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 55
Page 2
... problems . Both high consequence low fre- quency events ( disasters such as Moura and Gretley ) , as well as the low consequence high frequency events ( such as slips , strains and falls ) contribute to the industry's high lost time ...
... problems . Both high consequence low fre- quency events ( disasters such as Moura and Gretley ) , as well as the low consequence high frequency events ( such as slips , strains and falls ) contribute to the industry's high lost time ...
Page 3
... problem . This is particularly what the New South Wales Mine Safety Review had in mind when it expressed concern about " a disconnect between the intentions of .. the companies , on the one hand , to reduce OHS , REGULATION AND THE ...
... problem . This is particularly what the New South Wales Mine Safety Review had in mind when it expressed concern about " a disconnect between the intentions of .. the companies , on the one hand , to reduce OHS , REGULATION AND THE ...
Page 4
... any event adversely affected by " a debilitating mistrust between the members of the tripartite process at all levels " ( Wran & McClelland 2005 , 7 ) . Trade unions maintain that the problems go deeper than this MINE SAFETY.
... any event adversely affected by " a debilitating mistrust between the members of the tripartite process at all levels " ( Wran & McClelland 2005 , 7 ) . Trade unions maintain that the problems go deeper than this MINE SAFETY.
Page 5
... problems ( CFMEU 2005 , 6 ) . Finally , it is increasingly recognised that the nature of the OHS challenge is more complex than was previously thought . There has been a shift from a focus solely on engineering safety and safe design ...
... problems ( CFMEU 2005 , 6 ) . Finally , it is increasingly recognised that the nature of the OHS challenge is more complex than was previously thought . There has been a shift from a focus solely on engineering safety and safe design ...
Page 23
... problem , and where the matters to be proved will lie particularly within the knowledge of the defendant " ( Foster 2006b ) . In Western Australia , the duty is again qualified by the phrase " reasonably practicable " , implying ( as in ...
... problem , and where the matters to be proved will lie particularly within the knowledge of the defendant " ( Foster 2006b ) . In Western Australia , the duty is again qualified by the phrase " reasonably practicable " , implying ( as in ...
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