Alcoa of Australia Limited -v- Andrew ChaplynState Mining EngineerDepartment of Mines and Petroleum
Document Type: Order
Matter Number: OSHT 3/2017
Matter Description: Review of Improvement Notice
Industry: Engineering
Jurisdiction: Occupational Safety and Health Tribunal
Member/Magistrate name: Senior Commissioner S J Kenner
Delivery Date: 26 Apr 2018
Result: Prohibition notice affirmed with modifications
Citation: 2018 WAIRC 00269
WAIG Reference: 98 WAIG 392
REVIEW OF IMPROVEMENT NOTICE
THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL
PARTIES ALCOA OF AUSTRALIA LIMITED
APPLICANT
-V-
ANDREW CHAPLYN
STATE MINING ENGINEER
DEPARTMENT OF MINES AND PETROLEUM
RESPONDENT
CORAM SENIOR COMMISSIONER S J KENNER
DATE THURSDAY, 26 APRIL 2018
FILE NO/S OSHT 3 OF 2017
CITATION NO. 2018 WAIRC 00269
Result Prohibition notice affirmed with modifications
Representation
APPLICANT MR R WADE OF COUNSEL
RESPONDENT MR L NIXON OF COUNSEL
Order
HAVING heard Mr R Wade of counsel on behalf of the applicant and Mr L Nixon of counsel on behalf of the respondent the Tribunal, pursuant to the powers conferred on it under the Mines Safety and Inspection Act 1994, hereby orders –
(1) THAT prohibition notice NP-372-223057 be and is hereby modified by:
(a) In the prohibitions by deleting the words “that is being disturbed, abraded or otherwise contacted in any manner” and inserting in lieu thereof the words “that is or has been damaged and/or disturbed and/or has deteriorated in any manner”; and
(b) In the exceptions in par 4 delete the words “competent expert” and insert in lieu thereof the words “competent person”.
(2) THAT otherwise prohibition notice NP-372-223057 be and is hereby affirmed.
SENIOR COMMISSIONER S J KENNER
REVIEW OF IMPROVEMENT NOTICE
THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL
PARTIES Alcoa of Australia Limited
APPLICANT
-v-
Andrew Chaplyn
State Mining Engineer
Department of Mines and Petroleum
RESPONDENT
CORAM Senior Commissioner S J Kenner
DATE THURSDAY, 26 APRIL 2018
FILE NO/S OSHT 3 OF 2017
CITATION NO. 2018 WAIRC 00269
Result Prohibition notice affirmed with modifications
Representation
Applicant Mr R Wade of counsel
Respondent Mr L Nixon of counsel
Order
HAVING heard Mr R Wade of counsel on behalf of the applicant and Mr L Nixon of counsel on behalf of the respondent the Tribunal, pursuant to the powers conferred on it under the Mines Safety and Inspection Act 1994, hereby orders –
(1) THAT prohibition notice NP-372-223057 be and is hereby modified by:
(a) In the prohibitions by deleting the words “that is being disturbed, abraded or otherwise contacted in any manner” and inserting in lieu thereof the words “that is or has been damaged and/or disturbed and/or has deteriorated in any manner”; and
(b) In the exceptions in par 4 delete the words “competent expert” and insert in lieu thereof the words “competent person”.
(2) THAT otherwise prohibition notice NP-372-223057 be and is hereby affirmed.
Senior Commissioner S J Kenner