record is made. Penalties apply for failing to do so.
- Additional details may also be required in relation to some types of incidents, such as those involving particular types of plant. These details are referred to as ancillary reports and where required must be submitted no later than 30 days after the incident was required to be notified to the Regulator. Typically, the information needed for ancillary reports is very specific to the type of incident and type of plant, such as fires on mobile plant. Details of when ancillary reports must be submitted are included in the online incident form.
- Licence holders under the Explosives Act 2003 also have obligations to notify the regulator of certain incidents involving explosives. Who must notify - A licence holder under the Explosives Act 2003 must notify the NSW Resources Regulator of the loss or theft (including attempted theft or any suspicious activity that threatens security) of explosives or explosive precursors at a mining workplace. This is a requirement under clause 102 of the Explosives Regulation 2013. What is notifiable - Notification must be given if any explosive or explosive precursor in the licence holder’s possession, custody or control is lost or stolen or the subject of an attempted theft or any suspicious activity that threatens the security of the explosive or explosive precursor. When to notify - You must immediately notify the NSW Resources Regulator immediately by calling 1300 814 609 (24 hours a day, 7 days a week). You must provide further details to us using the notification form What must you do - preserve the area within a 4-metre radius of where the serious incident occurred and not use, interfere or disturb the place(s) affected by the serious incident for a period of 36 hours after you have notified us. However, these preservation requirements do not prevent any action: • to help or remove a trapped or injured person, or to remove a body to avoid injury to a person to avoid damage to property for the purpose of any police investigation in accordance with a direction or permission of an inspector
- Who must notify - A licence holder under the Explosives Act 2003 must notify the NSW Resources Regulator of any serious incident involving the handling of any explosives or explosive precursors at a mining workplace. This is a requirement under clause 103 of the Explosives Regulation 2013. You do not need to give notice under clause 103 if you have notified the NSW Resources Regulator of the work-related death of a person, a serious injury or illness of a person, or a dangerous incident under the Work Health and Safety (Mines) Act 2013. If you are a person conducting a business or undertaking at a mining workplace, you should consult, cooperate and coordinate activities with the mine operator about the arrangements for responding to incidents and notifying the NSW Resources Regulator. What is notifiable - Notification must be given for any serious incident relating to the handling of any explosive or explosive precursor at a mining workplace. If a serious incident occurs outside a mining workplace, notification must be given if the incident arises out of the handling of any explosives or explosive precursors at the mine. For example, fumes from blasting causing injury to a person adjacent to the mine, or a chemical spill at the mine exposes nearby residents to health and safety risks. When to notify - You must notify the NSW Resources Regulator immediately by calling 1300 814 609 (24 hours a day, 7 days a week). You must provide further details to us using the notification form You must ensure that the areas within a 4 metre radius of where the serious incident occurred and the place(s) affected by the serious incident are not be used, interfered with or disturbed for a period of 36 hours after this notification is given. However, these preservation requirements do not prevent any action: • to help or remove a trapped or injured person, or to remove a body to avoid injury to a person to avoid damage to property for the purpose of any police investigation in accordance with a direction or permission of an inspector
- Both of these incidents are reportable under 179 Dangerous incidents 179 (e) the unintended overturning of any vehicle or of plant weighing more than 1,000 kilograms,
- Neither of these events are reportable The top incident involves a machine that is less than 1000kg mass, for it to be reportable the machine would have to weigh more than 1,000 kilograms The bottom photo did not occur on the mine site so it would be treated as an non mining workplace incident, this may involve calling SafeWork NSW and/or the police
- Both are reportable The top picture is a dangerous incident as the driver was exposed to an immediate or imminent serious risk of health and safety as the truck travelled across the road, if traffic was heading the opposite direction there could have been a fatal accident the truck was travelling at a speed and out of control. the truck hit trees where branches could had entered the cabin seriously injuring or killing the driver fuel was leaking from the truck which could have led to a fire engulfing the truck of which here was an unconscious person in it if the accident happened 100m further on then the truck could have hit the weighbridge seriously injuring or killing the driver and person located in the weighbridge The bottom picture is a high potential incident 128(5)(a) an event referred to in clause 179(a) – (in this case 179(a)(xiii) a collision involving a vehicle or mobile plant), the exposure to a immediate or imminent serious risk of a person health and safety was minimised as the collision occurred at slow speed (exiting a weighbridge) & there were no injuries.
