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 75
Page 8
... suggested that many existing practices fall far short of what is necessary to achieve efficiency , effectiveness and community acceptance , but that many of these shortcomings cannot be laid at the feet of the inspectorates alone , and ...
... suggested that many existing practices fall far short of what is necessary to achieve efficiency , effectiveness and community acceptance , but that many of these shortcomings cannot be laid at the feet of the inspectorates alone , and ...
Page 13
... suggests that voluntary approaches alone will be insufficient to achieve an acceptable level of OHS . For example , the 1997 Review of Mine Safety in New South Wales concluded : [ U | ndcrlying pressures to take a chance to get a job ...
... suggests that voluntary approaches alone will be insufficient to achieve an acceptable level of OHS . For example , the 1997 Review of Mine Safety in New South Wales concluded : [ U | ndcrlying pressures to take a chance to get a job ...
Page 21
... 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 28 of the Act provides the duty - holder with a defence : ( a ) ...
... 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 28 of the Act provides the duty - holder with a defence : ( a ) ...
Page 43
... suggest that performance based regu- lations are desirable , on the basis that duty - holders can be assumed to have superior knowledge to regulators about how best to achieve a given result . Such an outcome based approach will ...
... suggest that performance based regu- lations are desirable , on the basis that duty - holders can be assumed to have superior knowledge to regulators about how best to achieve a given result . Such an outcome based approach will ...
Page 50
... suggest that regulation be responsive to industry structure in that different structures will be conducive to different degrees and forms of regulation . Government should also be attuned to the differing motivations of regulated actors ...
... suggest that regulation be responsive to industry structure in that different structures will be conducive to different degrees and forms of regulation . Government should also be attuned to the differing motivations of regulated actors ...
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