Application for a NSW Trade & Investment reference to WorkCover NSW for a Blasting Explosives User Licence (metalliferous and extractive mines) issued under the Explosives Act 2003 Introduction This form is to be used to apply for a reference to WorkCover NSW for a Blasting Explosives User Licence (BEUL) for metaliferous and extractive mines. Only individuals who are 18 years of age or older may apply. The applicant must provide proof of a current Security Clearance (SC) or Unsupervised Handling Licence (UHL). The SC is the replacement qualification for the UHL. A NSW Trade & Investment Mine Safety Inspector or Mine Safety Officer will verify the details of your application and arrange an assessment of your skills and knowledge. This assessment can take the form of a practical, oral or written evaluation prior to granting you a reference. For more information refer to the guide at the end of this application form. How to fill in this form Please use black ink only and print within the boxes in BLOCK LETTERS. Where options are provided, please mark box(es) with a to indicate selection(s). Certified copy means a photocopy of the original document that has been certified as a true copy by a Justice of the Peace (JP). The JP must provide, beneath the certification, their signature, the date on which the certification was made, their JP registration number and the state in which they are registered. Privacy compliance statement This information is collected by NSW Trade & Investment Mine Safety for the purposes of undertaking the evaluation, assessment and processing of an application for a reference for a BEUL, as required by the NSW Explosives Act 2003 and the NSW Explosives Regulation 2013. NSW Trade & Investment Mine Safety will also use this information for the purposes of confirming applicant details and it may also be used to establish and maintain an internal and external database and to assist NSW Trade & Investment Mine Safety inspectorate with their work generally. This information may also be made available to other state and territory agencies, including WorkCover NSW. Except for the purpose of prosecution, and unless such disclosure is otherwise required or permitted by law, the information will not be otherwise accessed by any third parties in a way that would identify the individual, without the consent of that individual. Applicants are able to gain access to personal information pertaining to their application that is held by NSW Trade & Investment Mine Safety. You may also apply to access and change any of your own personal information NSW Trade & Investment Mine Safety holds if that information is inaccurate, incomplete, not relevant or out of date. Applications should be made in writing to your local Inspector (see addresses in Section 11). OUT14/12525 – May 2014 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 1. Application class Above ground mining Below ground mining Class 1: any above ground metalliferous or extractive mine in NSW Class 1: any below ground metalliferous or extractive mine in NSW Class 2: limited to a specific above ground metalliferous or extractive mine(s) and blasting method(s) List mine(s) and blasting method(s) Class 2: limited to a specific below ground metalliferous or extractive mine(s) and blasting method(s) List mine(s) and blasting method(s) See Section 3 of the guide for more information 2. Applicant’s details First name Salutation Last name Mr Mrs Ms Miss Dr Other: Home address (must not be a PO Box) Postal address Email address Home telephone Mobile 3. Security clearance You must hold a current Security Clearance (SC) or Unsupervised Handling Licence (UHL). Please attach a JP certified copy of the front and back of current SC or UHL. 4. Competencies and experience COMPETENCIES You must have successfully completed the relevant competencies for the class of licence being applied for and attach certified copies of the document(s) showing successful completion of training. See the Guide, Section 6, for additional information. EXPERIENCE You must be able to provide proof of at least six months practical experience for the class of BEUL sought. Typically this would equate to involvement in 12 blasts and details should be provided in Table 1 - Log of Practical Experience. This experience will be gained under the supervision of a qualified BEUL holder. You must also submit a reference from your employer or supervising BEUL holder stating that you have the necessary experience to hold the class of BEUL sought. The reference must include the employer’s/licence holder’s name and a contact number. See the guide, Section 6, for additional information. 5. Other explosives licences Do you hold an explosives licence(s) issued by NSW or another state/territory? If yes, please attach a JP certified copy of the front and back of current licence(s). 