How many times will we hear the weasel words like “It is the Mines Responsibility to Control and Manage Risks Not the Mines Inspectors”” from the Mines Inspectors over the next week at the Grosvenor Inquiry? Sorry Mr Inspectors, What you Permit you Condone

In the absence of anyone from Grosvenor Management taking the stand, this week we are going to hear testimony from various Mines Inspectors.

Without doubt one statement we shall hear often is

It is the Mines Responsibility to Control and Manage the Risks at the Mine. Not the Inspectors.

I have a simple message

What You Permit You Condone

I fully expect other old Inquiry chestnuts to roll out like

“All the holes in the Swiss Chees lined up.”

“We were not aware of that.”

“No one from the Mine told us that”

“How were we to know this would happen?”

“Well we talked to them a lot about it and made a lot of Recommendations and Suggestions.”

There is a truth in what they say.

It is up to the Mine Management starting at the SSE to manage and control the risks, the Coal Mining Safety and Health Act says they must.

But that is not a get out of Jail Free Card for the Inspectors. They have extensive Functions under the Act as well.

Principal amongst these are

1. to inspect and audit coal mines to assess whether risk to persons is at an acceptable level;
2. 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;
3. to investigate serious accidents and high potential incidents at coal mines;
4.  to investigate matters at coal mines that affect the successful management of risk to persons;

The Inspectors have been given a number of Powers to allow them to take Action to fulfill their Functions principally Directives

What you will not hear anything about will be Directives either under

Section 166 Directive to reduce risk

Section 167 Directive to suspend operations for unacceptable level of risk

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

You will be told that the Department had conducted numerous Inspections and had raised matters for the Mine to address.

You may even hear the term SCP or Sub-Standard Condition or Practice being used to identify what the Inspectors have identified and asking the Mine Management to take action under an SCP.

There is no such beast as an SCP under the Act and has been used for some 12 to 15 years at least despite formal objections that you cannot use and rely on a device that does not exist under the Coal Mining Act.

It has no Legal Standing or Power and in reality the Mine can just basically ignore it.

You may even hear how there was no need to ever invoke a Directive to suspend operations after at any stage no matter how many Methane HPI;s occurred, how frequently or in near exactly the same circumstances.

The reason being that the Mine stopped operations themselves to do an Investigation and possibly take further steps to control and manage the risk from Mining Operations.

What you will not hear is at any stage them state that their view was the risk to persons was at an un-acceptable level.

One thing for sure is that the Mines Inspectors and Mines Inspectorate (RSHQ) will never be called to account or held liable over whether the can demonstrate their fulfilled their Functions under the Act in Relation to Grosvenor honestly and without Negligence.

The State Government will never ever even consider such an action unless being subject to significant legal action themselves

Section 276     Protection from liability

(1)      An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

Example of an act done— giving information or advice

(2)      If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.

 

 

Functions of Inspectors

(1)      functions or powers under this Act for the office

128         Functions of inspectors and inspection officers

Inspectors and inspection officers have the following functions—

(a)   to enforce this Act;

(b)      to monitor safety and health performance at coal mines;

(c)      to inspect and audit coal mines to assess whether risk to persons is at an acceptable level;

(d)     to help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;

(e)       to check that safety and health management systems and procedures are in place to control risk to persons affected by coal mining operations;

(f)   to provide the advice and help that may be required from time to time during emergencies at coal mines that may affect the safety or health of persons;

(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;

(h)  to investigate serious accidents and high potential incidents at coal mines;

(i)  to investigate matters at coal mines that affect the successful management of risk to persons;

(j) to investigate complaints about matters relating to safety or health resulting from coal mining operations.

129   Further functions of inspectors

Inspectors have the following additional functions—

(a)     to advise the chief inspector on safety and health at coal mines;

(b)       to make recommendations to the commissioner about prosecutions under this Act.

 

Matters for which directives may be given

164       Directive to ensure coal mine worker competent

If an inspector believes that a particular task at a coal mine should be performed only by persons with a particular competency, the inspector may give a directive that the task be performed only by a person with the competency.

165 Directive to carry out test

If an inspector reasonably suspects a risk from coal mining operations is not at an acceptable level, the inspector may give a directive to carry out stated tests to decide whether the level of risk is at an acceptable level.

166 Directive to reduce risk

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.

1. The directive may be given orally or by notice.
2. If the directive is given orally, the person giving the directive must confirm the directive by notice to the person in control of the mine or part of the mine affected by the directive and to the relevant site senior executive.
3. Failure to comply with subsection (3) does not affect the validity of the directive.

 

167 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.

1. The directive may be given orally or by notice.
2. If the directive is given orally, the person giving the directive must confirm the directive by notice to the person in control ofthe mine or part of the mine affected by the directive and to the relevant site senior executive.
3. Failure to comply with subsection (3) does not affect the validity of the directive.

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.

170 Directive to isolate site

If an inspector believes it is necessary to preserve evidence after a serious accident or high potential incident, the inspector may give a directive to any person to isolate and protect the accident or incident site.

1. The directive may be given orally or by notice.
2. If the directive is given orally, the inspector must confirm the directive by notice to the person in control of the mine or part of the mine affected by the directive and to the relevant site senior executive.
3. Failure to comply with subsection (3) does not affect the validity of the directive.

276     Protection from liability

(1)      An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

Example of an act done— giving information or advice

(2)      If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.