- List of reportable events 179 Dangerous incidents 179(a)(ii) an uncontrolled implosion, explosion or fire 179(a) (v) the fall or release from a height of any plant, substance or thing 179(a) (xiii) a collision involving a vehicle or mobile plant 179(a) (xv) damage to any plant or structure 179(f) ejection of rock from blasting that falls outside the blast exclusion zone (being the area from which persons are excluded during the blasting) Main issue
- The top picture is reportable under 128(1)(a) results in illness or injury that requires medical treatment within the meaning of clause 13 of Schedule 9, in this case 13(2)(a) the suturing of a wound The bottom picture is reportable under 178 Serious injury or illness 178(a) an injury or illness requiring the person to have immediate treatment as an in-patient in a hospital, and 178(d) a fracture to a person’s bone other than a bone in the person’s hand (including a finger) or foot (including a toe),
- If you are still unsure about whether an incident should be notified, contact the Regulator on 1300 814 609 for guidance.
- This is a quick overview of the Resources Regulator Portal Should you require a user account for the portal or to add a mine you operate to your existing user account then please submit a request to add a PCBU or operator.
- This is the home page once you have logged in This is the page where you add information about your mine To add new information click on the + sign in the widget To view or edit information click on the name of the information you want If you have a large list of items in a widget you can click on the View all in the bottom right hand corner of the widget Remember by clicking on the NSW logo in the top left hand corner no matter what page you are on you will always return to this home page
- A widget is made of of various parts: Title – The name of the widget. Tabs – Widgets will contain tabs segregating records (e.g. submitted / processed). Clicking on these allows you to see predetermined filter records e.g. in the Operation Notifications (above) you can find notifications that have been submitted or notifications that have been processed. The filter symbol allows a search for records related to the widget. When using this function, a search box appears below the title and you type your search text here: + This symbol will allow you to add a record related to the title. When you click on the + symbol, the view will change. The change may present you with more widgets, so you can pick from a filter list of widgets e.g. when you click on + symbol for Operations Notifications you are presented with the following forms:
- Entering an incident At the home screen we click on the + symbol in the Safety and Health Reporting Widget (click) This then brings up the Safety and Health reporting widgets – an incident widget and an adverse health monitoring widget What is an adverse health monitoring report? Health monitoring is required if the worker is handling, generating or storing asbestos, a scheduled chemical (including lead, inorganic), or any other hazardous chemicals when there is a significant risk to health from exposure. You must notify us when a worker has received an adverse health monitoring report. A health monitoring report is a medical report completed and signed by a registered medical practitioner, recording a worker health monitoring examination results. Health monitoring may include: a consultation (e.g. answering questions on previous occupational and medical history, lifestyle, dietary, smoking and drinking habits) a physical examination (e.g. skin checks or lung function test) clinical tests (e.g. urine or blood samples) X-rays. An adverse health monitoring report contains: test results that indicate the worker may have contracted a disease, injury or illness because of carrying out work any recommendation that the PCBU take remedial measures We than click on the word Incident to report an incident (click)
- This notification pops up and basically says If your reporting a death, serious injury or dangerous incident than STOP and call 1300 814 609 Click on the “I need to call 1300814609” button and it will take you back to the home page If you want to report an other notifiable incident then hit the “I can notify using this form” (CLICK) This form appears and we fill in the various fields An * symbol is a mandatory field you must fill this in A ? Symbol will give you some hints on how to fill in the field When you click on the legislative reasons a box will appear where you have to select the legislation your reporting You can add attachments such as photos, files, witness statements, investigaton reports etc When you have finished filling in the form select submit this will then notify the regulator and give you addition fields to fill in. You can fill these fields in now or later but depending on the legislative requirement you may have 48 hours or 7 days to complete this form