6. Reason for requesting a reference It is a requirement for any licence relating to the handling of explosives and/or security sensitive dangerous substances (SSDS), that the applicant must have a legitimate reason for requiring a licence. As such, there must be a legitimate reason for requiring a reference. Please tick at least one box to indicate your reason for requiring a reference. I have attached a letter from my employer stating the reason(s) Education, research or analysis – provide details below Other – provide details below Page 2 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety Page 3 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety Table 1 - Log of Practical Experience Title Family/Surname Date of Birth (DD/MM/YYYY) Given name Details of blasts Date of blast Name of mine Signature of applicant Type of blast e.g. dropcut, production, presplit Total quantity of explosives (kg) No. of blastholes Diameter of blastholes (mm) Average depth of blastholes (m) Outline of applicant’s participation in blasting operation Supervising Shotfirer’s name, contact number, BEUL number Shotfirer’s signature and date Date OUT14/12525 – May 2014 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety Table 1 - Log of Practical Experience Title Family/Surname Date of Birth (DD/MM/YYYY) Given name Details of blasts Date of blast Name of mine Signature of applicant Type of blast e.g. dropcut, production, presplit Total quantity of explosives (kg) No. of blastholes Diameter of blastholes (mm) Average depth of blastholes (m) Outline of applicant’s participation in blasting operation Supervising Shotfirer’s name, contact number, BEUL number Shotfirer’s signature and date Date Page 5 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 7. Mining legislation questionnaire Introduction The following questionnaire needs to be completed and submitted with your application. The purpose of this questionnaire is to assess your knowledge and understanding of the provisions of safety and explosives legislation applicable on a mine site. You should answer all the following questions personally in your own time. You will need to refer to the Work Health and Safety Act 2011, Work Health and Safety Regulation 2011, Mine Health and Safety Act 2004, Mine Health and Safety Regulation 2007 as well as the Explosives Act 2003 and Explosives Regulation 2013. Note: Use the words from the legislation or your own understanding of the legislation, unless otherwise requested. Please complete answers in your own handwriting. Work Health and Safety Act 2011 (WHSA) and Work Health and Safety Regulation 2011 (WHSR) 1. As far as reasonably practicable, what must a person conducting a business or undertaking ensure to comply with their duty of care? List at least five requirements. S 19(3) WHSA 2. What is the meaning of ‘reasonably practicable’ in ensuring health & safety? S 18 WHSA 3. Explain why the Shotfirer should consult with the blast crew when decisions are sought to deal with health and safety issues? S 48 WHSA 4. When is consultation required at the mine site? List four health and safety matters. S 49 WHSA OUT14/12525 – May 2014 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 5. What are the requirements under the WHSR to manage risks? Cl 35 WHSR 6. If it is not reasonably practicable for the duty holder to eliminate risks to health and safety, what are the five control measures, in order of effectiveness, as set out in the hierarchy of control measures? Cl 36(3) (4) (5) WHSR 7. With respect to first aid, what must a person conducting a business or undertaking ensure? Cl 42 WHSR Mine Health and Safety Act 2004 (MHSA) and Mine Health and Safety Regulation 2007 (MHSR) 8. What are the requirements for handling explosives at a mine? MHSR Cl 55 9. The MHSA requires all mines to have a Mine Safety Management Plan in place. What must the plan include which relates to blasting? List four items. MHSR Cl 14 Page 7 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 10. What are the responsibilities of a mine operator with respect to providing supervision of extraction activity? MHSR Cl 16 11. How should a mine operator ensure that adequate response is made when a situation is not controlled by the mine safety management plan for the mine and there is a threat to the life or physical well-being of persons at or outside the mine? MHSA S 42. 12. What matters must a fitness-for-work program address? MHSR Cl 82. 13. What should the mine operator consider when assessing risks associated with the handling of explosives at the mine? MHSR Cl 41. 14. What information should the mine operator keep regarding the persons handling explosives? MHSR Cl 56. Page 8 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 15. What are the requirements for coordination and communication with persons handling explosives on a mine site? MHSR Cl 57. 16. What blasting related incidents must be notified to an Inspector or Mine Safety Officer? MHSR Cl 145 and Cl 146. Explosives Act 2003 (EA) and Explosives Regulation 2013 (ER) 17. Define explosive precursor, security sensitive ammonium nitrate and security sensitive dangerous substance. ER Cl 3 Page 9 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 18. What are the matters for which the Secretary (formerly the Director-General) of NSW Trade & Investment is declared to be the regulatory authority for at mining workplaces? ER Cl 6 19. What explosives related activities require a licence? ER Cl 17 20. What are the main requirements when storing explosives at a mine? ER Cl 27, 35(1), 84(2), 85, 90(1) Page 10 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 21. What does a BEUL authorise the holder to do? List four activities. ER Cl 28(1) 22. A person handling explosives must do so in such a manner to