Employers who operate as contractors at mine sites
Introduction
The purpose of this information is to provide guidance about the responsibilities of employers within the Commonwealth jurisdiction who operate from time to time as contractors in relation to mining.
Mining – Legislative framework
By virtue of section 4 of the Occupational Health and Safety Act 1991 (Commonwealth OHS Act) State and Territory mining occupational health and safety legislative frameworks do not apply to Commonwealth employers and employees. These legislative frameworks place a range of duties on the operator or owner of a mine. These include for example: a requirement to have a safety and health management system; to take any reasonable and necessary course of action to ensure that persons are not exposed to unacceptable levels of risk; and complying with instructions given for the safety and health of persons by the mine operator or site senior executive for the mine or a supervisor at the mine. Some State and Territory mining legislation also places certain duties on contractors on mine sites.
The Commonwealth does not regulate mining activities.
Employers' duties
Employers within the Commonwealth jurisdiction are subject to the relevant duties imposed by the Commonwealth OHS Act and the Occupational Health and Safety (Safety Standards) Regulations 1994 (Commonwealth OHS Regulations). For further information in respect of employers duties, refer to: The Commonwealth occupational health and safety jurisdiction.
What should employers who are contractors on mining sites do?
Employers operating as contractors at mine sites must comply with the Commonwealth OHS Act and OHS Regulations.
In discharging their duties under the Commonwealth occupational health and safety frameworks, employers should also take reasonably practicable steps to comply with occupational health and safety requirements placed on contractors within State and Territory legislative mining frameworks. This could include:
- complying with the mine operator’s mine safety management plan, to the extent that it applies to work they are carrying out
- preparing written safe work method statements and provide them to the mine operator (or their designated person)
- ensuring that work is carried out by their employees in accordance with safe work method
- ensuring that their sub-contractors provide written safe work method statements for the work they are going to carry out to the mine operator, and
- ensuring that sub-contractors comply with the operator’s mine safety management plan.