MS - Registered Managers forum - 2019 - Regulating the mining ...

MS - Registered Managers forum - 2019 - Regulating the mining ...

Please read this before using presentation This presentation is based on the content presented at the 2019 Registered Managers Forum in August 2019. Department of Mines, Industry Regulation and Safety (DMIRS) supports and encourages reuse of its information (including data), and endorses use of the Australian Governments Open Access and Licensing Framework (AusGOAL) This material is licensed under Creative Commons Attribution 4.0 licence. We request that you observe and retain any copyright or related notices that may accompany this material as part of attribution. This is a requirement of Creative Commons Licences. Please give attribution to Department of Mines, Industry Regulation and Safety, 2019. REPLACE IMAGE For resources, information or clarification, please contact:

NOTE: Right click on the image and select Arrange and Send to [email protected] or visit Back www.dmirs.wa.gov.au/ResourcesSafety Where are we going? Regulating the mining industry in the future Registered Managers Forum for Managers of Western Australian Mines

REGULATING THE MINING INDUSTRY IN THE FUTURE 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 5 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 6

The Safety Ethos of the Workplace Leader Scientia Est Potentia Deep and persistent safety problems are never solved by accident; they are solved only by the living.. Dr Garry Claxton 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 7

The Sad Reality of Workplace Safety According to Norris et al 2019*: Most workers of the world share a common goal: To return home to their families after a shift or rotation. Yet recent ILO statistics inform us that every 12 x seconds a worker dies while at work. In the words of Dr Lana Cormie who lost her husband Charlie to a workplace accident last year: Our daughter Sophie is four, our son, George, is one year old. My husband never came home he just became another dead body who is carried out of an Australian workplace every (1.54) days. His death was a result of a failure in the culture, values, systems and laws of our country. What is left is our broken family.. *Professional Safety, Journal of the American Society of Safety Professionals, June 2019

02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 8 The Heart Breaking Truth o According to Safe Work Australia from 1 January 31 December 2017 there was a total of 230 notifiable workplace fatalities in Australia, up from 203 the previous year. o In 2018, there was over 40,000 workers WA Compensation claims.. 02/21/2020

DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 9 The Dangers of Delegating Too many managers and supervisors are under the misapprehension that by devoting sufficient resources to safety programs is enough to meet their duty of care obligation. Here are some of these systems, programs and people that determine life or death in work places:

Behavioural based safety The best OHS manager in Australia Occupational Health & Safety Management Systems (OSHMS) Safety Gap Analysis Strategic Health and Safety Mentoring Workshops Strategic OSH Planning OSH Culture Climate Surveys OSH Compliance Audits And many other 2 x ply defensive solutions..

02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 10 The Business Case for a Safe Workplace Repeatedly, evidence from organisations both small and large, demonstrates that failure costs associated with an injury or incident is substantially greater than the foregone cost of prevention. Some costs are hidden but more concerning is that other potential costs are ignored due to active but incorrect judgements about the likelihood of their reality.

Workplace safety done well has a positive effect on the bottom line e.g. WC premium is just one such effect.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 11 Two Sources of OHS law Common Law or Judge made law. Statutory Law or Parliament made law. Mine Safety Inspection Act 1994 (WA) Work Health Safety Act (4 x States and both Territories). Victoria and Western

Australia yet to adopt.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 12 A Duty of Care As employers are in control of the workplace and workplaces can have significant risks to health and safety, employers, and their nominated officers, are required to organise their workplace and their work systems to ensure people at work are not put in harms way. Often referred to as a General Duty.

There exists a Statutory and Common Law - Duty of Care.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 13 Where Reasonably Practicable! The so far as is practicable qualification is a statutory codification of the calculus of negligence which evolved from common law negligence actions. Section 9 of the Mine Safety Inspection Act 1994 WA requires: An employer must, so far as is practicable, provide and maintain at a mine a working environment in which that employers employees are not exposed to hazards..

02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 14 So What Does it all Mean? So far as reasonably practicable in a nut shell means that a reasonable person would have: 1. identified the hazard, 2. considered the risk, and 3. where necessary put a control or controls in place. Risk is measured by considering: The magnitude of the risk, the probability of its occurrence and the means of removing or

mitigating the potential injury or harm to health. Weighed against the expense, difficulty and inconvenience.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 15 Risk Perception A tendency towards bias. Anyone remember Captain E J Smith? Capitan E J Smith provided a powerful diatribe to a meeting of investors on

the risks of travel by ocean/sea.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 16 The Risk Assessment Probability of adverse event happening. In the beginning Bolton v Stone [1951] AC 850.. 02/21/2020

DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 17 The Risk Assessment The severity or magnitude of the risk. In the beginning Paris v Stepney Borough Council [1951] AC 367.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 18

Putting it Simply The duty holder must have identified all the hazards associated with an undertaking. The duty holder must have risk assessed all of these identified hazards. Subject to level of risk, the duty holder must put an effective control in place to keep the risk of a hazard causing an adverse event ALARP.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 19 Passage of time is no defence Perth Magistrate Martin Flynn recently pointed out that performing the same task for

10 years without prior incident didnt reduce the seriousness of an offence. An Exact Mining worker was crushed to death in December 2014 when a 60 metre long polyethylene pipe slipped while being moved. Exact Mining was given a penalty of $130,000. The worker was given a funeral and the workers family were given life sentences.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 20 Australian Institute of Company Directors

According to Christopher Niesche of the Australian Institute of Company Directors - Directors (and company Officers) need to understand what due diligence is because it will be applied a lot more literally and to every level of the company, not just the big guys, which is where the regulators have been hunting..* *Niesche., Christopher, 2019), Directors, is your board paying enough attention to WHS, Australian Institute of Company Directors Magazine, 01/07/2019.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 21 Meeting the Due Diligence

Requirements through Processes. In demonstrating due diligence, section 27 of the WHS Act requires officers to show that they have taken reasonable steps to acquire and update their knowledge of health and safety matters. My research suggests that there are six essential elements to achieving this end.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 22 Proactivity and Due Diligence

The six components of the due diligence duty. 1. Knowledge of work health safety matters. 2. Understanding of the nature of the operations of the business and the hazards and risks associated with those operations. 3. Resources and processes. 4. Information regarding incident, hazards and risks and responding in a timely way to that information. 5. Legal compliance. 6. Verification.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD

23 Knowledge of and commitment to work health safety matters The key role of a leader is to provide safety direction and oversight of the operation of the business. To be a safety leader you need to be a volunteerit is not a job; it's a calling. In a positive safety culture nothing takes precedence over safe work. You will need to know what questions to ask and when to ask them. Never forgetIgnorance of the law is not a defence. A leader must systematically inform themselves of relevant developments and trends. I would recommend that you appraise yourself of the fundamentals of risk

management, incident investigation, auditing and horizon gazing, to name a few.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 24 Understanding the nature of operations A leader is not only required to acquire and maintain a base knowledge but also contextualise that knowledge in relation to the business or undertaking. Put a required safety action in a context that enables all workers to completely understand what is required of them to stay safe. Identify the hazards, assess the risks and put the necessary controls in place..

02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 25 Resources and Processes Due diligence requires the safety impact of every resource decision to be assessed. Resources includes human resources and not just financial resources. Safety expenditure may be better characterised as a capital investment. Safety in design is implied in the duty to ensure adequate resources and processes are provided..

02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 26 Monitoring Performance Analyse and learn from incidents, hazards and risks. Rely on a Just safety culture. A blame culture does not support the desired outcome that is the continual improvement of OHS. Analyse and learn from incidents and near miss data to avoid further incidents. There is a role for a properly constructed incentive scheme as part of the mix of

tools to drive better safety performance.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 27 Legal Compliance Leaders must ensure that they implement a process for legal compliance audits. This is where the standard against which the system is measured is the law itself.. 02/21/2020

DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 28 Verify The final element requires verification of the implementation of the due diligence framework. Verification can be typically achieved through system performance audits and should be treated as opportunities for learning, refocusing the organisation back to its roots in a cycle of continuous improvement. A more holistic journey towards verification is using the combination of safety observations, peer reviews and safety surveys which become all the more effective when incorporated with safety audits.

Audits must be conducted by competent personswithout fear or favour. Audits are required at reasonable intervals.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 29 Are these Liabilities Insurable? While directors and managers will often have directors and officers (D&O) liability insurance, these insurances are problematic in relation to work health and safety offences. As a result of Hillman v Ferro Con (SA) Pty Ltd [2013] SAIRC 22Judges seeking to mete

out meaningful penalties are more likely to consider custodial sentences where D&O policies are in place. The recent Senate inquiry into industrial deaths called for urgent reform of the WHS laws to make it unlawful to insure against a fine or defence costs when related to personal liability for WHS breaches.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 30 Thirteen Black

You can take the gamble and leave the safety of your workers or work colleagues to chance or you can be PROACTIVE and make your legacy the winner.. 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 31

Any Questions? Prepare and prevent instead of repair and repent.. For further information www.fidesconsulting.com.au 02/21/2020 DEVELOPED BY DR GARRY CLAXTON - FIDES CONSULTING PTY LTD 32

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