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MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - SECT 40
Obligations of contractors
40 Obligations of contractors
(1) A contractor for a mine has the following obligations— (a) to ensure the
contractor complies with this Act to the extent it relates to the work
performed, service provided, or work or service arranged, by the contractor;
(b) to ensure the contractor complies with the mine’s safety and health
management system to the extent it relates to the work performed, service
provided, or work or service arranged, by the contractor;
(c) to ensure the
contractor’s own safety and health, and the safety and health of others, is
not adversely affected by the way the contractor performs work, provides a
service, or arranges work or a service, at the mine;
(d) to ensure no work is
performed, service provided, or work or service arranged, by the contractor
until the contractor— (i) has given the site senior executive for the mine a
safety and health management plan; and
(ii) has made all changes to the
contractor’s safety and health management plan required by the site senior
executive to enable the plan to be integrated with the mine’s safety and
health management system;
(e) if the contractor is physically present at the
mine—to ensure no work at the mine is performed by the contractor until the
contractor— (i) has been inducted in the mine’s safety and health
management system to the extent it relates to the work to be performed by the
contractor; and
(ii) has received training about hazards and risks at the
mine to the extent they relate to the work to be performed by the contractor;
(f) to ensure no work at the mine is performed by a worker engaged by the
contractor, or a worker arranged by the contractor to perform work or provide
a service, until the worker— (i) has been inducted in the mine’s safety
and health management system to the extent it relates to the work to be
performed, or service to be provided, by the worker; and
(ii) has received
training about hazards and risks at the mine to the extent they relate to the
work to be performed, or service to be provided, by the worker;
(g) to ensure
the fitness for use of plant at the mine is not adversely affected by the work
performed or service provided by the contractor.
(2) Subsection (1) (b) , (d)
and (e) (i) does not apply if the mine is not required to have a safety and
health management system.
(3) In this section—
"safety and health management plan" , of a contractor, means a plan that—
(a) identifies the work to be undertaken, service to be provided, or work or
service to be arranged, by the contractor; and
(b) states how the contractor
intends to comply with the contractor’s obligations under this section.
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