Mine Safety: Law Regulation PolicyFederation Press, 2007 - 291 pages Historically, the mining industry has had a high incidence of work related injury and disease, and of disasters involving multiple fatalities. It also faces OHS challenges far exceeding those confronting most other industry sectors.Mine safety legislation can play an important role in meeting those challenges. Although regulation is never likely to be the entire answer, good regulation not only brings laggards up to a minimum legal standard, it also encourages, rewards and facilitates leaders in going beyond them. Bad regulation, in contrast, constrains good enterprises from taking the initiative to improve OHS, while failing to deter bad ones.This book describes mine safety legislation in the "mining states" and analyses its strengths and weaknesses. It also examines the broader policy questions of how best to design, implement and enforce mine safety regulation.It argues that substantial reform will be necessary not only in setting standards, but also in their implementation, if further OHS improvements are to be achieved. This implies substantial changes in the way the mine safety inspectorates go about their tasks: in how they administer and enforce the law; and in the circumstances in which they choose to prosecute. It also requires the nurturing of a degree of trust between employers and workers (individually and collectively) and between both these parties and the mines inspectorates, that has been substantially lacking in recent years. |
From inside the book
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Page viii
... Johnstone and Darren Sinclair . Both engaged in numerous discussions about the book's subject matter , both read advanced drafts of the entire book and both provided numerous detailed and insightful comments which substantially improved ...
... Johnstone and Darren Sinclair . Both engaged in numerous discussions about the book's subject matter , both read advanced drafts of the entire book and both provided numerous detailed and insightful comments which substantially improved ...
Page 13
... Johnstone 2004a ; Bluff , Cunningham & Johnstone 2004 ) . Thus , this chapter has four purposes : ( i ) to provide an overview of the traditional approach to mine safety regulation and its limi- tations ; ( ii ) to describe the main ...
... Johnstone 2004a ; Bluff , Cunningham & Johnstone 2004 ) . Thus , this chapter has four purposes : ( i ) to provide an overview of the traditional approach to mine safety regulation and its limi- tations ; ( ii ) to describe the main ...
Page 14
... Johnstone 1999 , Ch 2 ; Bluff & Gunningham 2004 ) . A prescriptive approach ( also known as a " specification standards " approach ) tells duty - holders precisely what measures to take and requires little interpretation on their part ...
... Johnstone 1999 , Ch 2 ; Bluff & Gunningham 2004 ) . A prescriptive approach ( also known as a " specification standards " approach ) tells duty - holders precisely what measures to take and requires little interpretation on their part ...
Page 17
... ( Johnstone 2004a , 73-74 ) . Reforms Between 1999 and 2005 , the three mining States engaged in sub- stantial regulatory reform such that the gap between mine - specific and mainstream OHS legislation was substantially narrowed ...
... ( Johnstone 2004a , 73-74 ) . Reforms Between 1999 and 2005 , the three mining States engaged in sub- stantial regulatory reform such that the gap between mine - specific and mainstream OHS legislation was substantially narrowed ...
Page 18
... ( Johnstone 2004a , 65-67 ) . Mine safety legislation in New South Wales and Queensland also adopted a variety of process and systems based standards consistent with ( and sometimes going beyond ) those adopted in mainstream industry ...
... ( Johnstone 2004a , 65-67 ) . Mine safety legislation in New South Wales and Queensland also adopted a variety of process and systems based standards consistent with ( and sometimes going beyond ) those adopted in mainstream industry ...
Contents
15 | |
Towards Best Practice | 62 |
Designing Appropriate Standards for SMEs | 88 |
Conclusion | 94 |
Interaction with the Workforce | 109 |
Inspection and Enforcement Strategies | 116 |
Inspection and Enforcement Tools | 134 |
Deterrent | 152 |
Industry Associations Trade Unions and Worker | 190 |
Building Trust | 210 |
13 | 253 |
31 | 268 |
Index | 273 |
37 | 274 |
54 | 284 |
Cases | 289 |
Common terms and phrases
accessed achieve action applied approach appropriate argued assessment audit Australia behaviour capacity challenge Chapter circumstances coal commitment communication companies compliance comply concern consequences considerable consultation contractors corporate culture deterrence developed duties effective employers enforcement engage ensure enterprises evidence example firms Gunningham hazards health and safety identify implementation important improved indicators individual initiatives injury inspection inspectorate involved issues Johnstone least legislation less limited major management systems ment Minerals mining industry motivated Occupational Health operations organisations outcomes participation particular penalties performance plans positive practice preventative principles problems prosecution pyramid reasons regard regime regulation regulatory relations Report representatives requirements responsive result Review risk role safety and health senior serious South Wales standards strategy substantial suggest trade unions trust workers workforce workplace