Government of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and Petroleum

Regulatory Framework for Drug and Alcohol Testing on Western

Australian Mine Sites

Mike RowePrincipal Health Advisor

Government of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and Petroleum

Current Mines Safety & Inspection Regulations 1995

• Regulation 4.7 Intoxicating liquor or drugs

- Paraphrased

(1) No person to be on a mine when adversely affected by intoxicating liquor or drugs

(2) Principal employer may direct an employee to leave the mine if in their opinion the employee is adversely affected

(3) Employee must comply with a direction under (2)

(4) A person must not possess or consume intoxicating liquor or deleterious drugs on a mine without manager’s permission

Government of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and Petroleum

Industry Briefing on Synthetic DrugsMay 2011

• DMP advised the industry that:

- The employer should stand down an employee if in the opinion of the principal employer the employee is adversely affected by intoxicating liquor or drugs.

- In the case of a serious accident / incident the Department would investigate the employers liability if the employer was aware the employee appeared adversely affected by drugs or alcohol prior to the incident, but had not taken action.

- The industry was advised that employers should discuss with employees and unions what testing techniques and regimes were to be used.

- These discussions should also clarify the procedures to be followed if an employee was found to test positive for one or more of the new synthetic drugs.

Government of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and Petroleum

National OHS Harmonisation Process

Current intention is that the harmonised legislation will be introduced into Western Australia in Jan 2012.

There are 3 parts to the proposed legislation:• Model Work Health and Safety Regulations

- These overarching regulations apply to all workplaces in Australia, including mine sites.

• Model Work Health and Safety (Mines) Regulations

- These regulations form Part 10 of the above regulations and will specifically apply to all mine sites in Australia.

• NMSF Non-Core Mine Safety Regulations- These regulations will include specific provisions likely to be adopted by Western Australia, Queensland and New South Wales.

Government of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and Petroleum

Drug and Alcohol Testing

• Model Work Health and Safety Regulations There is no reference to either alcohol or drug testing in these regulations.

• Model Work Health and Safety (Mines) RegulationsPart 10.3 addresses fitness for work, health assessments and health monitoring as well as drug and alcohol testing. Not yet finalised.

• NMSF Non-Core Mine Safety Regulations Significant changes to proposed legislation in the last few weeks.

Government of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and Petroleum

Model Work Health and Safety (Mines) Regulations - Part 10

• Reg 671 – Drugs (including alcohol), duty of mine operator

• Reg 672 – Duty of persons in relation to drugs (including alcohol

• Reg 675 – Specific Requirements, drugs (including alcohol)

• Reg 675A – Alcohol testing• Reg 675B – Drug (other than alcohol) testing• Schedule 23 – Not yet provided

Government of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and PetroleumGovernment of Western Australia Department of Mines and Petroleum

Thank you

Any Questions?