Summary
The Act assigns specific safety obligations to different duty holders — the mine operator, the mine manager, supervisors, and workers. Understanding who is responsible for what is essential for every supervisor.
What This Means on Shift
As a supervisor, you are a duty holder under the Act. This means you have personal legal obligations that cannot be delegated. You must ensure your team works safely, hazards are managed, and any unsafe conditions are addressed immediately.
- You are personally responsible for safety in your area
- You cannot delegate your duty holder obligations
- You must ensure your team has the training and resources to work safely
- You must address unsafe conditions — not just report them
- You can be prosecuted personally for breaches of your duty
Where to Find It
Duty holder obligations are set out in sections 6 to 10 of the Mines Safety and Inspection Act 1994. Section 6 covers the mine operator. Section 7 covers the mine manager. Section 9 covers supervisors. Section 10 covers workers.
- Mines Safety and Inspection Act 1994 – s.6 (mine operator)
- Mines Safety and Inspection Act 1994 – s.7 (mine manager)
- Mines Safety and Inspection Act 1994 – s.9 (supervisors)
- Mines Safety and Inspection Act 1994 – s.10 (workers)
Key Points
The duty holder hierarchy means that obligations flow from the operator down to the worker. Each level has specific responsibilities. A supervisor cannot use 'I was following orders' as a defence if they knew or should have known that the instruction was unsafe.
- Mine operator: overall responsibility for safety management system
- Mine manager: day-to-day management of safety
- Supervisor: safety of their team and work area
- Worker: personal safety and not endangering others
- All duty holders can be prosecuted for breaches