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

DOCX | 26kB
2018 WAIRC 00269
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

Alcoa of Australia Limited -v- Andrew Chaplyn State Mining Engineer Department of Mines and Petroleum

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