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
... and Prosecution 155 158 8. Principles for a More Rational and Effective Prosecution Policy 162 1. A policy of de - facto non - prosecution 162 2. Prosecution may be counter - productive if inappro- priately vi CONTENTS.
... and Prosecution 155 158 8. Principles for a More Rational and Effective Prosecution Policy 162 1. A policy of de - facto non - prosecution 162 2. Prosecution may be counter - productive if inappro- priately vi CONTENTS.
Page vii
... effective in reducing the rate of work related injury and disease 176 6. Deterrence is particularly effective when applied to individual decision - makers 179 7. Retribution sometimes inhibits prevention 182 8 . Restorative justice 183 ...
... effective in reducing the rate of work related injury and disease 176 6. Deterrence is particularly effective when applied to individual decision - makers 179 7. Retribution sometimes inhibits prevention 182 8 . Restorative justice 183 ...
Page viii
... and New Zealand 237-251 ; and parts of chapters 8 and 9 in " Prosecution for OHS offences : Deter- rent or Disincentive ? " ( 2007 ) 29 ( 3 ) Sydney Law Review . In terms of methodology , effective research of this nature.
... and New Zealand 237-251 ; and parts of chapters 8 and 9 in " Prosecution for OHS offences : Deter- rent or Disincentive ? " ( 2007 ) 29 ( 3 ) Sydney Law Review . In terms of methodology , effective research of this nature.
Page ix
Law Regulation Policy Neil Gunningham. In terms of methodology , effective research of this nature cannot be done by surveys or via the use of quantitative data ( although they may provide background support ) . It is only by engaging ...
Law Regulation Policy Neil Gunningham. In terms of methodology , effective research of this nature cannot be done by surveys or via the use of quantitative data ( although they may provide background support ) . It is only by engaging ...
Page 7
... effective inspection , enforcement and prosecution strategies , most of the mines inspecto- rates are far behind some of their generalist counterparts , particularly those of New South Wales and Victoria . Now is a particularly apposite ...
... effective inspection , enforcement and prosecution strategies , most of the mines inspecto- rates are far behind some of their generalist counterparts , particularly those of New South Wales and Victoria . Now is a particularly apposite ...
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