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COAL MINING SAFETY AND HEALTH REGULATION 2017 - REG 81
Action to be taken if certified equipment does not meet certification requirements or is likely to create an unacceptable level of risk
81 Action to be taken if certified equipment does not meet certification
requirements or is likely to create an unacceptable level of risk
(1) Subsection (2) applies if a nationally accredited testing station becomes
aware that— (a) equipment certified by the testing station should not have
been certified because the equipment did not meet the requirements for
certification; or
(b) the requirements for certification change in a way that
is likely to create an unacceptable level of risk if equipment that has been
certified by the testing station is used for the purpose for which the
equipment was certified; or
(c) the certification of equipment is amended,
suspended or cancelled.
(2) The testing station must give immediate notice of
the fact to— (a) the manufacturer or supplier of the equipment who obtained
the certification; and
(b) the chief inspector.
(3) If a manufacturer or
supplier of certified equipment becomes aware of a matter mentioned in
subsection (1) relating to the equipment, the manufacturer or supplier must
give immediate notice of the matter to— (a) the site senior executive for
each mine at which the equipment is, to the manufacturer’s or supplier’s
knowledge, being used; and
(b) each manufacturer of equipment for the mining
industry to whom the manufacturer or supplier has supplied the equipment; and
(c) each contractor who works in the mining industry and to whom the
manufacturer or supplier has supplied the equipment.
(4) If the site senior
executive for a coal mine becomes aware that a matter mentioned in subsection
(1) relates to certified equipment used at the mine, the site senior executive
must immediately— (a) take action to ensure the continued use of the
equipment does not create an unacceptable level of risk; and
(b) give the
chief inspector notice stating the equipment type and how many items of the
equipment are in use at the mine.
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