2. • Legislation Amendments
• Introducing the Tier 1, 2 and 3 classification levels
• How the Risk Profiling Tool works
• What is a Tier 3 mine
• Tier 3 mines & Health and Safety Reports
• Quarry Managers for the 3 Tier levels
• Changes to obtaining a Practising Certificate
• How the “competent person as a quarry manager for 2 months” exemption works
3. Legislation amendments
Additional notification of certain incidents
• additional incidents have been added to WHSMPS Clause 128(5):
• (t) an uncontrolled fire on mobile plant that is in operation (whether operated directly,
remotely or autonomously)
• (u) a loss of control of heavy earthmoving machinery that is operated remotely or
autonomously, including any failure in braking or steering
Duty to notify regulator of other matters – clause 129
• Clause 129 has been amended to
• remove the requirement to give the regulator at least one month’s notice before
operations at a mine commence, and to
• no longer require the coordinates of exploration drill holes.
(This change means notice is only required before mining operations commence,
whereas before you had to give 1 month's notice.)
4. Work health and safety reports – clause 130 Clause
• 130 has been amended to remove the reference to ‘quarterly’ and to refer only to
work health and safety (WHS) reports.
(This means mine operators only have to provide WHS reports once per financial year.)
BUT – there has been an exemption published for some small mines.
5. This Exemption applies to a mine operator of a mine other than a coal mine.
The mine operator is exempt from the requirements of clause 130 of the Regulation to give the regulator a
work health and safety report if:
• the total number of hours (including additional shifts and overtime) worked at the mine by workers is less
than 10,000 hours during the reporting period as specified by the regulator, or
• exploring for minerals is the only mining operations carried out at the mine during the reporting period as
specified by the regulator.
The Resources Regulator published an exemption on 27th May 2020 for some
small mines from having to submit an Annual Safety Report.
6. Clause 3 Definitions - Updated definitions of ‘Wiring Rules’ applying new standard
AS/NZS 3000:2018 Electrical installations to mines and petroleum sites.
• Clause 32(2)(a) requires compliance to the Wiring Rules, and clause 3 defines what the Wiring
Rules are. It previously defined it as the 2007 version.
Clause 39 - Imposes a workplace exposure standard of 0.1 milligram per cubic
metre of air for diesel particulate matter at mines and petroleum sites.
• A 12-month transitional period is provided to give industry the necessary time to adapt to the
new requirement, ending on 31 January 2021
Clause 143 - Make it an offence for holders of practising certificates and licences to fail to
comply with conditions imposed on those practising certificates and licences.
• (This is to enable a more effective mechanism for the regulator to enforce compliance with low-level
breaches without suspending or cancelling a practising certificate. Previously the only options were
suspension or cancellation.)
7. What is a Tier 3 Mine?
On 27 March 2020 an exemption was published in the Government Gazette, titled:
The exemption defined:-
What a Tier 3 mine is,
What parts of the legislation a Tier 3 mine is exempt from, and
Provided interpretations on terms used in the exemption (such as “competent
person”, “FTE”, “qualified”, “unqualified”, “tier-3” and “quarry manager”).
8. Tier 1, 2 & 3 Mines – What are they?
• A system to group extractive mines (not coal)
according to their hazard burden
Low Hazard Burden
4,367 (Open & Intermittent)
9. Tier 1, 2 & 3 Mines – How do we assess them?
Underground? YES Tier 1
Carry out a Risk Profile assessment
YES Tier system does not
apply to coal
10. Risk Profiling Tool
This tool was developed to rank a mine based on:
• The nature and complexity of operations at the mine,
• Whether explosives are used, and
• Level of complexity of electricity used, and
• An assessment of Principal Hazards on site and the exposure to the number of
• Staffing and output levels.
It generates a numeric output, which then dictates what Tier level the mine is.
18. Tier 2
Gives a Score
90 ± 5<85 >95
Start the Risk Profile
Does the mine:
have >5 FTE employees?
is a dredge?
extract >30,000 m3 pa
19. What is a Tier 3 Mine?
What exactly is a Tier 3 Mine?
