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 88
Page vi
... Compliance 121 The Enforcement Pyramid 122 From Theory to Practice 129 Conclusion 132 6. Inspection and Enforcement Tools 134 The Bottom of the Pyramid : Advice , Persuasion and Self - Audit 135 The Middle Levels 139 The Top of the ...
... Compliance 121 The Enforcement Pyramid 122 From Theory to Practice 129 Conclusion 132 6. Inspection and Enforcement Tools 134 The Bottom of the Pyramid : Advice , Persuasion and Self - Audit 135 The Middle Levels 139 The Top of the ...
Page 15
... compliance with detailed prescriptive tasks ( Pt 2 ) . This prescriptive approach was to some extent softened by virtue of legislative amendments which : imposed some general duties ; shifted certain requirements from regulation to ...
... compliance with detailed prescriptive tasks ( Pt 2 ) . This prescriptive approach was to some extent softened by virtue of legislative amendments which : imposed some general duties ; shifted certain requirements from regulation to ...
Page 17
... compliance mentality which militates against the development of a culture in which safety is everybody's responsibility ( Bardach & Kagan 1982 ; Hopkins 2004 ) . Finally , it can impose high costs on companies and reduces international ...
... compliance mentality which militates against the development of a culture in which safety is everybody's responsibility ( Bardach & Kagan 1982 ; Hopkins 2004 ) . Finally , it can impose high costs on companies and reduces international ...
Page 19
... compliance with the provisions of the mine - specific legislation will not provide a defence against a prosecution under Pt 2 of the OHS Act 2000 ( NSW ) ( CMHSA 2002 ( NSW ) , s 14 ; MHSA 2004 ( NSW ) , s 18 ) . To avoid administrative ...
... compliance with the provisions of the mine - specific legislation will not provide a defence against a prosecution under Pt 2 of the OHS Act 2000 ( NSW ) ( CMHSA 2002 ( NSW ) , s 14 ; MHSA 2004 ( NSW ) , s 18 ) . To avoid administrative ...
Page 31
... compliance with a health and safety management system ( CMHSA 2002 ( NSW ) , ss 20-23 ; MHSA 2004 ( NSW ) , ss 27-29 ) , implement hazard management processes ( under the CMHSA 2002 ( NSW ) , s 35 ) , prepare and maintain both a mine ...
... compliance with a health and safety management system ( CMHSA 2002 ( NSW ) , ss 20-23 ; MHSA 2004 ( NSW ) , ss 27-29 ) , implement hazard management processes ( under the CMHSA 2002 ( NSW ) , s 35 ) , prepare and maintain both a mine ...
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