Queensland Government Perspective. Andrew Clough Chief Inspector of Coal Mines November 2014

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1 OHS Policies nd Government and Legal Perspective Framework Queensland Government Perspective Andrew Clough Chief Inspector of Coal Mines November 2014 Andrew Clough Chief Inspector of Coal Mines November 2014

2 Moura No. 2 Mine Disaster A Catalyst for Change On the 7 th August 1994 an explosion occurred underground at the Moura No 2 mine. Rescue attempts of the 11 trapped miners were abandoned after a second more violent explosion 18 hours later The mine was sealed from the surface and the bodies of the 11 miners were never recovered. This was the third explosion that had occurred at Moura over the previous 20 years resulting in a total loss of 36 lives.

3 THE WARDENS INQUIRY The Inquiry recognises the need for and supports a revision of the existing Coal Mining Act and the regulations pertaining thereto. It further accepts that the revision needs to be a major one inculcating, as appears to be intended, fundamentally different philosophies and approaches in both its formulation and implementation. The objective of bringing about a cultural change in peoples attitudes to the purposes of legislation is accepted as a necessary and commendable goal.* WARDENS INQUIRY - REPORT ON AN ACCIDENT at MOURA NO 2 UNDERGROUND MINE on SUNDAY, 7 AUGUST 1994

4 The New Legislation On reviewing the legislation the Queensland government looked to the UK 1972 Robens Report on Safety and Health at Work that controversially championed the idea of selfregulation by employers. The re-drafted legislation also incorporated principles from relevant Australian and New Zealand Standards* In 1999 the Queensland Coal Mining Safety and Health Act was passed. In 2001 the subordinate Coal Mining Safety and Health Regulations were enacted. *AS/NZS 4801:2001 Occupational Health and Safety Management System and, AS/NZS 4360:1999 Risk. Management.

5 Underlying Principles of Robens Style Legislation 1. Worker Involvement 2. Competent Management 3. Obligations 4. Effective Inspectorate

6 The Framework CMSHA 1999 CMSHR 2001 Recognised Standards Safety and Health Management System

7 THE CMSHA 1999 Sets the objectives or goals of the mining safety framework Imposes safety and health obligations on persons Provides for the making of Regulations and Recognised Standards Provides the framework for developing the Safety and Health Management System Provides ways to achieve cooperation at an industry level and a mine site level Requires management structures with competent supervisors Provides for inspectors and other officers Provides for a coal mines rescue capability

8 Cooperation and Consultation 32 Cooperation to achieve objects of Act (1) This Act seeks to achieve cooperation between coal operators, site senior executives and coal workers to achieve the objects of the Act. (2) Cooperation is an important strategy in achieving the objects of the Act and is achieved at an industry level by (i) the establishment of the coal mining safety and health advisory committee under part 6; and (ii) the appointment of industry safety and health representatives under part 8; and (b) at coal mine level by (i) the election of site safety and health representatives under part 7; and (ii) the process of involving coal mine workers in the management of risk.

9 THE CMSHR Ways of achieving an acceptable level of risk (1) This chapter, other than sections 47(3) and 52(1), prescribes ways of achieving an acceptable level of risk at a coal mine in the circumstances mentioned in the chapter. (2) However, this chapter does not deal with all circumstances that expose someone to risk at a coal mine. (3) A person may discharge the person s safety and health obligation in the circumstances mentioned in this chapter only by following the prescribed ways.

10 Safety and health management system is Key A documented and auditable system for implementing the organisations OHS policy Defines the organization structure necessary for safety and health Outlines the processes and resources needed to manage the mine so that risk is at an acceptable level Delivers the strategy and plan to ensure that the mine is run safely Contains a plan to regularly review and continually improve so that risk to persons at the coal mine is an acceptable level; and If there is a significant change to the coal mining operations of the coal mine containing a plan to immediately review the safety and health management system so that risk to persons is at an acceptable level.

