Frequently asked questions on expiry dates of Certificate of Competence for quarries
If you fall under either of the following three categories please consider the options below:
Case 1: A quarry where the manager has no CoC and has never held a CoC.
Case 2: A quarry where the manager’s CoC expires mid-way through 2015.
Case 3: A quarry where the manager’s CoC has no expiry date or expires after 1 January 2016.
The WorkSafe position statement on ‘Improvement Notices’ refers to anyone who is currently managing a quarry who has never held a certificate of competence (CoC). We were advised that there could be many small quarrying operations where managers never obtained a B –grade quarry manager CoC. The regulator previously possibly never challenged this situation. We will.
However, if the site is otherwise safe, we will not shut them down but give the quarry manager a year in which to get the B-grade quarry manager CoC they require, provided they tell us about it. That will be controlled by an Improvement Notice. WorkSafe’s position is:
The HHU Extractives transitional approach
HHU Extractives will work with the sector to advise and support quarry operators to ensure each quarry has a manager with the required CoC.
If a quarry manager does not have the required CoC, an HHU Extractives inspector will consider issuing an improvement notice under the Health and Safety at Work Act 2015 for a period of up to one year to enable the quarry manager to gain the CoC. If this improvement notice is issued it will state that the quarry may continue to operate while the quarry manager gains the relevant CoC.
Before an inspector makes a decision to issue an improvement notice the quarry operator will need to advise HHU Extractives on how health and safety systems are being implemented in the quarrying operation and satisfy HHU Extractives that safety is being appropriately managed.
This approach only applies as follows:
- The improvement notice is issued in order to allow a quarry manager time to gain the required CoC. If a visiting HHU Extractives inspector identifies other unsafe features at the quarrying operation, appropriate enforcement action will be taken
- From 1 July 2015 HHU Extractives will expect operators either to have a manager with the necessary CoC or to be operating under an improvement notice as outlined above.
If neither is in place appropriate enforcement action will be taken
- If a quarry is operating under an improvement notice, HHU Extractives expects the quarry to be committed to a robust process actively supporting the manager to achieve the necessary CoC within the period set out in the notice.
For quarry managers who currently hold a CoC that expires (for example) mid-way through 2015, the Mining regulations 2013 - Schedule 1, part 11 apply.
According to the regulations, in the transition year the expiry date will be 1 January 2016 regardless. For example, if someone has a CoC that expires on 1 July 2015, the regulations state that in fact it does not expire until 1 January 2016.
A quarry manager whose CoC expires after 1 January 2016 or has no expiry date: According to the regulations their certificate would expire on 1 January 2016.
Case 2 and 3 are essentially the same: the CoC expires on 1 January 2016. Like everyone else they would be required to enter into a process of upgrading their existing CoC with additional unit standards.