GROSVENOR SUBMISSION. SUBMISSION Key Issue 5 part 11 Corporate Officers not catered for CMSHA 1999
SUBMISSION Key Issue 5 part 11 Corporate Officers not catered for CMSHA 1999
GROSVENOR INQUIRY SUBMISSION. KEY ISSUE 5 Part 11.
Whether the operational practices and management systems in existence at Grosvenor Mine, or at higher corporate levels, were apt to adequately respond to the mines understanding of the difficulties it was having with longwall 104
THERE ARE CORPORATE POSITIONS and OFFICERS NOT CATERED FOR BY CMSHA 1999 that APPEAR to HAVE DIRECT CORPORATE RESPONSILITIES FOR PRODUCTION, MINE DESIGN and SAFETY and HEALTH.
THESE STEM FROM DEMONSTRABLE UNINTENDEDED CONSEQUENCES FROM INTRODUCTION OF POSITION OF SITE SENIOR (SSE) in CMSHA 1999.
RECOMMENDATION
AMENDMENT QUEENSLAND COAL MINING SAFETY and HEALTH ACT to SPECIFICALLY CALL UP OFFICERS/POSITIONS of the HOLDER and OPERATOR.
EXAMPLE
33 Obligations for safety and health
(1) Coal mine workers or other persons at coal mines or persons who may affect safety and health at coal mines or as a result of coal mining operations, have obligations under division 2 (safety and health obligations).
(2) The following persons have obligations under division 3 (also safety and health obligations)—
(a) a holder and its OFFICERS;
(b) a coal mine operator and its OFFICERS;
FINDINGS
1) UNINTENDEDED CONSEQUENCES FROM INTRODUCTION OF POSITION OF SITE SENIOR (SSE) in CMSHA 1999.
a) PREVIOUS to CMASHA POSITION OF MINE GENERAL MANAGER WAS NOT RECOGNISED and HAD NO SAFETY and HEATH OBLIGATIONS under COAL MINES ACT.
b) GENERAL MANAGERS were ISSUING DIRECTIONS to the MINE MANAGERS IMPACTING on SAFETY and HEALTH.
c) MINING COMPANIES/CORPORATIONS have crated CORPORATE POSITIONS/OFFICERS that ISSUE WRITTEN DIRECTIONS to SSE, Underground MINE MANAGER, VENTILATION OFFICER and other MANAGEMENT.
2) HOLDER and OPERATOR are LEGAL ENTITIES/COMPANIES not an INDIVIDUAL OFFICER of a MINING CORPORATION/COMPANY.
3) COAL MINING CORPORATIONS/COMPANIES (HOLDER and possibly OTHERS) HAVE CREATED POSITIONS/OFFICERS NOT CATERED FOR UNDER THE COAL MINING ACT (CMSHA 1999).
4) THIS SITUATION EXISTS with BHP/BMA COAL MINES as well as ANGLO.
5) BHP/BMA have created an ENTITY referred to as “THE ASSET” which issues WRITTEN MANDATES/REQUIREMENTS for PRODUCTION activities at least.
a) DEFINITION of ASSET; something having value, such as a possession or property, that is owned by a person, business, or organization.
b) AN “ASSET” is INANIMATE and UNTHINKING.
c) AN “ASSET” CANNOT OF ITSELF REQUIRE ANYTHING.
d) ONLY APPOINTED OFFICERS CAN ISSUE WRITTEN MANDATES or REQUIREMENTS
6) LOGICALLY “THE ASSET” HAS TO BE RELATED TO THE “HOLDER” as the HOLDER is defined under the CMSHA as.
holder, for a coal mine, means the holder under the Mineral Resources Act 1989 of an exploration permit, mineral development licence or mining lease for the coal mine.
7) THESE APPOINTED OFFICERS at BOTH ANGLO and BMA COAL ISSUE DIRECTIONS for PRODUCTION, MINE DESIGN and SAFETY.
8) IT IS NOT CLEAR WHERE THESE OFFICERS SIT IN THE CORPORATE STRUCTURES
EVIDENCE
1) ANGLO HAS CREATED CORPORATE POSTION of HEAD of UNDERGROUND OPERATIONS. This position was occupied continuously from at least 2014 by GLENN BRITTON.
a) Mr Britton was responsible CORPORATE OFFICER overseeing the construction and design of Grosvenor Mine.
b) The Grosvenor Mine SSE and all other Management Report to HEAD of UNDERGROUND OPERATIONS for all aspects of the Mines Operation including Safety.
c) HEAD of UNDERGROUND OPERATIONS notified of all HPI’s and is FINAL SIGN OFF for ACCEPTING LFI REPORTS for HPI’s. The HPI Investigation Reports are a requirement under the Qld Mining Legislation
4. BHP/BMA have created an ENTITY referred to as “THE ASSET” which issues WRITTEN MANDATES/REQUIREMENTS for PRODUCTION activities at least.
https://www.linkedin.com/in/elsabe-muller-676b63b/
Elsabe Muller Asset President of BHP Mitsui Coal (BMC)
https://www.linkedin.com/in/james-palmer-18814b18/
James Palmer Asset President – BMA (BHP Mitsubishi Alliance) at BHP
A leading executive of one of Australia’s largest resources companies has denied the mining giant has an internal mandate that puts production ahead of safety.
BHP Mitsubishi Alliance (BMA) asset president James Palmer said there was a risk some of the company’s employees might perceive they were required to prioritise the extraction of coal, but declared there was no formal mandate to that effect.
THERE IS A MANDATE TO KEEP TRUCKS RUNNING TO MEET PRODUCTION TARGETS
THERE IS AN ASSET REQUIREMENT TO HAVE THIS MANDATE.
MR PALMER IS THE ASSET PRESIDENT SO HAS EITHER WRITTEN or SIGNED OFF and COMMUNICATED THE MANDATE IN WRITING TO SITE MANAGEMENT from SSE DOWN
“There is mandate to keep trucks running to meet production targets.”
“There is an asset requirement to have this mandate.”
“Asset Level Document Operations Execution Mandate
BMA/BHP has created some sort of Entity outside the Coal Mining Act that by its own admission is issuing Directions to the Peak Downs Mine and therefore the SSE about how the PRODUCTION and Site Safety and Health Obligations are to be discharged.
Such Directions Include
“There is mandate to keep trucks running to meet production targets.”
“There is an asset requirement to have this mandate.”
Meaning of asset in English
something having value, such as a possession or property, that is owned by a person, business, or organization.