Has 5 or less workers (FTE- Full Time Equivalent), including the quarry manager
and contractors, AND
Does not carry out blasting (explosives) activities, AND
Does not carry out dredging activities, AND
Does not extract more than 30,000 cubic metres of extractive material for sale
or reuse per year.
If your mine complies with ALL of the limits above, then IT IS a Tier 3 Mine.
(Ask yourself – am I a tier 3 mine?)
20. Tier 3 Mines & Health and Safety Report?
Recall the legislation update that exempts a mine operator from submitting a
Work Health and Safety Report if the total number of hours (including
additional shifts and overtime) worked at the mine by workers is less than
10,000 hours during the reporting period.
One of the conditions of being a Tier 3 mine is it must have 5 or less than FTE
There is a link here: 1 worker is deemed to work 2,000 hrs per year
5 x FTE workers = 5 x 2000 hrs = 10,000 hrs.
Therefore a Tier 3 mine is exempt from submitting an annual Work Health and
21. Quarry Managers for Tier 1, 2 & 3 Mines
MINE TIER LEVEL
1 2 3
Must nominate a Quarry Manager? Yes Yes Yes
Are qualifications required? Yes
Practising Certificate &
Certificate of Competence
(Must be competent)
Be shown in management structure? Yes Yes Yes
Notification RR of nomination? Yes Yes No
Notify RR of changes to QM details? Yes Yes No
1. Transitional period to phase out examinations, and be based on experience and qualifications (later slide)
2. A Quarry Manager with a Practising Certificate can be the Quarry Manager of a Tier 3 mine
22. Tier 3 Quarry Manager
• Can be a holder of a practising certificate, or
• Can be a competent person.
The exemption defines a competent person as:
a person who has acquired through training, qualification or experience the
knowledge and skills to carry out the task of supervising mining operations at a
mine, other than an underground mine or a coal mine, having regard to the
location of the mine, the complexity of the mining operations at the mine and the
nature of the material mined.
If the operator is going to nominate a competent person as the Quarry Manager
they must assure themselves that the person is competent based on the
23. Practising Certificates
You need to hold a Practising Certificate to be the Quarry Manager of a Tier 1
or Tier 2 mine. To apply you need the following criteria. The conversion of
Production Manager Permits to Practising certificate ceased on 30
1 OngoingQM Certificate of Competency
Experience and qualifications New & Ongoing
Experience and examination Up to 30/9/22
Requirement for practising certificateTier Application process
If you go the experience and qualification pathway you can be the QM at any Tier 2 mine
24. What to do if Quarry manager is away
There is an exemption allows for:
• An unqualified person to be nominated as the quarry manager (i.e. no
• And that an unqualified quarry manager may supervise mining operations
But there are restrictions and requirements:
• Must advise the Resources Regulator (using correct form)
• Can be no more than 2 months total in any calendar year
• Must provide evidence of competency to the regulator
• Must specify the dates a competent person will be nominated for
25. What to do if Quarry manager is away
Arrange for your
supervisor to fill
in for you
Does that person
have a practising
the exemption to
as quarry manager
person as Quarry
Operator notifies Resources
Regulator of the nomination,
using the “Quarry manager
class exemption” form
Operator notifies Resources
Regulator of the nomination,
clause 129 “Notification of
other matters” form
(i.e. a change)
N/A for a
Tier 3 Mine
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.
This clause also requires fires to be notified when they occur on autonomous plant operating without a worker present.
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.
Loss of control of heavy earthmoving machinery operated remotely or autonomously - clause 128(5)(u)
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).
This has been amended to remove the requirement to give one months notice before a mine commences, but you are still required to notify before mining operations commence.
Mines now only have to submit reports on an annual basis, for the financial year.
BUT there has been an exemption published for some small mines.
MAIN SLIDE - Exemption was issued in May 2020. Read the title
CLICK – read the line. Does not apply to coal
CLICK – read it out. EMPHASISE the 10,000 hours per annum.
CLICK – read it out, applies to exploring as well.
Other amendments you need to be aware of:
The electrical wiring rules changed from 2007 version to the 2018 version
CLICK – new exposure standard added for diesel particulates. This is in addition to respirable and inhalable limits. READ it out.
CLICK – READ It OUT,
An exemption was published to create and define what is a Tier-3 Mine.
