Department of Natural Resources and Mines Resources Registered Training Organisation Association Conference “Issues Relating to Harmonisation” Stewart

Department of Natural Resources and Mines

Resources Registered Training Organisation Association Conference

“Issues Relating to Harmonisation”

Stewart BellCommissioner for Mine Safety and Health

October 2012

2© The State of Queensland, Department of Natural Resources and Mines, 2012


Introduction

• Training is integral to mine safety

• The inspectorate has concerns about whats happening in the training arena

• We are disturbed by the range of HPIs which have rippled through the industry over the past 6 months


OrganisationCOMMISSIONER FOR MINE SAFETY AND HEALTH

DEPUTY DIRECTOR-GENERALStewart Bell

PETROLEUM & GAS

INSPECTORATE

EXPLOSIVESINSPECTORATE

MINES INSPECTORATE

HEALTHSURVEILLANCE

UNIT

SIMTARSABANDONED MINING

LAND PROJECT

Chief InspectorStephen Matheson

Chief InspectorGeoff Downs

Chief Inspector ofCoal Mines

Gavin Taylor

Chief Inspector of Metalliferous Mines

Rob O’Sullivan

Executive DirectorPaul Harrison

AMLP CoordinatorOskar Kadletz

ManagerMaura Thompson

Executive DirectorGrahame Wise

Principal Project Officer

Principal Advisor- Policy & CoordinationMick O’Donoghue

Executive OfficerSue Cosgrove

Organisational Structure – DNRM Safety & Health Division


Inspectorate concerns

• For some time we have experienced a growing disquiet.

• The seriousness of some HPIs is most disconcerting and they are growing in number rather than decreasing.

• We seriously question the culture that is generating these incidents and we point out it is no one company or one sector – it is across the board.


Our view

• Inadequate and inappropriate training across all classifications

• Supervisors who can not identify hazards.

• Supervisors and managers appointed to positions outside their level of experience or expertise.

• Fundamental lack of legislative knowledge and awareness of the local Safety and Health Management System.

• Poor safety culture


The evidence - underground

• Non authorised personnel issued with methanometer keys and using them to bypass gas monitors on equipment in gassy environments.

• Deputies not carrying out inspections before repowering districts or starting auxiliary fans.

• Numerous diesels discovered with methanometers bypassed

• Electrician opening FLP enclosure and working on live equipment in an ERZ zone

• A contractor caught smoking underground

• A deputy running and attempting to start a vehicle in a return when the gas concentration was over the prescribed level.


The evidence - underground

• Numerous frictional ignitions through mismanagement – non compliance with the SHMS.

• Non technically qualified personnel involved in risk assessments leading to a battery being changed on a ram car in an ERZ

• Contract tunneling company now working in coal found to have three times the silica limit when personnel monitors were fitted.

• Electrician repowered panel before deputy had inspected the panel.

• Emergency stop defeated on a continuous miner


The evidence – surface mines

• Surface structure being dismantled – shotfirer used was not licensed in Qld. Job failed and persons lucky not to be seriously injured.

• OCE overruled on legislative issue by incorrectly appointed supervisor/manager. SSE also unaware of legislation.

• Gas flare and no persons with knowledge or experience to deal with same (same mine someone lit a gas blower with a cigarette and even though directive issued to address gas problem – nothing done).

• Young apprentice assigned to drive a 4WD towing a noncompliant trailer which was over the capacity of the 4WD. 4WD rolled and apprentice lucky to escape with minor injuries.


The evidence – surface mines• Continued non-reporting of HPIs although there has been some

improvement.

• Dozer destroyed when parked too close to a blast

• Incorrect fitment of after sales equipment leading to ergonomic issues and injury – some serious.

• Trucks bursting through tip bunds.

• Numerous vehicle interfaces with some exceptionally high potential.

• Continual loss of control of heavy and light vehicles where roads and ramps have been overwatered.

• Vehicles not meeting corporate standards.


Catastrophe avoidance

• In the increasingly complex operating environment, to sustain business vitality and performance excellence, an organisation must be able to manage unexpected events and lessen the threat from those low-frequency/high-consequence events. The four elements discussed above – risk sensitivity, decision-making capability, enabling culture, and operating discipline – are interdependent components that collectively build an organisation’s operating dexterity and allow it to navigate through uncharted territories with great speed and accuracy.

Dr Mei-Li Lin Director of Research and Development,

Dupont Sustainable Solutions


Comments from an experienced miner

• I have got to admit I’ve found it very hard here with the young men. They seem to have too much self-confidence, too quick. They’ve been underground maybe six months and they are a miner. But they can’t have in those six months appreciated the dangers down there. … Some of these young men have called me some serious names while I’ve been here …. I said, ‘Look, I don’t care. I’ve been in this game all my life and I’m not going to die here just because you don’t understand where you are working.’ And that’s why I jacked it in ….