ensure what? EA S 8(1) 23. What are the reporting requirements for the loss or theft of explosives or explosive precursors at a mine? ER Cl 102 24. When is an emergency plan required, when should it be reviewed and who, in particular, should be provided with a copy for comment? ER Cl 90 Page 11 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 25. What are the rules regarding ignition sources and explosives? ER Cl 105 If space is not sufficient, please answer the questions on your own paper. Page 12 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 8. Verification of legislation and Standards The purpose of this verification is to ensure that the applicant is familiar with, and has access to, the following documents in regard to blasting operations at a mine. If the applicant does not have access to one or more of these documents the application will not proceed. Document Applicant has access to document (yes/no) Applicant’s signature Work Health and Safety Act 2011 Work Health and Safety Regulation 2011 Mine Health and Safety Act 2004 Mine Health and Safety Regulation 2007 Explosives Act 2003 Explosives Regulation 2013 AS 2187.1-1998 Explosives - Storage, transport and use – Storage AS 2187.2-2006 Explosives - Storage, transport and use - Use of Explosives Australian Explosives/Dangerous Codes Other documents as specified by Inspector or Mine Safety Officer but not limited to: Blasting Management Plan Site Security Plan Emergency Plan (related to explosives) Page 13 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 9. Declaration I declare and acknowledge that: I am 18 years of age or older. The information contained in this application form is true and correct in every particular. I consent to the making of enquiries and the exchange of information with the authorities in other states and territories regarding any matter relevant to this application. I am aware that if WorkCover is notified by security authorities of a change in my security status the licence may be suspended or cancelled and my employer may be notified. I am aware that it is an offence under the Explosives Act 2003 to provide any information or produce any documentation that I know is false or misleading and that a licence issued based on false or misleading information may be suspended or cancelled. I agree to comply with the Mine Health and Safety Ac 2004t and the Mine Health and Safety Regulation 2007 I agree to comply with the Explosives Act 2003, the Explosives Regulation 2013 and all conditions of the licence if this reference is granted. Name Signature Date 10. Checklist Please tick the appropriate box(es) to ensure your application is complete prior to submission. Incomplete applications will delay processing. Attached a certified copy of current SC or UHL Attached certified copies of documents showing successful completion of competence training Attached completed log of practical experience Attached reference from employer or supervising BEUL holder Attached certified copies of other explosive licences held (if applicable) Attached documentation to provide evidence of a legitimate reason for requiring a reference Completed mining legislation questionnaire Completed verification of legislation and standards section Signed declaration Privacy notice: Information collected will not be given to any other third party except where required by law. All information provided will be held by the NSW Trade & Investment Mine Safety of NSW Trade & Investment and will be managed in accordance with provisions under the Privacy and Personal Information Protection Act 1998. Office use only Name of officer Date Verification Date Name of applicant’s employer Date Documents verified Date Page 14 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 11. Lodgement Please submit completed application to your closest Mine Safety office addressed to The Inspector of Mines, Mine Safety Operations Armidale Broken Hill Cobar Earth Sciences Building University of New England Ring Rd North, Armidale NSW 2351 PO Box U86 University of New England Armidale NSW 2351 Phone: 02 6738 8500 Fax: 02 6772 8664 Level 2, 32 Sulphide Street, Broken Hill NSW 2880 PO Box 696 Broken Hill NSW 2880 Phone: 08 8088 9300 Fax: 08 8087 8005 62–64 Marshall Street, Cobar NSW 2835 PO Box 157 Cobar NSW 2835 Phone: 02 6836 6000 Fax: 02 6836 4395 Lightning Ridge Maitland Orange Miners Association Building Lot 60 Morilla Street, Lightning Ridge NSW 2834 PO Box 314 Lightning Ridge NSW 2834 Phone: 02 6829 9200 Fax: 02 6829 0825 516 High Street, Maitland NSW 2320 PO Box 344, Hunter Region Mail Centre NSW 2310 Phone: 02 4931 6666 Fax: 02 4931 6790 161 Kite Street, Orange 2800 Locked Bag 21, Orange NSW 2800 Phone: 02 6360 5333, Fax: 02 6360 5363 Singleton Wollongong 1 Civic Avenue Singleton NSW 2330 PO Box 51 Singleton NSW 2330 Phone: 02 6571 8788 Fax: 02 6572 1201 Level 3, Block F 84 Crown Street, Wollongong NSW 2500 PO Box 674 Wollongong NSW 2520 Phone: 02 4222 8333 Fax: 02 4226 3851 12. What happens next? The relevant Inspector or Mine Safety Officer will contact you and make arrangements for assessment of your skills and knowledge. Page 15 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety Application guide for a NSW Trade & Investment reference to WorkCover NSW for a Blasting Explosives User Licence (metaliferous