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
Results 1-5 of 76
Page 10
... report of a review of Tasmanian OHS legislation was published in early 2007. This too provides an opportunity for substantial legislative change . In 2007 , as part of the National Mine Safety Framework Imple- mentation Plan , an ...
... report of a review of Tasmanian OHS legislation was published in early 2007. This too provides an opportunity for substantial legislative change . In 2007 , as part of the National Mine Safety Framework Imple- mentation Plan , an ...
Page 15
... report in 2000 concluded that " the adoption of systematic approaches to safety within the industry remains patchy " ( NSWDMR 2000 ) . Open cut and underground metalliferous mines in New South Wales ( that is , non - coal and shale ...
... report in 2000 concluded that " the adoption of systematic approaches to safety within the industry remains patchy " ( NSWDMR 2000 ) . Open cut and underground metalliferous mines in New South Wales ( that is , non - coal and shale ...
Page 16
... Moreover , as the Ritter Report pointed out , the inspec- torate itself focused almost exclusively on the " old style " prescriptive regulations and largely ignored the more recently introduced " general 16 MINE SAFETY.
... Moreover , as the Ritter Report pointed out , the inspec- torate itself focused almost exclusively on the " old style " prescriptive regulations and largely ignored the more recently introduced " general 16 MINE SAFETY.
Page 17
... Report of 1972 , which pointed out that prescription tends to result in regulatory over- load as so many individual obligations are imposed that they become impossible to comprehend , let alone to implement ( Robens 1972 ) ...
... Report of 1972 , which pointed out that prescription tends to result in regulatory over- load as so many individual obligations are imposed that they become impossible to comprehend , let alone to implement ( Robens 1972 ) ...
Page 26
... Report ( 2003 , 95 ) recognised , this approach , far from complementing the general duties by being " general in their application although specific in expression and [ providing ] broad but minimum standards where standards are ...
... Report ( 2003 , 95 ) recognised , this approach , far from complementing the general duties by being " general in their application although specific in expression and [ providing ] broad but minimum standards where standards are ...
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