How long can someone on the Management Structure be away before a replacement is appointed?
Queensland's mining legislation directly addresses appointments during absence of statutory roles such as Site Senior Executive (SSE), Electrical Engineering Manager (EEM) and other statutory positions; but what about everyone else - the other Senior and Supervisory Positions documented in the s.55 (Coal) and s.50 (Metals and Quarrying) Management Structure?
For these roles the Act sets no absence trigger.
What the legislation says
We will focus on Coal Mining legislation as it is the most stringent. For some of these concepts minerals mines and quarries have no equivalent, but coal works as a de facto guideline.
CMSHA Section 58 applies to a person who is mentioned in the Management Structure, actively supervises coal mine workers where there is a risk to them, and is temporarily absent from duty. The SSE must appoint another competent person to perform their duties while they are away. The section has no minimum period, so any temporary absence counts.
For positions where the person doesn't actively supervise workers, or where there is no risk to the workers, the Act remains silent.
What Recognised Standard 22 says
RS22 Section 8 ("Absences") repeats the s 58 test - The SSE must ensure the absence does not create an unacceptable level of risk, or else appoint another competent person. On timing, RS22 says the requirement to appoint should be "relevant to the level of risk and the duration of the absence". It sets no number of days, so the decision sits with the SSE.
What My Competency Expert proposes
Our template Management Structure Plan gives the SSE a defined approach within that discretion:
"As per Recognised Standard 22 (RS22) Section 8, the requirement to appoint another person to any position in the Management Structure is at the discretion of the SSE and shall be relevant to the level of risk and the duration of the absence."
The template then sets two tiers.
30 days or more: "If any person who is appointed to a position on the Management Structure is absent from site for a period of 30 days or more, the SSE shall appoint a suitably competent and qualified person temporarily to that position. A 'Management Structure Appointment' shall be issued." Material Unwanted Event (MUE) responsibilities transfer to the new incumbent. For Senior Persons, this triggers an update to the Management Structure Plan and the Regional Inspector is notified.
Less than 30 days: "At the discretion of the SSE, if any person appointed to a position on the Management Structure is absent from site for a period of less than 30 days, a replacement person is not required to be formally appointed into that Management Structure role. In this circumstance, any person filling in the role is considered to be primarily fulfilling the role for day-to-day operational functions only and no appointment letter shall be issued." MUE responsibilities stay with the permanent appointee, and no change to the Management Structure or notification to an inspector is triggered.
The 30-day line separates a formal appointment from a less formal delegation of day to day duties without Management Structure SHMS responsibilities. Anyone who actively supervises workers where there is a risk still has a competent person assigned from the first day.
Why this approach
Because RS22 states a way of achieving an acceptable level of risk (s 37 CMSHA), a site can adopt a different way, provided it achieves an equal or better level of risk. The 30-day line is our proposed way of doing that. The SSE can set a shorter trigger for high-risk roles.
Supporting Evidence
We suggest this is just one of a number of fundamental decisions taken by the Site Senior Executive when establishing the site Management Structure. As such, it should be documented, Risk Assessment and recorded on the mine record.