11 A coal mine s safety and health management system must provide for the following basic elements (a) risk identification and assessment; (b) hazard analysis; (c) hazard management and control; (d) reporting and recording relevant safety and health information and data.

12 Worker Involvement in the SHMS CMSHR Developing standard operating procedures (a) the site senior executive must consult with a cross-section of the mine s coal mine workers involved in carrying out a task under the proposed standard operating procedure to identify the hazards associated with the task and ways of controlling the hazards;

13 Control Framework Principal Hazard Management Plans Prevention Controls Monitoring Controls First Response Controls Emergency Response Uncontrolled Event

14 Principal hazard management plan An underground mine must have principal hazard management plans that provide for at the least the following (a) emergency response; (b) gas management; (c) methane drainage; (d) mine ventilation; (e) spontaneous combustion; (f) strata control. Other- (Inrush)

15 Prevention Controls based on Hierarchy of Controls

16 Are Your Controls Effective? Fatalities Elimination Serious Injuries Substitution Lost Time Injuries Engineering Controls Restricted Injuries Administration Controls Medical Treatment Injuries Personal Protective Equipment Potential Outcome Controls

17 Participants in the Formation of Principal Hazard Management Plans. Tripartite Arrangement The Regulator Content Expert Mine Management Mine Workers

18 Prevention Controls - Ventilation Modelling - (Planning) Depending on the nature and complexity of the operation, a computer model may be required to design the ventilation system and assess potential changes. Use of computer modelling to plan and validate design considerations should be suitable for the circumstances- including effects of fire and mine inertisation Chief Inspector May Direct an Independent Engineering Report

19 Monitoring Controls - Gas Monitoring The purpose of the gas monitoring system is to; Predict and define potential for an explosive atmosphere to occur To identify any occurrence of spontaneous combustion To validate that our assumption that the mine atmosphere is within prescribed limits and in control.

20 Monitoring Controls Trigger Action Response Plans

21 First Response Plans

22 Aided Escape

23 Emergency Response S172 Emergency response (Mines Rescue) The site senior executive must ensure the mine has emergency response strategies for mines rescue services. The strategies must provide for external assistance under a mutual assistance scheme between the mine and another mine; or a mines rescue agreement. The strategies must be capable of implementation whenever a person is below ground at the mine.

24 Mines rescue Private company in Qld QMRS Small staffing levels High level of technical competence GAG operation Australian and international experience Performance Criteria (audit report to the Minister) Formal Contracts

25 Górniczy Agregat Gaśniczy (GAG)

26 Statutory Officials and Supervision Minimum educational qualifications and competencies Written law exam Extensive oral examination No one gets hurt on my watch

27 Competent Workforce National coal competency standard Competencies decreed by Minister's Advisory Council Trained and assessed to national standards for each competency

28 Mines Inspectorate Functions Inspect, audit and monitor Investigate accidents Provide help, advice and assistance Ensure corrective action taken Investigate complaints Issue directives and recommend prosecutions as necessary

29 Mines Inspectors Statutorily qualified Tertiary qualifications (Degree or diploma) Usually highly experienced (from industry) Highly trained by Department

30 Directive to suspend operations for unacceptable level of Risk If an inspector, inspection officer or industry safety and health representative believes risk from coal mining operations is not at an acceptable level, the inspector, officer or representative may give a directive to any person to suspend operations in all or part of the mine.

31 Compliance Policy

32 The Coal Mining Safety and Health Advisory Committee

33 Advisory Committee 76. Functions of committee (1) The primary function of the committee is to give advice and make recommendations to the Minister about promoting and protecting the safety and health of persons at coal mines. (2) Without limiting subsection (1), the committee must discharge its primary function by periodically reviewing (a) the effectiveness of this Act, regulations and recognised standards; and (b) the effectiveness of the control of risk to any person from coal mining operations.

34 We Must Do More to Improve Safety Legislation Changed

35 Every miner home safe and healthy every day