Mines Safety: Duty of Care Presentation

1. Please read this before using presentation • This presentation is based on content presented at the 2006 Mines Safety Roadshow held in October 2006 • It is made available for non-commercial use (eg toolbox meetings) subject to the condition that the PowerPoint file is not altered without permission from Resources Safety • Supporting resources, such as brochures and posters, are available from Resources Safety • For resources, information or clarification, please contact: ResourcesSafety@docep.wa.gov.au or visit www.docep.wa.gov.au/ResourcesSafety

2. Toolbox presentation: Duty of care under the Mines Safety and Inspection Act 1994 October 2006

3. Purpose of theMines Safety and Inspection Act 1994 • To promote and improve the safety and health of persons at mines • The onus is on the employer to ensure that, as far as is practicable, employees are not exposed to hazards or do not do hazardous work without appropriate personal protective equipment

4. General duty of care • Each person who works on a mine is responsible for: • their own safety • the safety of others affected by their actions or inactions

5. Duty of care — employer • Employers must: • provide and maintain a safe workplace • provide information, instruction, training and supervision of employees • consult and cooperate with safety and health representatives and employees about safety and health matters • where appropriate provide employees with adequate personal protective clothing and equipment • ensure the safe use, maintenance, transport and disposal of plant and substances

6. Duty of care — employee • Anyone who works at a mine is an employee • Employees must: • comply with instructions on safety and health • use personal protective clothing and equipment provided • not misuse or damage equipment • cooperate with employers and managers on safety and health matters • underground workers must report on the state of the workplace at the end of a shift

7. Duty of care —principal to contractors • Where a principal engages a contractor, the principal has a duty of care to: • the contractor • employees of the contractor • others engaged by the contractor • The duty applies only to matters over which the principal has control

8. Duty of care — contractors • Contractors have a duty of care to their own employees • Contractors have a duty as an employee to the principal

9. Duty of care — labour hire arrangements • Both the labour hire company and the host employer owe a duty of care to the hired workers • Labour hire company is required to provide and maintain a safe working environment and ensure labour hire workers: • are not exposed to hazards • receive adequate information, instruction and training • are supervised • are provided with necessary personal protective clothing and equipment at no cost to the worker

10. Duty of care — manufacturers etc. • Designers, manufacturers, importers and suppliers must ensure that any plant used in a mine is safe to install and use • They must: • identify possible hazards • assess the risk • reduce the risk