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 vii
... Unions and Trust 239 Trust Between Management and the Mines Inspectorate 242 Conclusion 250 Bibliography 253 Index 273 Cases 289 Legislation 290 Preface In writing this book I have incurred numerous debts CONTENTS vii.
... Unions and Trust 239 Trust Between Management and the Mines Inspectorate 242 Conclusion 250 Bibliography 253 Index 273 Cases 289 Legislation 290 Preface In writing this book I have incurred numerous debts CONTENTS vii.
Page 6
... inspectorate which has a very different culture , history and approach to that of the generalist OHS regulatory agencies . One consequence of the distinctiveness of mine safety legis- lation and its implementation ( and of the relative ...
... inspectorate which has a very different culture , history and approach to that of the generalist OHS regulatory agencies . One consequence of the distinctiveness of mine safety legis- lation and its implementation ( and of the relative ...
Page 8
... inspectorate , are poisoned by the " debili- tating mistrust " that is particularly characteristic of contemporary relations between the major stakeholders in New South Wales . The final chapter considers how this mistrust can be broken ...
... inspectorate , are poisoned by the " debili- tating mistrust " that is particularly characteristic of contemporary relations between the major stakeholders in New South Wales . The final chapter considers how this mistrust can be broken ...
Page 15
... inspectorate ) on the more prescriptive mine - specific legislation . In any event , regulations made under the OHS Act 1983 ( NSW ) , with limited exceptions , did not apply to coal mining and there remained a lack of comprehensive ...
... inspectorate ) on the more prescriptive mine - specific legislation . In any event , regulations made under the OHS Act 1983 ( NSW ) , with limited exceptions , did not apply to coal mining and there remained a lack of comprehensive ...
Page 43
... inspectorate in the United Kingdom , but simply a mining division within the Health and Safety Executive . This has the further advantage of minimising the risk of regulatory capture ( see , for example , Carson 1981 ) . Yet no State ...
... inspectorate in the United Kingdom , but simply a mining division within the Health and Safety Executive . This has the further advantage of minimising the risk of regulatory capture ( see , for example , Carson 1981 ) . Yet no State ...
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