Queensland Consolidated Acts

COAL MINING SAFETY AND HEALTH ACT 1999 - SECT 274

274 Where coal mine worker exposed to immediate personal danger

(1) Subject to section 273 (2) and (3) , if a coal mine worker (the
"original worker" ) believes that there is immediate personal danger, the worker has the right—

(a) to remove themself to a position of safety; and

(b) to refuse to undertake a task allocated to the worker that may place the worker in immediate personal danger.

(2) The coal mine operator for the coal mine or the coal mine operator’s representative must not disadvantage the coal mine worker for exercising the worker’s rights under subsection (1) .

Penalty—

Maximum penalty—200 penalty units.

(3) Subsection (4) applies if the coal mine operator or the operator’s representative subsequently asks or directs another coal mine worker (the
"subsequent worker" ) to place themself in the position from which the original worker has removed themself, or to undertake a task that the original worker has refused to undertake.

(4) The operator or the operator’s representative must advise the subsequent worker that the original worker exercised rights under subsection (1) because the original worker believed that there was a serious danger to the original worker’s safety or health.

Penalty—

Maximum penalty for subsection (4) —200 penalty units.