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 54
Page vi
... Appropriate Standards for SMEs and Contractors Conclusion 4. Inspection : Underlying Issues The Risk of Regulatory Capture 88 94 98 The Use of Scarce Resources : Priorities and Targets 98 105 Interaction with the Workforce 109 Resources ...
... Appropriate Standards for SMEs and Contractors Conclusion 4. Inspection : Underlying Issues The Risk of Regulatory Capture 88 94 98 The Use of Scarce Resources : Priorities and Targets 98 105 Interaction with the Workforce 109 Resources ...
Page 10
... appropriate time to consider wide ranging statutory reform . Tasmania , through the Workplace Health and Safety Act 1995 ( Tas ) , addresses general duty requirements but lacks adequate pro- vision for OHS management systems ...
... appropriate time to consider wide ranging statutory reform . Tasmania , through the Workplace Health and Safety Act 1995 ( Tas ) , addresses general duty requirements but lacks adequate pro- vision for OHS management systems ...
Page 14
... appropriately be applied to mine safety . In essence , OHS law may incorporate four main , conceptually distinct , types of standards aimed at influencing behaviour though a variety of techniques . These are ( 1 ) prescriptive ; ( 2 ) ...
... appropriately be applied to mine safety . In essence , OHS law may incorporate four main , conceptually distinct , types of standards aimed at influencing behaviour though a variety of techniques . These are ( 1 ) prescriptive ; ( 2 ) ...
Page 38
... appropriately trained and authorised , be empowered to issue safety recommendation notices where the repre- sentative believes on reasonable grounds that an employer has con- travened a provision of the legislation ( WorkCover NSW 2006 ...
... appropriately trained and authorised , be empowered to issue safety recommendation notices where the repre- sentative believes on reasonable grounds that an employer has con- travened a provision of the legislation ( WorkCover NSW 2006 ...
Page 44
... appropriate and , if so , can the management system result in the controls being effectively and consistently applied ( Kruse & Wilkinson 2005 ) ? Whether , to what extent or in what circumstances , a safety case regime is appropriate ...
... appropriate and , if so , can the management system result in the controls being effectively and consistently applied ( Kruse & Wilkinson 2005 ) ? Whether , to what extent or in what circumstances , a safety case regime is appropriate ...
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