From 1 January 2021, SafeWork SA will regulate mine manager competency under the Work Health and Safety Regulations 2012 (SA) (WHS Regulations). This is as a result of the introduction of the Work Health and Safety (Mine Manager Variation) Regulations 2020 (SA) (the WHS Variation Regulations).

Under the WHS Variation Regulations, a mine operator must ensure that they have a competent mine manager appointed at all times in relation to the mine.

Mine manager competency requirements will no longer include:

  • a government administered assessment and certification process (previously administered by the Department for Energy and Mining)
  • minimum age requirements
  • a mining law examination.

Instead a mine operator will need to independently assess the competence of a person to be a mine manager.

The WHS Variation Regulations are aimed at:

  • offering flexibility for mine operators
  • reducing the regulatory burden associated with assessing and certifying the competency of mine managers
  • aligning the regulation of mine manager competency with contemporary work, health and safety regulatory practices, without compromising mine safety.

Mine operators and mine managers should be familiar with the Work Health and Safety Act 2012 (SA) (WHS Act) and the Work Health and Safety Regulations 2012 (SA).

Competencies

Under the WHS Variation Regulations, a mine operator, in appointing a person to be a manager of a mine or quarry with 20 or more workers must be satisfied that the person meets:

A mine operator, in appointing a person to be a manager of a mine or quarry with less than 20 workers must be satisfied that the person meets:

  • the general competency requirements (see Regulation 615A (9)(a)); and
  • any applicable prescriptive competency requirements. There are currently no such requirements for these mines and quarries. However, under Regulation 615A(5)(a), SafeWork SA can issue a notice in the South Australian Government Gazette, determining specific competency requirements such as experience and qualifications.

General

A mine operator will need to make a competency assessment against the general competency requirements.

The mine operator must be satisfied that the person:

  • has the relevant training, qualifications, experience, knowledge and skills to manage and supervise the mining operations carried out at the mine, and
  • has knowledge of the requirements of the Work Health and Safety Act 2012 (WHS Act) and the WHS Regulations, and
  • is capable of managing hazards at the mine.

Mine operators, in satisfying themselves that a person has knowledge of the WHS Act and the WHS Regulations (including Chapter 10):

  • can consider people that have previously passed the mining law exam for their mine/quarry manager certification as having sufficient knowledge;
  • must individually assess any person who has not passed this exam to determine if they have sufficient knowledge. For example, a mine operator could develop an assessment module/adopt an industry module on this legislation.

Prescribed

In addition to the general requirements, the mine operator must be satisfied that a person meets any applicable prescribed competency requirements.

Mine manager competency requirements

Underground mine with 20 or more workers
Type of requirement General competency requirements

General competency requirements

  1. has the relevant training, qualifications, experience, knowledge and skills to manage and supervise the mining operations carried out at the mine, and
  2. has knowledge of the requirements of the Work Health and Safety Act 2012 and the Work Health and Safety Regulations 2012 (particularly Chapter 10), and
  3. is capable of managing hazards at the mine.
Type of requirement Prescribed competency requirements

Prescribed experience

Has at least 5 years experience working at a mine and:

  • at least 3 of those years were spent working at an underground mine during which the person had—
    1. 2 years underground mining operational experience, and
    2. experience supervising underground mining operations.

Prescribed qualifications

Holds a degree or diploma in mining engineering from a university or tertiary institution in Australia, or an equivalent institution as determined by the regulator.

Quarry with 20 or more workers
Type of requirement General competency requirements

General competency requirements

  1. has the relevant training, qualifications, experience, knowledge and skills to manage and supervise the mining operations carried out at the mine, and
  2. has knowledge of the requirements of the Work Health and Safety Act 2012 and the Work Health and Safety Regulations2012 (particularly Chapter 10), and
  3. is capable of managing hazards at the mine.
Type of requirement Prescribed competency requirements

Prescribed experience

SafeWork SA has prescribed the following experience, by issuing a notice in the South Australian Government Gazette:

  • has at least 3 years practical experience in quarrying during which the person had –
  1. 1 year quarrying operational experience, and
  2. experience supervising quarry operations.

This gazette notice operates from 1 January 2021.

Prescribed qualifications

SafeWork SA has prescribed the following experience, by issuing a notice in the South Australian Government Gazette:

  • holds a degree in mining engineering or diploma in surface operations management from a university or tertiary institution in Australia, or an equivalent institution as determined by the regulator.

This gazette notice operates from 1 January 2021.

Note: For the purposes of the gazette notice, a quarry is defined is meaning a quarry, open cut, gravel pit, sand pit, clay pit, borrow pit or other excavation, other than an underground mine, made in the natural surface of the ground for the purpose of recovering any mineral, and includes works.

