Special Counsel, MinterEllison
In 2018 there were a number of amendments to the resources safety legislation in Queensland including in relation to contractor management and the introduction of a positive obligation on officers to exercise due diligence. This positive obligation is a significant change and it is important that organisations in the resources sector conduct a review of their safety governance systems to ensure that their Board and Executives are able to discharge their personal obligations.
Other potential reforms to the Resources Safety Acts have been debated that would essentially bring them into line with the recently amended WHS Act, including in relation to the introduction of an industrial manslaughter offence. There has also been a number of serious safety incidents in the Queensland mining sector which has meant that the Mines Inspectorate is on high alert.
This paper will discuss the amendments, proposed reforms and regulatory environment in the current climate, including providing insights into current industry issues.
Director, Customer Engagement and Strategy, Kognent
During the 12 months to the end of September 2018, 169 people died from 152 fatal crashes involving heavy vehicles across Australia. The National Heavy Vehicle Regulator (NHVR) has developed and administers, in consultation with industry, the Heavy Vehicle National Law (HVNL) to improve safety, efficiency, and productivity.
Under the changes HVNL that came into effect on October 1 2018, all parties have a primary duty to ensure, so far as reasonably practicable, the safety for their transport related activities.
Unfortunately, far too many organisations across the mining industry believe they don’t have Chain of Responsibility (CoR) requirements as they don’t operate on public roads – they are wrong.
So, how do the HVNL and CoR relate to our industry?
Have you taken the time to consider how equipment, supplies, or even your workforce get to your site?
It’s likely they are being transported to site on a vehicle over 4.5 tonnes (gross vehicle mass) which would equal legal liability to the organisation and the individuals playing role/s under the CoR involved in that transport-related activity.
CoR compliance is imperative to greater safety across your transport-related activities.
In November 2018, the Coal Mining Safety and Health Act 1999 was amended to introduce a number of significant reforms.
A number of the changes were aimed at improving the focus on contractor management and safety. We discuss these important changes and their practical implications for the industry.