and extractive mines) issued under the Explosives Act 2003 1. Introduction The Explosives Regulation 2013 provides for the provision of a blasting explosive user licence. This guide provides applicants with information to complete the application (form OUT14/12525) for a NSW Trade & Investment Mine Safety reference to WorkCover NSW for a metaliferous and extractive mines Blasting Explosives User Licence (BEUL) issued under the Explosives Act 2003. Every person who conducts blasting at a mine must be the holder of a mining BEUL and be responsible for the blasting activities being undertaken. People who handle explosives as part of a blasting operation that do not have a Security Clearance (SC) (previously an Unsupervised Handling Licence) must do so under the direct supervision of a person holding a BEUL. The SC is a precondition of all explosives licences, except the fireworks (single use) licence, and the SC itself. The arrangement between WorkCover NSW and NSW Trade & Investment Mine Safety is that WorkCover NSW will not issue a licence relating to mines without a recommendation from NSW Trade & Investment Mine Safety. It will remain the NSW Trade & Investment Mine Safety responsibility to determine the standard of competency required for persons using explosives at mines. Under the Explosives Act 2003, if the regulations require a licensed person to handle explosives and explosives precursors, it is an offence for an unlicensed person to handle such material. Relevant legislation, standards and codes of practice: Mine Health and Safety Act 2004 Mine Health and Safety Regulations 2007 Work Health and Safety Act 2011 Work Health and Safety Regulations 2011 Explosives Act 2003 Explosives Regulation 2013 AS 2187 Explosives – Storage, transport and use AS 4326 The storage and handling of oxidizing agents Australian Code for the Transport of Dangerous Goods by Road & Rail Australian Code for the Transport of Explosives by Road and Rail 2. Licence conditions 3. The Explosives Act 2003 provides that the licence holder must not contravene any conditions to which the licence is subject. The WorkCover NSW publication General explosive licence and security clearance conditions under the Explosives Act and Regulation (catalogue no. WC04685) outlines the conditions to which a blasting explosive user licence holder is subject. The applicant must indicate one or more of the following classes for which authorisation is sought on the licence. Mining classes Above ground mining class 1 Above ground mining class 2 Below ground mining class 1 Below ground mining class 2 Page 16 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety Class 1: A Class 1 reference for metaliferous and extractive mines attests to the holders competence to conduct blasting in any above or a below ground mine, or both, in NSW. A Class 1 reference may also restrict the type and location of blasting to those below. Any above ground mine Any below ground mine for the following types of blasting: o production o development o secondary blasting Where: Production – means production blasting in below ground mines where blastholes are greater than or equal to 6m in length Development – means development blasting in below ground mines where blastholes are less than 6m in length including all types of driving, crosscutting, declines, stripping, shaft sinking, raising, flatbacking, uphole stripping and similar operations. Secondary blasting – means the firing of explosives charges for the purposes of breaking large rock in below ground mines. Class 2: A reference may recommend a licence be issued for a nominated mine(s) and method(s) of blasting (e.g. production). The Inspector or Mine Safety Officer assessing the application will determine whether the level of training and/or competence received by the applicant is adequate or whether additional training is required. A Class 2 reference may also be subject to restrictions such as the types and quantities of explosives and systems that can be used. For example, the reference may restrict the applicant to the use of non-electric initiation systems. 4. Mining class Blasting Explosives User Licence authorisations The assessing Inspector or Mine Safety Officer will determine which activities from the following the applicant will be authorised to carry out: use, at the premises or location (if any) specified in the licence, the explosives or explosive precursors specified in the licence, in such quantities that are specified in the licence if specified in the licence, mix explosive precursors for the purpose of manufacturing ANFO in accordance with AS 2187 for immediate use or within 24 hours purchase or possess explosives or explosive precursors for the purpose of using them under the licence transport explosives or explosive precursors for the purpose of using them under the licence dispose of the explosives or explosive precursors specified under the licence in accordance with AS 2187 if premises are specified in the licence, store the explosives or explosive precursors at the premises specified in the licence, or in an appropriate facility at a location notified to WorkCover store only the type and quantity of explosives or explosive precursors as are authorised under the licence 5. Who may apply for a Blasting Explosive User Licence Age