QRC urges changes to new mine safety Bill

The Queensland Resources Council (QRC) has raised concerns that proposed industrial manslaughter laws will decrease the safety culture in the mining industry. It is pushing for the exclusion of statutory positions including site-based SSEs from the definition of Senior Officers under the new legislation (the Mineral and Energy Resources and Other Legislation Amendment Bill 2020). And it has raised objections to the proposal that all statutory officials in coal mining must be employed by the coal mine operator QRC chief executive Ian Macfarlane today told a Parliamentary Committee examining the proposed legislation that safety remained the sector’s top priority, but changes were needed to ensure the Bill met its purpose. “We are all working towards the same goal, an industry where every worker goes home unharmed at the end of every shift," he said. “However, QRC believes the Bill as drafted could have the perverse outcome of decreasing safety culture and risking unintended consequences." The committee was holding public hearings in Brisbane this morning, to be followed by more at Moranbah in Central Queensland this evening, where witnesses will include four CFMEU representatives. Seven members of the Queensland Coal Site Senior Executives (SSE) Forum are also due to speak tonight. Mr Macfarlane said this morning the current Coal Mining Health and Safety Act had been drafted in the wake of the Moura No. 2 Mine disaster that claimed 11 lives on the 7th of August 1994. These safety laws governing the coal mining industry and protecting coal mining workers established the unique role, duties, responsibilities and obligations of statutory positions such as the site senior executive (SSE), he said. QRC chief executive Ian Macfarlane. “As the resource acts include statutory positions, it is not simply a matter of translating the industrial manslaughter provisions in the Work Health and Safety Act into the existing resources acts," he said. “To do so causes a number of unintended consequences and risks reducing the likelihood that executive officers will ever be able to be charged as the industrial manslaughter offence is likely to disproportionately target the SSEs and other statutory positions. “Rather than extending the prospect of a fine or jail time to those decision-makers beyond the mine site, the industry expects this Bill to load a heavier burden on site-based SSEs and the positions reporting to them, making their fundamental role untenable. “Recognising the onerous personal statutory duties that these positions already hold with associated penalties including the potential to be imprisoned for criminal manslaughter, QRC seeks the exclusion of statutory positions from the definition of Senior Officers. “The purpose in seeking this change is not to weaken the provisions, rather it is to enable the intent of the legislation to be achieved, that is, to ensure that corporate decision-makers can be held personally liable for criminal acts of negligence causing death." “QRC believes that without these changes the Bill also runs the risk of diminishing safety by undermining the culture necessary to prioritise safety." Mr Macfarlane said also the Bill included a late addition, for which there had been no consultation or evidence provided. “That issue is the proposal that all statutory officials in coal mining must be employed by the coal mine operator," he said. “There is no evidence to suggest this requirement would have any impact on improving safety outcomes. “The Brady report made no findings that the reporting culture of contractor statutory position holders was inferior to the reporting culture of employees in those positions. “QRC and the resources industry remain committed to making improvements to mine safety and this requires full collaboration with other stakeholders on meaningful reforms.” QRC’s submission can be found here https://www.i-q.net.au/main/union-fights-company-calls-for-exemptions https://www.i-q.net.au/main/big-miners-fight-to-protect-on-site-executives-from-new-penalty https://www.i-q.net.au/main/mining-manslaughter-laws-must-apply-to-all-union

QRC urges changes to new mine safety Bill

Industry Queensland

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