Level 3 Compliance Meeting April 2017. SSE Foulstone found guilty of giving instructions to statutory officials whilst not being in the possession of a statutory certificate of competency. Glenn Britton continues to argue
The investigation was conducted after an anonymous complaint was raised by a former member of the mine management had detailed several issues of SSE Foulstone giving instructions to statutory officials whilst not being in the possession of a statutory certificate of competency.
A thorough investigation of all these matters was conducted by Inspector Brennan which concluded with the findings that this could only be verified for one matter. The evidence for this matter indicated that a breach of section 60(6)of the Act;
Grosvenor Mine and how it was Managed are central to what has happened at Grosvenor leading up to May 2020 Methane Ignition causing serious burns to five Mine Workers.
Grosvenor Mine is the newest Underground Coal Mine in Queensland and is owned and Managed by Anglo Coal which are the largest Underground Coal Miner in Queensland simultaneously operating at least 3 or 4 underground coal mines since the 2000’s.
This use of the SHMS to try and give the SSE powers than allowed by the ACT and Regulations shows at least how little Mr Britton either understands the Mining Legislation or even Cares about what it says.
For a start, the SHMS cannot be used Legally to over-ride any of the Act or Regulations.
Secondly this is in Direct Contradiction of Section 60(6)of the Act;
The attached Mine Record Entry is Grosvenor Mine Level 3 Compliance Meeting.
“Complaint SSE giving directions to Statutory Officials while not being the holder of technical competencies issued on the 26th April 2017”
Issues to note
1) Complaint raised by a former member of Site Management
2) Investigated by Inspector Brennan, who found breach of Section 60 (6) of the Coal Mining Act
3) The investigation also revealed the use of a process in the Grosvenor mine Safety and Health Management System that authorised non- statutory personnel to issue technical directions to statutory personnel.
4) The continual disputing of the findings by Mr Glenn Britton, (Anglo Head of Underground Operations) on page 2.
5) Nothing indicates that the Inspectors demanded the withdrawal of “Grosvenor mine Safety and Health Management System that “authorized non- statutory personnel to issue technical directions to statutory personnel”
6) The MRE just says they have discussed the issue with the current SSE.
7) Nothing in the MRE indicates whether they investigated other Anglo Mines to see if similar illegal authorization exists and have it withdrawn.
8) There is nothing on the Mines Department website to indicate communication to industry of “the requirement for persons who do not hold a statutory certificate of competency not giving directions to a person holding a statutory certificate of competency in charge of an Explosion Risk Zone” as requested by Mr Britton.
This is one of the Mine Record Entries that falls outside the Ministerial Inquiry time frames for Grosvenor Mine
A level 3 compliance meeting was held in the Brisbane head office of the DNRM on the 26th April 2017 to deliver the findings of an investigation to a complaint raised about Mr Foulstone when he was the SSE at Grosvenor mine.
Deputy Chief Inspector Shaun Dobson chaired the meeting with the following persons in attendance:
Andrew Smith Principal Investigation Officer
Anglo America
Glenn Britton Head of Underground Operations
Adam Foulstone General Manager: Underground Projects
Deputy Chief Inspector Dobson opened the meeting and explained the findings of an investigation undertaken by Inspector Keith Brennan.
The investigation was conducted after an anonymous complaint was raised by a former member of the mine management had detailed several issues of SSE Foulstone giving instructions to statutory officials whilst not being in the possession of a statutory certificate of competency.
A thorough investigation of all these matters was conducted by Inspector Brennan which concluded with the findings that this could only be verified for one matter. The evidence for this matter indicated that a breach of section 60(6)of the Act;
60 Additional requirements for management of underground mines
(1) This section applies to an underground mine.
(6) A person must not give a direction to the underground mine manager about a technical matter in relation to the underground mine unless the person giving the direction is the holder of a first class certificate of competency for an underground coal mine.
The investigation also revealed the use of a process in the Grosvenor mine Safety and Health Management System that authorised non- statutory personnel to issue technical directions to statutory personnel.
The Inspectorate have determined that the use of this process is not in accordance with the intent of the Act and Regulations and should not be used.
This has already been discussed with the current SSE for Grosvenor mine.
Mr Britton questioned the reasoning for the use of this process and gave examples of how he believed it use was of appropriate for persons who hold technical qualifications that are at a higher AQF level than those required for an ERZ Controller.
He cited the case for a Geotechnical engineer and a Ventilation officer who conduct activities in an ERZ Controllers area of responsibility and may give directions upon the findings of their work within his district.
This was discussed using several different contexts of how this may be interpreted for various roles who have been authorised to give an ERZ Controller technical direction.
Although there are logical reasons as to why a person such as a Geotechnical engineer would inform the ERZ Controller to discharge his obligations under section 39 of the Act, the ERZ Controller must discharge his obligations under section 60(8) & (9) of the Act.
This process is flawed when persons who do not have a Deputy’s certificate of competency are giving technical instructions relating to work activities in an Explosion Risk Zone to an ERZ Controller who is in charge of that zone;
Mr Britton requested that the requirement for persons who do not hold a statutory certificate of competency not giving directions to a person holding a statutory certificate of competency in charge of an Explosion Risk Zone be communicated to industry.
