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 22
Page 9
... reasonably practicable ) to be found elsewhere , it does not require broad based risk management , OHS management systems or hazard management plans and is also deficient in a number of other respects . The Northern Territory ...
... reasonably practicable ) to be found elsewhere , it does not require broad based risk management , OHS management systems or hazard management plans and is also deficient in a number of other respects . The Northern Territory ...
Page 18
... reasonably practicable ) to take OHS measures across the board , encourages them to address new hazards as they emerge , and facilitates innovation and least - cost solutions ( Johnstone 2004a , 65-67 ) . Mine safety legislation in New ...
... reasonably practicable ) to take OHS measures across the board , encourages them to address new hazards as they emerge , and facilitates innovation and least - cost solutions ( Johnstone 2004a , 65-67 ) . Mine safety legislation in New ...
Page 21
... reasonable practicability " . Employer associations are apt to suggest that this makes it an offence of " absolute " liability . This is technically correct but it is little more than an " arid legalism " ( Brooks 1993 , 496 ) because s ...
... reasonable practicability " . Employer associations are apt to suggest that this makes it an offence of " absolute " liability . This is technically correct but it is little more than an " arid legalism " ( Brooks 1993 , 496 ) because s ...
Page 22
... reasonably practicable to remove that risk , or that the elements of s 28 ( b ) have been made out [ ie that the ... reasonable or prudent person in the circumstances . 5. It is wrong in considering whether a breach has occurred to ...
... reasonably practicable to remove that risk , or that the elements of s 28 ( b ) have been made out [ ie that the ... reasonable or prudent person in the circumstances . 5. It is wrong in considering whether a breach has occurred to ...
Page 23
... reasonable doubt makes out the offence ; it is then for the defendant employer to prove to the civil standard on the ... reasonably practicable " , implying ( as in many other OHS statutes ) a balancing of cost against risk ( Johnstone ...
... reasonable doubt makes out the offence ; it is then for the defendant employer to prove to the civil standard on the ... reasonably practicable " , implying ( as in many other OHS statutes ) a balancing of cost against risk ( Johnstone ...
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