OH&S (Issue 26)

Should the Extractive Industry be regulated under OHS (Mines) Regs?

Due to the introduction of the new OHS Act, all regulations under the previous Act are presently being reviewed.

This will see the establishment of a general overarching regulation and a number of underlying regulations detailing how specific issues should be addressed (for instance plant).

One of these specific regulations will be the revised OHS (Mines) Regulations. As part of this review, the CMPA has been asked to consider the DPI’s proposal that the mines regulations be expanded to cover quarries.

In order to address this query, the CMPA sent a survey to all Voting Members to establish their feelings on this important regulatory issue.

There has been an overwhelmingly negative response to this —the extractive industry should not be regulated under this legislation. (See figure 1)

WorkCover have been advised that the Members of the CMPA will not support this proposal without further information being provided to them.

Future Moves
Members will be asked to reconsider their position upon the presentation of a clear summary of the additional responsibilities incurred by this change. This summary must be developed by WorkCover to ensure that the interpretation is legally correct.

The CMPA will continue to be involved in the development of this issue and will keep members informed.

Smoking in the Workplace—Part 1

As many of you would be aware, new anti-smoking laws were implemented from 1 March, 2006 under the Tobacco Act 1987. The new laws in summary will:

• Ban smoking in most enclosed workplaces
• Ban smoking, promotion of tobacco and sale of tobacco products at underage ‘music/dance’ events
• Ban smoking in covered areas of train stations, tram stops and bus stops
• Further restrict tobacco advertising
• Strengthen laws relating to the sale of tobacco products to young people
• Ban smoking in licensed premises from 1 July 2007

The first of these new laws will affect any worksite which does not already have a blanket non-smoking policy.

What is an enclosed area?

The term ‘Enclosed’ refers to any area, room or premises that is substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of them is permanent or temporary, or opened or closed. The height of the roof is irrelevant.

This would for instance include:

• Workshops with large doors (even if well ventilated)
• Lunch rooms
• Crushing plant control rooms

It does not include vehicles (even heavy earthmoving equipment) and would not include a shade sail if erected on poles. If a shade sail was attached to a wall, it may present difficulties.

There are some exemptions, but most sites will not fall under these.

What should I do?

To address these new laws, you would need to:

• Ensure everyone who works on the site is aware that they will no longer be permitted to smoke in enclosed workplaces
• Designate outdoor smoking areas that are not enclosed
• Consider displaying no smoking signs to ensure persons on site are reminded that they are not permitted to smoke

Continued in Issue 27—June 2006

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