Section 44 No Longer Applicable: What has Changed?
Under the previously applicable Section 44 of the Mines Safety and Inspection Act (WA), Mine Managers were able to delegate certain tasks to ‘approved’ or ‘appointed persons’.
The old MSIA 1994 referred to a ‘Competent Person’ as someone who is appointed or designated by the employer to perform specified duties which the person is qualified to perform by knowledge, training and experience.
Under the new WHSR 2022 (applicable as of 31 March 2022), a ‘Competent Person’ is someone who has acquired through training, qualification or experience the knowledge and skills to carry out the task.
Now there is no appointed person for conducting inspections. However, you will need to ensure they are qualified and experienced.
Due to these recent changes, the Section 44 training course is no longer available.
➜ Learn more about the new WHS Regulation Updates