restrictions Only individuals 18 years of age or older may apply for a BEUL. Security clearance The applicant must provide proof of a current Security Clearance (SC) or Unsupervised Handling Licence (UHL). The SC is the replacement qualification for the UHL. The application will not be processed without a current SC or UHL. Information on applying for a SC (catalogue no. WC04689) is available on the WorkCover NSW website. Page 17 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety 6. Competencies, qualifications or experience Mining classes A reference for mining classes of BEUL is provided by NSW Trade & Investment Mine Safety. The original reference must be submitted with the WorkCover NSW BEUL application form EXP-BEUL available on the WorkCover NSW website. The applicant must have experience in the mining class of blasting for which a reference is sought. This includes completion of the relevant competencies (if applicable) and submission of a reference from their employer or supervising BEUL holder who will state that the applicant has experience in that class of blasting. The reference must include the employer/licence holders name and a contact telephone number. Applicants for a Class 1 reference must meet the following requirements: Attained the required competencies for the blasting they are to carry out. See Table 6.1 for competence requirements. Completed at least 6 months’ experience under the supervision of a qualified BEUL holder on mine sites. This 6 months experience should equate to the personal participation by the applicant in the loading and firing of 12 or more blasts in the category for which the application is made. The experience requirement is the same for all categories except for development mining in below ground mines where the requirement is the loading and firing of 30 or more blasts. An Inspector or Mine Safety Officer may determine if it is impractical to complete the experience requirement. A Log of Practical Experience (Table 1) should also be completed and submitted with the application. Table: 6.1 – Blasting competency requirements – Class 1 BEUL Reference This table sets out the recommended competencies required to obtain a Class 1 BEUL reference. Such a reference may recommend a licence be for an above or below ground mine or both. Below ground mine references may be issued for production, development or secondary blasting. ABOVE GROUND MINE Competency Units RIIBLA201D – Support shotfiring Class 1 BELOW GROUND MINE Class 1 Production Development Secondary operations RIIBLA202D – Support underground shotfiring operations RIIBLA205D - Store, handle and transport explosives RIIBLA301D - Conduct surface shotfiring operations RIIBLA303D - Conduct underground development shotfiring RIIBLA304D - Conduct underground production shotfiring RIIBLA305D - Conduct secondary blasting RIIBLA402D - Monitor and control the effects of blasting on the environment RIIBLA601D – Design surface blasts Page 18 of 19 Reference to WorkCover NSW for a Blasting Explosives User Licence | NSW Trade & Investment Mine Safety Applicants for a Class 2 reference must meet the following requirements: Provide evidence of training in the blasting method(s) being used at the mine(s) for which the application applies. An Inspector or Mine Safety Officer will assess whether the level of training is adequate and whether additional training is required. Completed at least 6 months experience under the supervision of a qualified BEUL holder at the mine(s) for which the application applies. This 6 months experience should equate to the personal participation by the applicant in the loading and firing of 12 or more blasts in the category for which the application is made. The experience requirement is the same for all categories except for development mining in below ground mines where the requirement is the loading and firing of 30 or more blasts. An Inspector or Mine Safety Officer may determine if it is impractical to complete the experience requirement. A Log of Practical Experience (Table 1) should also be completed and submitted with the application. Other explosive licences and relevant training Applicants should include certified copies of any other types of explosives licences they hold issued by NSW or another state/territory with their application. Applicants should include certified copies of any transcripts or certificates from relevant explosives training courses undertaken with their application. For example, this could include explosives courses delivered by registered training organisations (e.g. TAFE NSW) or other courses, such as in-house training delivered at a mine. 7. Legitimate reason for requesting a reference It is a requirement for any licence relating to the handling of explosives or SSDS that the applicant must have a legitimate reason for requiring a licence. As such, there must be a legitimate reason for requiring a reference. The applicant must select the relevant reason(s) on the application form and provide details. Details should be in the form of: A letter from the applicant’s employer stating that the applicant is required to undertake blasting operations at metaliferous and/or extractive mine sites in NSW Details of education, research or analysis reasons Details where the ‘other’ box has been selected Page 19 of 19