What is Schedule 26 (S26) and what are the new rules around statutory supervisors on mine sites?
Schedule 26 (3.1) is a provision of the WA Work Health and Safety (Mines) Regulations 2022 that mandates a mine operator to appoint a statutory supervisor to oversee the tasks of all workers, their interactions, and hazards within their designated area at the mine. A statutory supervisor must be experienced, have completed specific risk management training, and passed a government-issued exam to be appointed.
Under the transitional arrangements for the WHS Mines Regulations, a competent person can be appointed to the statutory supervisor position until 20 March 2026. After this date, the person appointed as a statutory supervisor must meet the eligibility criteria for that statutory position. It’s worth noting that some mining companies require supervisors to be Schedule 26 compliant in order to supervise on site, regardless of the March 2026 arrangement.
What is a Statutory Supervisor and what do they do?
A statutory supervisor is a person appointed by a mine operator to oversee the tasks of all workers, their interactions, and hazards within their designated area at the mine. Under the Work Health and Safety (Mines) Regulations 2022, a statutory supervisor is required to be appointed by the mine operator in any of the following areas:
- Laboratory
- Processing plant
- Quarry
- Workshop
- Any place where the mine operator considers the position necessary to reduce the risks to health and safety associated with mining operations.
Duties of the statutory supervisor include:
- Allocating tasks to workers for them to carry out at the appointed place.
- Supervising and controlling workers and other persons at the appointed place.
- If necessary, inspecting areas where workers and other persons travel to the appointed place for risks or hazards.
- Taking steps to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to risks or hazards in the appointed place.
- If the supervisor is being replaced by another supervisor, providing written reports to the incoming supervisor under regulation 630.
Who is eligible for S26 certification?
The Department of Energy, Mines, Industry Regulation & Safety (DEMIRS) states that a person is eligible to be appointed as a statutory supervisor for a place at a mine if the person:
- Has worked for at least 2 years as a supervisor or worker in a similar operation or industry that the mine is engaged in.
- Successfully completes an approved WHS risk management unit for statutory supervisors.
- Passes an applicable legislation examination for statutory supervisors.
How can I become a Supervisor?
In short, to become a statutory supervisor you must:
- Have worked for 2 years on a mine site or similar.
- Complete WHS risk management units through a training provider.
- Pass the Exam for Statutory Positions.
If you have already worked for at least 2 years as a supervisor or worker in mining, you’ll need to complete approved WHS risk management units through a training provider such as Schedule 26 Training. There are a number of WHS units applicable to statutory supervisors, but most major mining companies require completion of the following units to work as a supervisor on site:
- BSBWHS411 – Implement & monitor WHS policies, procedures & programs
- BSBWHS414 – Contribute to WHS risk management
Schedule 26 Training provides these units in a two-day short course, the fastest way to get accredited. On completion of these units, you’ll be eligible to sit the exam through DEMIRS.
Click HERE to book your Statutory Supervisor course with Schedule 26 Training
What is the Schedule 26 Exam and what does it consist of?
A statutory supervisor candidate must sit the Exam for Statutory Positions through the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS). The exam tests a candidate’s knowledge of health and safety legislation, mine safety, and role-specific codes of practice.
The exam consists of 55 questions taken from a bank of questions. No two exams will be exactly the same. Questions are either:
- True or False (Yes or No)
- Multiple Choice
- Fill in the blank
A majority of the questions refer to the Work Health and Safety Act 2020, the Work Health and Safety (Mines) Regulations 2022, and a relevant Mine Safety Management System. Copies of these texts are provided, but candidates can bring their own annotated copies.
The exam is divided into three pools of questions:
Pool 1 – Mandatory questions – 90% mark required to pass
Mandatory questions test the candidate’s knowledge of WHS law and relate to the following act and regulations:
- WHS Act 2020: Questions are centered around sections dealing with duties, consultation, obligations, and the powers and functions of the regulator.
- WHS (Mines) Regulations 2022: Questions are focused on mine safety management systems and hazard and risk management.
Pool 2 – General questions – 80% mark required to pass
General questions test a candidate’s ability to navigate legislative texts. Questions can be taken from any part of the WHS Act or regulations, and the candidate must locate the answer in either text.
Pool 3 – Role-specific questions – 90% mark required to pass
These questions are specific to the role of a statutory supervisor on a mine site. Typically, most questions will come from the Mine Safety Management System Code of Practice.
For examples of questions you may be given during the exam, see THIS VIDEO from DEMIRS.
How do I book the Statutory Supervisor Exam?
Once you have completed your risk management training with Schedule 26 Training, you can go ahead and book your exam through the DEMIRS Mine Statutory Position Portal (MSPP). This guide will help you with booking the examination.
References
Preparing for a statutory examination – Department of Energy, Mines, Industry Regulation and Safety.
MSPP: Understanding the legislation exams for statutory positions
What are statutory positions and who is eligible for appointment?