Underground mine/Quarry with under 20 workers
Type of requirement General competency requirements

General competency requirements

  1. has the relevant training, qualifications, experience, knowledge and skills to manage and supervise the mining operations carried out at the mine, and
  2. has knowledge of the requirements of the Work Health and Safety Act 2012 and the Work Health and Safety Regulations2012 (particularly Chapter 10), and
  3. is capable of managing hazards at the mine.
Type of requirement Prescribed competency requirements

Prescribed experience

None prescribed, must meet general competency requirements.

SafeWork SA can issue a notice in the South Australian Government Gazette, determining specific competency requirements such as experience and qualifications.

Prescribed qualifications

None prescribed, must meet general competency requirements.

SafeWork SA can issue a notice in the South Australian Government Gazette, determining specific competency requirements such as experience and qualifications.

Calculating the number of workers

When calculating the number of workers at a mine or quarry, for the purposes of determining the applicable mine manager competencies, SafeWork SA’s position is that the following applies:

  • the number of workers is the number of workers in a 24 hour period under a mine’s normal operations, including contractors
  • during a period where there is an increase in contract workers, e.g. shutdowns and major construction projects, any additional workers engaged in this period are not included in the calculation of number of workers
  • the mine operator, if they choose, can divide the mine site into operational areas, such as processing, surface mining; underground mining; concrete batching plants; maintenance workshops; waste transfer stations etc. The mine operator can then calculate the number of workers within those activities and appoint a manager as required.

Appointment of mine managers

One mine manager for multiple mines

SafeWork SA has developed a process to enable mine operators to apply for an exemption to allow for the appointment of a mine manager across multiple sites.

Applications will be considered on a case by case basis, taking into consideration:

  • the number of workers employed at the site
  • site supervision arrangements that will be place at times where the mine manager is not on site
  • information provided on how the appointment mine manager will undertake regular inspections across multiple sites
  • information provided on how the mine manager will be appointed, their roles and responsibilities; and
  • which sites are proposed to be covered.

Mine manager to be appointed at all times

A mine operator must ensure that they have a competent mine manager appointed at all times in relation to the mine. There is nothing preventing more than 1 person being appointed as a mine manager to cover temporary absences of the mine manager. The onus will be on the mine operator to make sure that each mine manager meets the competency requirements.

Transferability of existing mine manager certifications

When a mine operator is assessing the competence of a person to be a mine manager under the WHS Variation Regulations, SafeWork SA’s position is that:

  • an existing mine manager who can present their existing underground mine or quarry manager's certification to a mine operator, can be deemed by the mine operator to be competent under the WHS Variation Regulations
  • if this manager does not have the competencies that correspond with their certification, they have a transition period of five years from the commencement of the WHS Variation Regulations, to obtain these competencies.

A mine operator must also be satisfied about the ongoing competence of an appointed mine manager i.e. against the general competency requirements and any applicable prescriptive competency requirements. SafeWork SA expects the mine operator to organise continuing professional development for the mine manager.

Mutual Recognition

Whether a mine operator accepts a person’s particular qualification, such as an interstate qualification or interstate mine/quarry manager certification, is up to them. They have to be satisfied that the person meets the competency requirements under the WHS Variation Regulations.

Seniority

The competent mine manager will not need to be the most senior person on site. The competent mine manager will need to meet the competency requirements under the amendments.

Enforcement

SafeWork SA’s determination about the competence of a person to be a mine manager will form part of its broader assessment of a mine site. Accordingly, SafeWork SA inspectors will:

  • examine and determine mine manager competence against the applicable competency requirements in the WHS Variation Regulations and in any gazette notices. It will consider how the mine operator has satisfied themselves that the mine manager meets these requirements
  • inspect the safety management system
  • inspect records of any training provided to a worker.

Background to the changes

In 2016 the former Department of State Development reviewed the certification process for mine and quarry managers. The aim of the review was to explore potential improvements, verify if the certification processes were suitable for contemporary mining industry requirements and assist in the formulation of an updated, fit for purpose statutory framework.

To assist with this work, the Department of Energy and Mining (DEM) engaged a consultant, Mr Bryan Russell, to undertake a comprehensive review of the legislative requirements for the competency of mine managers in South Australia. In September 2016, Mr Russell released his review report, Review of Mine Manager Competency Legislation: The Mines and Works Inspection Regulations 2013 Options Paper (the Russell Report).

The Russell Report provided three options for legislative reform. Following significant consultation, DEM and SafeWork SA determined that Option 2 of the Russell Report provides the best regulatory outcome. Option 2 is as follows:

remove the mine manager assessment and certification process from the MWI Act and MWI Regulations and amend the WHS Regulations to include additional requirements that the mine operator appoints a competent person with the appropriate training, qualifications and experience to the position of mine manager.

DEM and SafeWork selected Option 2 on the basis that it provides the best regulatory outcome. It removes the red tape associated with assessing and certifying the competency of mine managers and aligns the regulation of mine manager competency with contemporary work, health and safety regulatory practices. It also does not compromise on mine safety.

The amendments are consistent with Option 2.

Further information

Regulations as published in the South Australian Government Gazette

Competencies as published in the South Australian Government Gazette