Australia’s toughest mine safety laws passed in Queensland Parliament last week.
It means executives face up to 20 years’ jail if Queensland mine and quarry workers die because of their criminal negligence.
Mines Minister Dr Anthony Lynham said “the offence sends the clear message to employers and senior officers that the safety and health of their workers is paramount”.
“Safety on a mine site is everybody’s responsibility,” he said.
“But a safety culture needs to be modelled right from the top and creating the offence of industrial manslaughter is to ensure senior company officers do all they can to create a safe mine site.
He said the new sanctions bring the resources sector and its workers in line with every other workplace across the State — but with higher financial penalties.”
The new laws also require people in critical statutory safety roles in coal mines to be mine operator employees – not contract workers.
The new laws are part of sweeping mine safety and health reforms under the Labor Queensland Government, and include:
- increased maximum penalties for offences to $4 million and powers for the regulator to issue fines without going to court.
- statewide safety reset sessions for mine and quarry workers to refocus on health and safety
- better detection and prevention of black lung, and an improved safety net for affected workers.
- $2.2 million for a mobile screening service to support the early detection and prevention of mine dust lung diseases
- $35 million to deliver reforms to improve the safety and health of our mine workers
- a commitment to tighter controls on mine dust levels
- establishment of an independent resources health and safety authority from 1 July.
AMMA submits member views on review of model WHS laws
In August 2019 AMMA made a submission to Safe Work Australia’s (SWA) Consultation Regulation Impact Statement (CRIS) on the impacts of implementing the Recommendations of the 2018 Review of the Model WHS laws (2018 Review) as part of the consultation process on behalf of employers in the resources and energy industry.
AMMA provided feedback on recommendations of significant concern to members in the resources and energy industry.
AMMA’s position, consistent with other business representative groups, is that there are existing, appropriate avenues within Australian criminal law for individuals to be prosecuted for gross negligence that has led to a workplace death. A framework that focuses on punitive measures to health and safety compliance diminishes an organisations’ safety culture. AMMA maintains that continuous improvement in safety outcomes in the workplace, is best driven by cooperative, proactive initiatives to enhance safety culture, not an adversarial legal approach seeking to attribute blame and liability after an accident occurs.
Click here to read more about the focus of AMMA’s submission or here to view AMMA’s entire submission.
For further information about industrial manslaughter or any other WHS policy matter, contact [email protected]
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