Albert Houlden




Unreported Incident




Can you see the cable handling tractor?Neither could the dragline operator


Escaped on foot


Short cut









Emergency stop&

Fire suppression

After market items mounted in cab at head height


National Mine Safety Framework & COAG reforms

• NMSF started in 2002 - compatibility of all states’ legislation with the United Nations’ International Labour Organisation Convention 176

• The idea was to get consistent legislation

• Handled by Chief Inspectors of Mines – 100% people directly linked to mine safety

• 2005 – NMSF taken over by Ministerial Council – C’wealth + states + territories – now only 40%


NMSF Genesis

• 2007 – COAG’s 27 regulatory reforms includes NMSF, OHS, rail, marine – now only 20%

• 2008 (Feb.) Workplace Relations Ministers - harmonise OHS laws – now 15%

• 2008 (Jul.) COAG IGA OHS for all workers

• 2009 (May) Workplace Relations Ministers – no industry specific OHS unless justified [decision made by people with no direct link to mining]


National Mine Safety Framework & COAG reforms

• Series of endorsements and approvals - committees with tenuous links to mining.

• Decisions were made on the vote - Three jurisdictions with 90% of the mining activity were outvoted by six (C’wealth, states and territories with the remaining 10%) - now 10 %

• Business Regulation and Competition Working Group (BRCWG) –chaired by Minister for Finance and Deregulation and the Minister Assisting – now 7.5 %


Genesis

• Strategic Issues Group on Occupational Health and Safety (SIG-OHS) formed by Safe Work Australia to develop model WHS Regulations 5%

• Reward payments / Audits by COAG Reform Council (CRC) 4%

• Arresting the ‘drift into failure*’ - Qld, NSW and WA formed ‘non-core’ to achieve greater consistency.

• Queensland’s position: existing safety standards maintained and no significant increase in cost.

• *with apologies to Professor Sidney Dekker of Griffith University author of “Drift Into Failure”


Changes for Qld

– Statutory positions requiring BOE practicing certificates increases from 5 to 16

– Notification of high risk activity

– Stone dust bags in underground coal mines

– Tri-state Advisory Committee on Competencies• Advice on competencies for mining

• Member from 3 states

• Tripartite membership is being considered.


Next step – Regulatory Impact Statement (RIS)

• New government established Office of Best Practice Regulation under the Qld Competition Authority

• RIS - A fundamental step is establishing a case to act – determining that regulation is necessary - Identification of the problem and the issue that needs addressing

• ensure that legislation should not restrict competition unless it can be demonstrated that:– the benefits of the restrictions to the community as a whole

outweigh the costs (a cost benefit analysis must be undertaken).

– ensuring that regulation remains relevant and effective over time

– consulting effectively with affected key stakeholders at all stages of the regulatory cycle

– ensuring that government action is effective and proportional to the issue being addressed.


Indicative timelines

• RIS release target mid-November 2012

• RIS to be published on the internet for a minimum of 28 days

• Road shows in regional mining centres – November - December 2012.

• Analysis of the feedback from the RIS - second half of February 2012.

• Seek approval to introduce a Bill into Parliament - March 2012

• Referral to Parliamentary Agriculture, Resources and Environment Committee – submissions & hearings

• It will be law mid 2013


What it means for RTOs

• Mines Inspectors will be involved in technical audits of RTOs

• RTOs and the training industry face the challenge of providing quality training vs. time and cost pressures

• Mineworkers need to understand and identify risk

• We need to better understand the challenges of training greenskins

• Training quality needs to improve and be better focussed

• Supervisor training needs to better developed


Audits

• Australian Skills Quality Authority (ASQA) may require technical experts from the Mines Inspectorate involved in quality audits of RTOs

• An MOU is being discussed with ASQA to cover possible audits


Authorised work / Competency

• WHS laws – certain work must be done by authorised (licensed) persons e.g. crane and hoist operation, forklifts

• Qld Mine Safety laws – SSE must – train coal mine workers so that they are competent to perform

their duties;

– not assign the tasks of a supervisor to a person unless the person

• is competent to perform the task assigned • has the relevant competency if recognised by the advisory

committee


Where to from here?

• How far are we away from a catastrophe?

• What are we going to do about it?

• The inspectorate can assist but the ultimate responsibility rests with you

• We need to work together

• If we don’t address these issues we are failing in our responsibility to our employees


Finally

Every miner home safe and healthy Every miner home safe and healthy every dayevery day


Decisions – in a nutshell

Decisions can be life taking

Decisions can be life giving

Its your call…

Documents

Department of Natural Resources and Mines Resources Registered Training Organisation Association Conference “Issues Relating to Harmonisation” Stewart