Statutory supervisor

A statutory supervisor is a person appointed under the Work Health and Safety (Mines) Regulations 2022 [WHS Mines Regulations] schedule 26, clause 3 with key functions described in clause 3(3).

Statutory supervisors play an important role in identifying hazards, managing risks and ensuring workers comply with site procedures and legislative requirements.

A statutory supervisor is responsible for:

• assigning tasks to workers
• supervising and directing workers
• inspecting the workplace for hazards and risks, where required
• taking steps to ensure workers are not exposed to hazards
• providing written reports at shift handover

Statutory supervisors must ensure mining activities are carried out safely and in accordance with the work health and safety legislation.

Key statutory positions are high-level roles with overarching responsibility for the entire mine or specific large-scale operations. Read more about key statutory positions.

Statutory supervisors oversee workers in specific smaller high-risk areas like a workshop, pit or processing plant.

Investigations into mining incidents frequently identify inadequate supervision or a lack of supervisor competence as contributing factors.

The additional requirements help ensure there is a higher safety standard in hazardous operations. 

To become a statutory supervisor, a person must:

• have at least two years of relevant experience
• complete the approved risk management units (BSBWHS411 and BSBWHS414)
• pass the applicable legislation exam administered by WorkSafe.

There are no fixed re-certification periods for statutory supervisors.

However, supervisors should stay up to date on WHS matters and remain competent through ongoing training and development as part of the mine’s safety management system (MSMS).

Schedule 26 appointments refer to specific statutory roles prescribed under the WHS Mines Regulations.

Appointments are made based on qualifications, competency and experience requirements to support safe mining operations.

The mine operator or the site senior executive (SSE) on behalf of the mine operator is responsible for appointing Statutory supervisors.

No. There is no requirement to notify WorkSafe of appointments to Schedule 26 statutory positions, including statutory supervisory appointments.

Mine operators must keep records of these appointments and inspectors may verify them during audits or inspections to ensure compliance with eligibility requirements.

The appointed place is the area where a Statutory supervisor is responsible for supervising workers.

This may include the entire mine site or a specific work area, depending on how responsibilities are allocated by the mine operator.

For example, a production supervisor may be appointed for the mining areas to supervise their workers but may not be appointed to all areas where their workers spend time, such as a warehouse, camp, or emergency training ground.

Statutory supervisors are required for laboratories, processing plants, quarries and workshops as prescribed by Schedule 26 of the WHS Mines Regulations.

Mine operators must also identify any additional areas requiring statutory supervision based on risk.

This determination should be based on a risk assessment considering the nature of the work, hazard levels, and the need for supervision to ensure controls are implemented and maintained.

A statutory supervisor is required if the exploration site includes a laboratory or workshop.

Additional statutory supervisors may also be required where the mine operator or exploration manager determines this is necessary based on a health and safety risk assessment.

The mine operator is responsible for identifying which areas require statutory supervisors. They also determine how many statutory supervisors are required to supervise work. 

This decision must be based on risk assessment and documented within the mine safety management system (MSMS).

The mine operator must also ensure that responsibilities for workgroups and workplace areas are clearly defined and understood, particularly in relation to inspecting workplaces under r. 634A of the WHS Mines Regulations.

This is generally the responsibility of the statutory supervisor. If there are multiple Statutory supervisors in the same area, the mine operator must clearly specify the inspection responsibilities for each Statutory supervisor in the MSMS.

For further information refer to r. 634A of the WHS Mines Regulations.

Yes. More than one statutory supervisor may be appointed to the same appointed place to meet operational needs, such as different shifts or separate workgroups.

Yes. A workgroup may have more than one statutory supervisor depending on operational requirements.

At smaller mines where a levy is not payable, statutory supervisor responsibilities may be assigned to the site senior executives (SSE).

A mine on ‘care and maintenance’ must still have a site senior executive appointed.

Whether a statutory supervisor is required will depend on the level of risk associated with activities being undertaken and the presence of workers on site.

When being replaced by another supervisor, a statutory supervisor is required (under r. 630 of the WHS Mines Regulations) to provide a written report to the incoming supervisor. 

This ensures a clear transfer of responsibility and information regarding the status of the workplace, ongoing tasks, and any identified hazards or incidents.