Frequently asked questions relating to key statutory positions.
Which statutory positions require notification of appointment?
Notification of appointment to the WorkSafe Commissioner is only required for two of the five key statutory positions – site senior executive and exploration manager.
The approved form for the notification is accessed through the Safety Regulation System (SRS).
Note: There is no requirement to notify WorkSafe about appointments to Schedule 26 statutory positions, which includes the remaining three key statutory positions as defined in r. 5 of the Work Health and Safety (Mines) Regulations 2022 (i.e. underground manager (non-coal); underground manager (coal); quarry manager). However, mine operators are required to record all appointments, and they may choose to use SRS for this purpose.
What does “in writing” mean when accepting an appointment to a statutory position?
The written record accepting appointment to a statutory position may include an email, a signed document such as a job description form, or an acknowledgement letter. Verbal acknowledgement is not accepted. This approach allows for a record of the acceptance to be produced if requested by a WorkSafe inspector.
When is an alternate required for a key statutory position?
If a person appointed to a key statutory position is on leave or unavailable, an alternate person may carry out the functions. The alternate must be appropriate for the position (in that they meet the relevant criteria) and be appointed by the mine operator.
What are the requirements of an alternate for a key statutory position?
Alternates must be capable of, and available to, carry out the functions of the key statutory position. They must be an appropriate person, which means that they meet the relevant criteria for the key statutory position.
Are alternates required to meet the training and examination requirements of the key statutory position?
Yes, otherwise they would not be appropriate persons.
Note: This requirement is subject to the WHS transition arrangements, and WorkSafe Commissioner’s Statement of Regulatory Intent.
How many alternates are permitted for a key statutory position?
There is no limit to the number of alternates who may be appointed.
Does the appointment of an alternate for a key statutory position need to be notified?
Yes, notification of appointment of an alternate is required for site senior executives and exploration managers.
Can key statutory positions have more than one appointment?
No, there must be no more than one person appointed to each key statutory position for the mine at the same time. However, there are no limits on the number of alternates.
Does a mine that is on care and maintenance require the appointment of a site senior executive?
Yes, while a mine is in care and maintenance, a site senior executive must be appointed. If there is work being performed at the mine as part of care and maintenance, the site senior executive or their alternate will need to be at or near the mine while there are workers at the mine. There may also be the requirement to appoint statutory supervisors if the mine operator and mine safety management system deem it necessary to reduce the risks to worker health and safety.