New laws to prepare for

Industrial manslaughter laws: A path to a safer sector

The Queensland mining industry has taken a defiant stand following a series of fatalities that hit the “tightknit” resources sector last year.

Those working in the industry are aware of the impact that the eight lives that were lost over the past 18 months had.

The tragedies have pushed the Queensland Government to conduct a safety crackdown to reverse the trend.

Among initiatives, the tabling of industrial manslaughter laws to Queensland parliament seeks to make mining a safer place for all employees.

Mining executives could now face up to 20 years in jail if Queensland’s mine and quarry workers die due to criminal negligence, according to the state’s Department of Natural Resources, Mines and Energy (DNRME).

“Legislation introduced to Queensland’s parliament on February 4 creates the offence of industrial manslaughter, bringing resources workplaces in line with all other Queensland workplaces,” the DNRME states.

“Queensland already has the toughest mine safety and health laws in the world, and the laws give the state’s 50,000 mine and quarry workers the same protections as other Queensland workers.”

The DNRME proposes that senior officers of a mine or quarry company can be tried for industrial manslaughter if criminal negligence is proven for a worker’s death.

An employer commits an offence when their negligent conduct causes the death of a mine worker with or without the involvement of explosives.

The bill sets out a maximum penalty of 20 years imprisonment, 100,000 penalty units and up to $13 million.

“The new laws are part of a suite of sweeping mine safety and health reforms,” the DNRME states.

“Those include $35 million to deliver reforms to improve the safety and health of our mine workers (and) extra mines inspectors.”

The Queensland Resources Council (QRC) welcomes the industrial manslaughter amendment bill, stating that such laws already exist in other industry sectors.

“QRC accepts the introduction of industrial manslaughter as an offence in the resources sector,” QRC chief executive Ian Macfarlane says.

“However, QRC is concerned the current proposed legislation unintentionally weakens the mine safety reforms introduced two decades ago following the Moura 2 Mine tragedy that claimed 11 lives on 7 August 1994. THE QUEENSLAND GOVERNMENT HAS TABLED A BILL FOR INDUSTRIAL MANSLAUGHTER IN STATE PARLIAMENT TO HELP RESTORE A STRONG SAFETY CULTURE IN THE MINING INDUSTRY. Mineworkers should be trained to perform tasks according to OEM requirements. Ian Macfarlane of the Queensland Resources Council.

“QRC is concerned the roles of SSEs (senior site executives) that have been so fundamental to the proactive on-theground management of safety on mine sites under the Moura mine tragedy reforms will be more targeted by the new offence of industrial manslaughter when the intent of the offence was to target gaps in the law at corporate leadership levels.”

Macfarlane believes the existing safety legislation that applies to the resources sector was designed to address the unique organisational structure that exists in the mining sector.

The former federal minister wants to see the new legislation build on safety without impeding the culture of sharing of safety information.

According to Rod Hodgson, state managing principal at law firm Maurice Blackburn, the laws are important new protections which help establish Australia’s toughest regime of work health and safety laws for mining and quarry workers, bringing them in line with other workers in Queensland.

“Unless board members and

executive officers know they can be prosecuted then an insufficient deterrence exists – proper investigation and prosecution of board members and executives is key to ensuring a robust safety culture in the mining sector,” he says.

“Under the government’s new laws, the message is now clear that if a mine worker dies as a result of your negligence severe financial penalties and significant jail time can follow.

“Of particular significance is the new offence of ‘negligence causing death’ which strengthens regulation and compliance around workplace health and safety.”

The QRC has been committed to working with Queensland Minister for Natural Resources, Mines and Energy Anthony Lynham on the outcomes of industry safety reviews since last July.

In the review into Queensland’s mining and quarrying fatalities from 2000 to 2019, forensic engineer firm Brady Heywood says a combination of banal, everyday factors are the typical cause.

The factors include a failure of controls, a lack of training and/or absent or inadequate supervision.

The report recommended that more effective controls be put in place instead of administrative controls, which according to Brady Heywood are some of the least effective controls available.

Australia’s mining industry is also urged to shift its focus from lost time injuries as a key safety performance indicator.

Its proneness to manipulation means that the mining sector can reduce the lost time injury frequency rate without making the industry safer, according to the report.

In addition to the Brady Review and tabling of the industrial manslaughter laws, the state government’s $35 million reforms have also resulted in four new mine inspectors being recruited to the state’s mine and quarry industries.

They commenced their roles in Rockhampton, Mackay and Mt Isa last year.

The safety measure also goes alongside a proposed legislation for an independent resources health and safety authority to be established.

“The resources industry supports one in seven jobs across Queensland,” Macfarlane concludes.

“A safe workplace for those 372,000 men and women and their safe return home to family and loved ones is our priority.”

Companies should ensure workers are supervised when faced with ineffective preventative controls.