people, manufacturers, designers, importers and suppliers. The broad duties established by
the OSH Act are supported by further legislation, commonly referred to as regulations,
together with non-statutory codes of practice and guidance notes.
OCCUPATIONAL SAFETY AND HEALTH REGULATIONS 1996
The OSH Regulations have the effect of spelling out specific requirements of the
legislation. They may prescribe minimum standards and have a general application, or
define specific requirements related to a particular hazard or type of work. They may also
allow licensing or granting of approvals and certificates etc.
THE MINES SAFETY AND INSPECTION ACT 1994
The MSI Act sets objectives to promote and improve occupational safety and health
standards within the minerals industry.
Code of Practice : Work Hours
The broad duties set out in the MSI Act are supported by further legislation, commonly
referred to as regulations, together with non-statutory codes of practice and guidelines.
THE MINES SAFETY AND INSPECTION REGULATIONS 1995
The MSI Act is supported by the MSI Regulations, which provide more specific
requirements for a range of activities. Like the MSI Act, regulations are enforceable and
breaches may result in prosecution, fines or directions to cease operations and undertake
remedial action.
CODES OF PRACTICE PUBLISHED UNDER THE OSH ACT AND THE MSI ACT
Codes of practice published under the OSH Act and MSI Act provide practical guidance on
how to comply with a general duty or specific duties under the legislation.
Codes of practice may contain explanatory information. However, the preventive strategies
outlined do not represent the only acceptable means of achieving a certain standard.
A code of practice does not have the same legal force as a regulation and is not sufficient
reason, of itself, for prosecution under the legislation, but it may be used by courts as the
standard when assessing other methods or practices used.
ORGANISATION STRUCTURE
It is required under subsection (1) or (4) of the MSI Act 1994 to provide to the district
inspector the name and address of a partnership, syndicate or other association of persons
(an “association”) there is also a duty to provide the name and address of each member of
the association.
In accordance with Section 44 of MSI Act 1994, a registered manager must appoint or
ensure the appointment of such competent persons as are necessary to assist the registered
manager to carry out his or her duties under this Act and, except where this Act or the
regulations require the appointment to be notified in some other way, must record the facts
and nature of each such appointment in the record book.