Queensland Consolidated Acts

MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - SECT 43

43 Obligations of manufacturers, importers and suppliers of substances for use at mines

(1) A manufacturer or importer of a substance for use at a mine has the following obligations—

(a) to ensure the substance is safe so that, when used properly, the risk to persons from the use of the substance is at an acceptable level;

(b) to ensure the substance undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by paragraph (a) .

(2) Also, a manufacturer, importer or supplier of a substance for use at a mine has the following obligations—

(a) to ensure appropriate information about the safe use, storage and disposal of the substance is provided with the substance;

(b) if the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of—

(i) the nature of the hazard or defect and its significance; and

(ii) any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and

(iii) the name of each operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and

(iv) the steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;

(c) to take the action the chief inspector reasonably requires to prevent the use of an unsafe substance at a mine.

Example of subsection (2)(c)—

The chief inspector may require a manufacturer, importer or supplier of a substance to recall the substance to prevent its use.

(3) For subsection (2) (a) , information is
"appropriate" if the information clearly identifies the substance and states—

(a) the precautions, if any, to be taken for the safe use, storage or disposal of the substance; and

(b) the risks, if any, associated with the use, storage or disposal of the substance.

(4) If a supplier of a substance for use at a mine becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, the supplier has an obligation to take all reasonable steps to inform each operator or contractor to whom the supplier has supplied the substance of—

(a) the nature of the hazard or defect and its significance; and

(b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.