It also defines terms that are used in the exemption.
It is intended to quantify how a very small mine is identified based on the low hazard burden that typical very small mines may have.
It also sets out who can be nominated as the quarry manager, what skills that person must have and other exemptions that apply to that person.
THESE WILL BE EXPLAINED LATER ON
MAIN SLIDE - We have 3 tiers of mines, does not apply to coal
CLICK – We have a number of mines that have a very high hazard burden We have 16 of them at this time.
CLICK – We have larger number of Tier 2 mines with a medium hazard burden. We are still in the process of assessing all mines.
CLICK – We have a large number of Tier 3 mines that have a low hazard burden.
CLICK – the total (at this time) we have of tier 2 and tier 3 mines , open and intermittent status is 4,367.
As time goes on the relative number of Tier 2 vs Tier 3 may change.
MAIN SLIDE – How do we assess mines.
We have a process that separates and assess mines based on the type and hazard burden.
CLICK your way through the slides, self explanatory.
The factsheet is available on our website, and so is the risk profile tool.
Talking about the RISK PROFILING TOOL.
Read the slide, and the next 6 slides show the actual questions asked
Generally run through each question on this and the next 5 slides, and explain how the scoring is done.
Explain that the first 3 questions determines if the mine is a tier 3 or not (WILL DISCUSS WHAT IS A TIER 3 MINE SHORTLY) [NOT NOW}
If it is a Tier 3 then the remainder of the tool is not used.
Using this matrix of Likelihood against Exposure to People on Principal Hazards on the next slide, we can quantify the estimated hazard burden.
The score is recorded here.
The other 2 sections is where the inspector can document their assessment of the mine.
So – How does the Risk Profiling Tool work?
To find out what Tier level your mine is we first ask the questions that defines a Tier 3 Mine
MAIN SLIDE – We start the Risk Profiling Tool by asking the Tier 3 questions
CLICK – if ALL answers are NO then the mine is a Tier 3 – No more Questions
CLICK - BUT if ANY answer is YES, the we complete the Risk Profile Tool
CLICK – The risk profile tool then gives a score for the mine.
CLICK – If the score is LESS THAN 85 the mine is a Tier 2 mine.
CLICK – if the score is GREATER THAN 95 it is a Tier 1 mine.
CLICK – If the score is PLUS OR MINUS 5 around 90, discussion is had with the Principal Inspector & the assessing Inspector to review the score and decide on it being a Tier 1 or Tier 2 mine.
Read out the slide
CLICK - Explain what FTE is “Full Time Equivalent”. Explain how you may have more than 5 workers, but each worker will need to work less than full time, Example: if 2 people work half a week each then that is 1 FTE worker. The hours for one FTE = 2000 hrs per year.
CLICK – CLICK – CLICK
CLICK - Ask the audience does anyone think they may be a tier 3 mine?
Read out the slide
CLICK through the 4 bullet points
Each tier MUST NOMINATE a Quarry Manager
Explain Tiers 1 & 2 require qualifications, but tier 3 requires competency
Each Tier MUST SHOW the QM in the management structure
Tiers 1 & 2 must notify the RR of the nomination, but Tier 3 does not
Tiers 1 & 2 must notify the RR of any changes to the QM’s details, but Tier 3 does not
Explain the definition.
TIER 1 has been included just to show how the system is structured. ACKNOWLEDGE that in the small mines sector (and in the room) we have no Tier 1 quarry managers
To APPLY and be ISSUED a Practising Certificate at a Tier 1 mine you will need to hold a Certificate Of Competency.
CLICK - For a Tier 2 mine, you can either have the experience AND qualifications to be issued a Practising certificate. OR
CLICK - Have the experience and sit an examination. These examinations are carried out by Inspectors at your mine.
The experience and examination pathway is only open until 30 September 2022.
To convert your Production Managers Permit to a Practsiing CEASED on 30 September 2020.
If you go the Experience and qualification pathway you can be the QM at any Tier 2 mine
An example is the quarry manager is on leave for a few weeks
CLICK and go through the steps
Tier 3 does not apply, if the QM is away another competent person can be nominated as the Quarry Manager