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 27
Page 14
... prescriptive ; ( 2 ) general duties ; ( 3 ) performance based ; and ( 4 ) systematic process based standards . This classification is now well recognised ( Gunningham & Johnstone 1999 , Ch 2 ; Bluff & Gunningham 2004 ) . A prescriptive ...
... prescriptive ; ( 2 ) general duties ; ( 3 ) performance based ; and ( 4 ) systematic process based standards . This classification is now well recognised ( Gunningham & Johnstone 1999 , Ch 2 ; Bluff & Gunningham 2004 ) . A prescriptive ...
Page 15
... 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 codes , standards or ...
... 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 codes , standards or ...
Page 16
... prescriptive detail - both the 1964 Act and the 1995 Regulations concentrated " on telling industry how things must ... prescriptive regime by introducing general duties and risk based provisions ( Laing 2003 , paras 63 , 100 ) , but in ...
... prescriptive detail - both the 1964 Act and the 1995 Regulations concentrated " on telling industry how things must ... prescriptive regime by introducing general duties and risk based provisions ( Laing 2003 , paras 63 , 100 ) , but in ...
Page 17
... prescriptive legislative requirements . Yet the deficiencies of this approach are both well documented and severe , and were identified as long ago as the British Robens Report of 1972 , which pointed out that prescription tends to ...
... prescriptive legislative requirements . Yet the deficiencies of this approach are both well documented and severe , and were identified as long ago as the British Robens Report of 1972 , which pointed out that prescription tends to ...
Page 18
... prescriptive requirements ( often contained in regulations ) that many reformers had hoped for . The result , as will become apparent , was sometimes an uncomfortable hybrid rather than the unequivocal adoption of next generation ...
... prescriptive requirements ( often contained in regulations ) that many reformers had hoped for . The result , as will become apparent , was sometimes an uncomfortable hybrid rather than the unequivocal adoption of next generation ...
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