Everything You Always Wanted to Know About Schedule 26 (But Were Afraid to Ask)

Here are the 5 questions I get asked most frequently about the Schedule 26 Statutory Supervisory function within the Work Health and Safety (Mines) Regulations 2022, Western Australia. 

1. WA Mines Schedule 26 Statutory Supervisors have "Statutory Functions", not "Statutory Duties", what’s the difference?

A statutory function is a task or broad description of an activity assigned to someone to perform by law. A statutory duty is a specific obligation to act in a certain way. While both are legal obligations, a function is more about the specific task itself, whereas a duty is the legal requirement to perform that task.

2. Can my employer force me to undertake the role of WA Mines Schedule 26 Statutory Supervisor if I don’t want to? 

This depends on the detail within your current signed contract of employment and job description, seek legal advice. In Australian Workers' Union, The v Alcoa of Australia Limited [2024] FWC 3091, in 23 December 2024 three workers employed on a Western Australian mine site successfully overturned their employer’s directive to undertake the role of WA Mines Schedule 26 Statutory Supervisors.

3. Does every mining operation in Western Australia require a Statutory Supervisor for the Geotechnical function? 

A Mine Operator may not consider a Statutory Supervisor position necessary to reduce the Geotechnical risks to health and safety associated with their mining operations. Every mine site and Mine Operator will be different, some will appoint and some won’t, it’s based on the level of Geotechnical risk at that site and how much it needs to be reduced by. These will be detailed in the mine's mine safety management system (MSMS) and relevant risk assessments.

4. How many Statutory Supervisors for the Geotechnical function should be appointed? 

The Mine Operator must ensure to appoint sufficient appropriate Statutory Supervisors, so that the person is capable of, and available to carry out the functions of the position when required. 

More than one Statutory Supervisor for the Geotechnical function at the mine can be appointed concurrently.

At least one needs to be appointed at all times, if the mining operation has deemed it necessary to reduce the Geotechnical risks to health and safety associated with their Mining Operations. 

5. Who can be appointed as a Statutory Supervisor for the Geotechnical function?

Those who have experience of at least 2 years as a supervisor or worker in a similar operation or industry that the mine is engaged in, who have successfully completed an approved WHS risk management unit for statutory supervisors, and have passed an applicable legislation examination for statutory supervisors. 

The Site Senior Executive of the mine is authorised to; and may appoint an appropriate person at their own discretion who has knowledge and experience commensurate with the complexity and nature of the geotechnical risks.