Mines Inspectors Directives. What Powers the Inspectors had available and never used at North Goonyella

There are Eight (8) Directives available to a Coal Mines Inspector

Mines Inspectors Directives and Functions and Mine Record

Of these there are Four (4) that could have been used by a Mines Inspector in Relation to North Goonyella Mine Fire

Only one is ever issued that being a Section 167 Directive to suspend operations for unacceptable level of risk” issued by Inspector Nugent on the 27th of September.

“to suspend all operations within the exclusion zones established today to remove persons from these until an acceptable level of risk is achieved”

The Inspectorate if it had of seen fit, they could have a 166 Directive “give a directive to any person to take stated corrective or preventative action” at any time and chose not to.

Preparatory Seals for 9Nth could have been Directed to be constructed “if and when workers could safely enter and work in that Section of the Mine”

Mobilizing the GAG and getting the Surface Emergency Seals ready for immediate deployment could have been subject to a Section 166 up until the evening of the 27th of September.

166 Directive to reduce risk

(1) If an inspector or inspection officer reasonably believes a risk from coal mining operations may reach an unacceptable level, the inspector or officer may give a directive to any person to take stated corrective or preventative action to prevent the risk reaching an unacceptable level.

167 Directive to suspend operations for unacceptable level of risk

(1) 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.

168 Directive to review safety and health management system and principal hazard management plans

If an inspector believes the safety and health management system or a principal hazard management plan for a coal mine is ineffective, the inspector may give a directive to review the safety and health management system or the principal hazard management plan and make it effective.

169 Directive to suspend operations for ineffective safety and health management system

If an inspector believes there is not an effective safety and health management system for a coal mine or part of a coal mine, the inspector may give a directive suspending operations in all or part of the mine.

 

The Functions of Mines Inspectors are set out in Section 128

Mines Inspectors derive the ability of issuing Directives under Section 128 (g)

(g)          if unsafe practices or conditions at coal mines are detected, to ensure timely corrective or remedial action is being taken and, if not, require it to be taken;

 

The Mine Operator is required under Section 68 Mine Record to keep for Seven (7) years

68          Mine record

(1)         A coal mine operator for a coal mine must keep a mine record that includes—

(a)         all reports of, and findings and recommendations resulting from inspections, investigations and audits carried out at the mine under this Act; and

(b)         all directives issued under this Act to the coal mine operator and the operator’s agents or representatives; and

(c)          a record of all remedial actions taken as a result of directives issued under this Act; and