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MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - SECT 116
Powers of district workers’ representatives
116 Powers of district workers’ representatives
(1) A district workers’ representative has the following powers— (a) to
make inquiries about the operations of mines relevant to the safety or health
of workers;
(b) to enter any part of a mine at any time to carry out the
representative’s functions;
(c) to examine any documents relevant to safety
and health held by persons with obligations under this Act, if the
representative has reason to believe the documents contain information
required to assess whether procedures are in place at a mine to achieve an
acceptable level of risk to workers;
(d) to examine safety and health
management system documents, including standard work instructions and training
records;
(e) to copy a document mentioned in paragraph (c) or (d) ;
(f) to
require the site senior executive for a mine to give the representative within
a stated reasonable period and by a stated reasonable way, including, for
example, by email, a copy of a document mentioned in paragraph (c) or (d) ;
(g) to require the person in control or temporarily in control of a mine to
give the representative reasonable help in a stated reasonable way in the
exercise of a power under any of paragraphs (a) to (f) ;
(h) to issue a
directive under section 160 (2) (a) .
(2) A person in control or temporarily
in control of a mine required to help the district workers’ representative
under subsection (1) (g) must comply with the requirement, unless the person
has a reasonable excuse. Penalty— Maximum penalty—100 penalty units.
(3) If a district workers’ representative asks a person to give access to a
document to enable the representative to examine the document under subsection
(1) (c) or (d) , or to copy the document under subsection (1) (e) , the person
must give access to the document as soon as reasonably practicable after being
asked, unless the person has a reasonable excuse. Penalty— Maximum
penalty—100 penalty units.
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