Presentation on the Mine Health and Safety Amendment Bill by presmaster

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									Presentation on the Mine
   Health and Safety
    Amendment Bill
       Chamber of Mines
        14 August 2008


                           1
                                        Mining safety performance against Milestones

                                0.35
                                                                                 Safety performance
Fatality frequency rate (FFR)




                                 0.3
                                              Milestones set                     must be improved
                                0.25

                                 0.2

                                0.15

                                 0.1

                                0.05

                                  0
                                       2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

                                                       Fatality Frequency Rate      Milestones

                                                                                                      2
     Chamber of Mines’ initiatives
Vision: Continual improvement towards zero harm
 Implementation of best practices:
       Team of 10 persons seconded to Chamber
       TOPICS: Leadership, falls of ground, noise, dust
   Seismicity and Rockburst study by independent experts
   CEO Round Table, with international facilitation
   Project on occupational diseases among ex-
    mineworkers


                                                            3
    Critical success factors to improve
              health and safety
   MAIN PRINCIPLE: Prevent accidents before they
    happen
   Joint action between all parties: cooperation is critical
   Find REAL causes of accidents and incidents
   Move from blame culture to partnership culture
   Retain principle of discipline/sanction for serious or
    repeat transgressions
   Role of legislation thus critical: balance between
    preventative and punitive approach
   Well-resourced Inspectorate
                                                                4
        Balance between preventative and
               punitive approach
   If too punitive:
       It will show results in short term, but not sustainable in long term
       Real cause of accidents are not determined: similar incidents
        therefore cannot be prevented
       Some mines will only concentrate on complying with minimum
        requirements, rather than BEST practice
   Examples of a more punitive approach in Amendments:
       Less protection of report of employer investigations, and of
        evidence at investigations and inquiries (Clauses 4, 14, 23, 24)
       Sharp increase in administrative fines (Table 2)
       Payment of fine while subject to appeal (Clause 22)
       Double jeopardy (Clauses 14 and 26)
                                                                           5
              Protection of evidence
   Important principle: Find the real cause of accident – persons
    must not feel constrained to tell the truth
   Proposal: Evidence can not be used in any civil or criminal
    proceedings, inquests, disciplinary enquiries, or admin proceedings
   To give protection will not take away any rights, but will ensure
    fairness to employees: It will not prevent same evidence being
    produced in legal proceedings, but then subject to proper
    evidentiary rules
   The same principle applies:
      Employer investigations (Clause 4)
      Representations about fines (Clause 14(d))
      Evidence given at DME investigation and inquiries (Clauses
        23 & 24)
                                                                      6
     Inspectorate becoming a juristic
           person (Clause 11)
   Supported in principle
   Proper corporate governance in the legislation:
     MHSC should be the oversight body
     Should not be able to direct or interfere with
      enforcement
     Chaired by independent Chair

     Retain principle of Tripartism – it has served us well

   Proper financial provision from the State

                                                               7
          Functions of Inspectorate
                 (Clause 12)
   Health and safety permits:
     It will take up most of the time of Inspectors, who
      should be at the mines
     No proper criteria or procedures for when required,
      suspended, revoked, etc
     Increased red tape will impact negatively on
      competitiveness of industry
     Substantive rights should be in the legislation, not in
      regulation

                                                                8
    Functions of Inspectorate (cont’d)
               (Clause 12)
   Mandatory minimum competencies for
    Inspectors
   Mandatory issue of guidelines for the use of s54
    powers (clause 18) (see current s55G)




                                                       9
               Administrative fines
                (Clauses 14-17, 22)
   Time limits within which Inspector should make
    decisions
   Very sharp increase in fines, generally higher than fines
    imposed by Courts
   Act should contain basic procedures and considerations
    with regard to fines (compare s55G, Clause 18)
   In addition, make provision for guidelines to be issued
    (s55G, Clause 18)
   Suspend obligation to pay fine when subject to appeal
    (Clause 22)

                                                           10
               Criminal liability
                  (Clause 26)
   Employer could be prosecuted for more than
    one offence for same set of facts
   Protection against prosecution if mine did not
    comply with mine’s own code of practice, even
    though they met legal requirements
   Chapter 3 issues are LRA issues, and should not
    be dealt with as part of criminal liability


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                                                Mine safety performance against Milestones
                                0.6
Fatality frequency rate (FFR)




                                0.5                                    “New” MHSA

                                0.4
                                                                                             Milestones set
                                0.3
                                        Don’t throw out the baby
                                0.2     with the bathwater: current
                                        approach has already
                                0.1     shown positive results
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                                                    Pre-MHSA FFR      Post-MHSA FFR   Milestones
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