Report - High visibility campaign 2026 (small mines)
Compliance findings for all sectors
During a two-week inspection campaign in July 2026, Resources Regulator inspectors attended 123 mines sites across three mining sectors at coal, metalliferous, extractives and small mines.
A total of 321 compliance notices were issued at 85 mine sites (across all three sectors).
| Notice type | Total compliance notices issued | Number of mines (all sectors) issued a compliance notice |
|---|---|---|
| s195 prohibition notice | 23 | 15 |
| s191 improvement notice | 220 | 72 |
| s23 notice of concern | 78 | 57 |
| Total | 321 | 85 |
Note: not all mines were issued a compliance notice and some mines were issued multiple compliance notices.
The top three principal hazard or control plan topics and material unwanted events (MUE) that were the subject of compliance notices across all three sectors were:
- Mechanical engineering control plan - unintended interaction with rotating or moving equipment (34 out of 85 MECP topic compliance notices)
- Air quality or dust or other airborne contaminants – exposure to dust and airborne contaminants (including diesel particulates) in excess of exposure standards (subject of 25 compliance notices)
- Roads or other vehicle operating areas (ROVOA) – collision of vehicle or mobile plant (subject of 20 compliance notices)
Assessment program at small mines
Operation type assessed
| Operation type | Number of mines assessed |
|---|---|
| Surface | 25 |
| Borrow pit | 1 |
| Total | 26 |
Criteria assessed
Campaign scope: Review of sandstone block cutting sites in NSW
- Review the site Safety management system (SMS) that manage the risks associated with stone cutting, extraction and processing, and confirmation that controls have been implemented.
- Site assessment covering mine status, identification and management of respirable crystalline silica and crystalline silica substances (RCS and CSS) and safe work practices of cutting stone.
- Verification of compliance discussion with site supervisors and workers at the site
Compliance notice type issued to coal mines during the program
| Coal operation type | WHS(MPS)A s23 notice of concerns | WHSA s191 improvement notice | WHSA s195 prohibition notice |
|---|---|---|---|
| Surface | 6 | 53 | 6 |
| Borrow pit | 1 | 3 | 0 |
| Total | 7 | 56 | 6 |
A total of 69 compliance notices were issued to 16 Small Mine sites – sandstone block cutting.
2026 Campaign compliance notices topics issued at small mine sites
The top three improvement compliance notice (WHSA s191) and prohibition compliance notice (WHSA s195) topics by principal hazard or control plan and material unwanted event (MUE) issued at small mine sites (sandstone block cutting) were:
- Mechanical engineering control plan (MECP) – unintended interaction with rotating or moving equipment (9 out of 18 MECP topic compliance notices issued)
- Air quality or dust or other airborne contaminants (11 compliance notices issued)
- Various principal hazards – various topics (11 compliance notices issued)
Recommendations
Operators of Small Mine sites (sandstone cutting sites) should review the following topics identified during the Regulators campaign.
Mechanical engineering control plan
Review implementation of risk controls relating to the site MECP:
- unintended interaction with rotating or moving equipment
- falling objects
- person falling
- structural collapse
- uncontrolled release of energy including spring energy or fluid under pressure
- Refer to the NSW Code of Practice: Mechanical engineering control plan (May 2025) (PDF, 1.37 MB)
Plant and equipment
- Plant and equipment were not maintained fit for purpose
- Maintenance completed to OEM standards by trained and qualified tradespersons. Records must be maintained.
- Ensure pre-start inspections and plant introduction to site inspections are completed and documented by trained and competent workers.
- Removable guarding (removed using tooling).
- Maintenance of a separation distance from unguarded entanglement hazards (safe standing zone, exclusion zone, no-go zone, drop zone).
- Equipment is prevented from operation while people are working near hazards (isolation process).
- OPG fitted (or equivalent) to excavator using a cutting saw or rock hammer
Air quality or dust or other airborne contaminants
- Review implementation of risk controls relating to the site air quality or dust or other airborne contaminants - PHMP
- Exposure to dust and airborne contaminants in excess of exposure standards and non-compliant to WHSR25 Chapter 8A Crystalline Silica legislation
- Consult with an occupational hygienist when conducting an assessment to determine if the processing of the crystalline silica substance (CSS) is a “high-risk” activity, and if workers are exposed to the “hazard” of respirable crystalline silica (RCS). Note: The assessment must be conducted with consideration of risk controls.
- Refer to Resources Regulator website: Airborne contaminants and dust and Frequently asked questions: WHS Chapter 8A silica Regulations (PDF, 86.54 KB)
- SafeWork NSW website: Work safely with crystalline silica
- NSW SafeWork Silica Worker Register Silica Worker register (SWR) notification
- Health Monitoring completed - WHSR25 Schedule 14 under the supervision of a medical practitioner with experience in health monitoring.
- Mandatory CSS training requirements SafeWork NSW Training in crystalline silica
Safety management systems
- Review implementation of risk controls relating to site safety management systems
- Conduct an internal audit of the SMS to ensure it meets the requirements of the WHS(MPS)R22 s19. Must be implemented and reviewed every three years
- Refer Health and Safety at Quarries Guide (PDF, 11.96 MB)
- Mine Record: fact sheet - Mine or petroleum site record (PDF, 135.91 KB)
- Statutory functions guide (PDF, 227.2 KB)
- Contractor management guide: contractors and other businesses at mines and petroleum sites (PDF, 169.82 KB)
- Refer Resources Regulator Codes of practice for WHS (Mines) legislation
- Refer SafeWork NSW Codes of Practice
Site TIER ranking with the Resources Regulator
- Review if the Tier 3 quarry site has expanded operations to a Tier 2 operation resulting in an unqualified quarry manager supervising the operation
- Review sites Tier ranking by completing the Risk profiling tool (DOCX, 860.43 KB)
- If Tier 2, ensure quarry manager holds a current practising certificate that authorises the exercise of the statutory function. Practising certificate application process
Quarry managers and supervisors
- Quarry managers and supervisors were not fully aware of their responsibilities in relation to site supervision and current WHS legislation requirements
- Mine operators must ensure that the Quarry Manager is readily available to exercise and capable of exercising the statutory function i.e. supervising mining operation
- Attend the annual Small Mines Roadshow Presentation to keep updated in legislation changes and industry knowledge.
- Refer to the Resources Regulator's video Supervision: A critical safety role
- Subscribe to the Mine Safety News