(1)  A mine operator must, as part of the health and safety management system for the mine, develop and implement a documented fitness-for-work program in relation to the health, safety and welfare at work of all persons performing work at the mine.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.

(2)  For the purposes of subregulation (1) , a fitness-for-work program is a program that –

(a) includes measures to eliminate or, where elimination is not reasonably practicable, minimise –

(i) the risks to health and safety arising from the consumption of alcohol or drugs at the mine; and

(ii) the risks to health and safety arising from fatigue; and

(b) takes account of any relevant guidance material; and

(c) is consistent with any relevant code of practice approved under the Work Health and Safety Act 2012 .