Latest example of Failure of Regulatory Oversight by RSHQ. The CEO of RSHQ is now just deleting without reading emails asking where is the missing Qld Coal Level 1 Emergency Exercise Annual Report for 2021.
My dealings with the most Senior RSHQ officers has reached a new low. and is the latest example of Failure of Regulatory Oversight by RSHQ.
Since the 11th of August, I have been attempting to find why the Qld Coal Level 1 Emergency Exercise Annual Report for 2021 has not been published by RSHQ as required; including by Recognised Standard 8 CONDUCT OF MINE EMERGENCY EXERCISES. https://www.rshq.qld.gov.au/__data/assets/pdf_file/0020/240374/recognised-standard-08.pdf
The CEO of RSHQ Mark Stone is now just deleting without even reading my emails asking him why the Emergency Exercise Report has not been published.
RSHQ cannot or just refuses to explain why
- It is not complying with the Requirements RSHQ is obligated in writing to perform under a legislated Recognised Standard. mandated under Coal Mining Safety Health Act (Recognised Standard 8 CONDUCT OF MINE EMERGENCY EXERCISES).
- The 2021 Level 1 Emergency Response Report has not been published by Officers of RSHQ as required.
- The Officer identified by the Commissioner of RSHQ as bearing responsibility (the CEO Mark Stone) for all the functions of RSHQ, refuses to answer in any form, even to acknowledge receipt of an email.
- Same Officer then Deletes without reading all emailed subsequent correspondence.
- All efforts to ascertain if the Commissioner for Mines Safety, the Chief Inspector of Coal Mines, and the Resource Minister “agree with and condone the actions of the CEO Mr Stone” have been ignored
There has been a Standard for Emergency Exercises since 1996 when the first Approved Standard for The Conduct of Emergency Procedures Exercises was approved by the Chief Inspector.
The first Level 1 Exercise was held at Southern Colliery on the 27th October 1998. The report was finalized by the 9th of November 1998 and then distributed Statewide.
1998-southern-colliery-mine-emergency-exercise-report
This came from the Windridge Moura No 2 Wardens Inquiry Report Recommendations and the work of the resulting Moura Recommendations Implementation Task Group 2 Report
This is version 3 approved in 1999 emerexv3
It includes the following sentence for Level 1 Exercise
A report detailing the pertinent outcomes of the audit will be disseminated to industry.
The current recognised standard was issued and then gazetted in 2009 under the authority of a previous Minister for Resources (or Mines and Energy as it was then titled).
https://www.rshq.qld.gov.au/__data/assets/pdf_file/0020/240374/recognised-standard-08.pdf
The wording has barely changed with the only other change being the title of the Committee Chairman
OBJECTIVES OF EMERGENCY EXERCISES
- Share the learning outcomes with industry.
Level 1 Audit Report Statewide
The functions of the Executive Committee Chairman would include:
- Reporting to the Chief Inspector
- Production of a report on the exercise and distribution to industry.
COMMISSIONERS RESPONSE 15th August 2022
I was informed by the Commissioner that “The RSHQ CEO is the head of the regulator and is responsible for its functions and all enquiries regarding the operation of the regulator should be addressed to RSHQ.”
Also I was informed
Under Recognised Standard 8, the Level 1 exercise is designed and organised by a State Emergency Exercise Executive Management Committee convened under the Chief Inspector of Coal Mines.
The State Emergency Exercise Executive Management Committee designs, organises, implements and audits the exercise. A responsibility of the executive committee chair is the production of a report on the exercise and its distribution to industry.
On the 15th of August I emailed Mark Stone the CEO of RSHQ forwarding the email from the Commissioner and directly asking Mr Stone the question as to why the Emergency Exercise Report was not yet published. I included the Chief Inspector and Minister in the email
On the 25th of August, after getting no reply (including read receipt) I sent a follow up email to CEO Stone. I included the Chief Inspector, Commissioner and Resources Minister
Mark;
Are you going to answer my query?
Surely the answer to why the Level 1 Emergency exercise report has not yet been published is not that difficult?
As the Commissioner has informed me, the matter is your responsibility and there is an obligation to do so.
Since it is your responsibility you have to know why it has not as yet been published.
I checked again this morning, the Report is still not there.
I received a deleted without being read receipt a few hours later from Mr Stones RSHQ email system several hours later.
Your message
To: Mark Stone
Subject: Fwd: RE: 2021 Level 1 Emergency Exercise Report still not published
Sent: Thursday, August 25, 2022 6:51:56 AM (UTC+10:00) Brisbane
was deleted without being read on Thursday , August 25, 2022 8:54:56 AM
I forwarded the email to all previous recipients asking Mr Stone whether my email being deleted was a mistake.
Again I received a deleted without being read notice
I then emailed the Qld Resource Minister, Commissioner RSHQ, and the Chief Inspector on the 25th of August
I am disappointed that it has got to the stage where the CEO of RSHQ Mark Stone is just deleting questions from the public about Mine Safety about something the Commissioner has identified as his responsibility.
If the situation is not addressed by 10am Friday the 26th of August 2022 with a positive correspondence in reply from Mr Stone, I will assume that you agree with and condone the actions of the CEO Mr Stone.
I have received no reply (including no read receipts) from any of the recipients except for
- another deleted without being read notice from CEO Stone
- an auto reply from the Resource Minister email stating my email had been received successfully etc etc
I have since tried texting and phoning the Commissioner Du Preez.
The Commissioner has not replied at all to any communications.
I phoned the Ministers office and was told the matter would likely be sent to RSHQ for them to deal with.
I made the obvious point that considering the complaint dealt with at least the CEO of RSHQ; referring it back to the RSHQ was not appropriate
I asked to speak to the adviser for Mining/Resource Safety and was told that was not possible. However they would be informed I had rung
I then got told that it would likely be up to 15 working days before getting a reply, stating any views of the Minister or what if any action he has taken.
I have not received any communication from Chief Inspector of Coal Mines Peter Newman about this matter even though he has been included in all the emails, and Commissioner Du Preez identified
Under Recognised Standard 8, the Level 1 exercise is designed and organised by a State Emergency Exercise Executive Management Committee convened under the Chief Inspector of Coal Mines.
In conclusion this is about as blatant a failure of the Regulatory Oversight as you can find.
RSHQ has not performed a legally mandate function they have been performing for well over 20 years.
When challenged the CEO at first just refuses to respond, then just deletes all further correspondence without even reading it.
No one else with Responsibility will make any comment
The Windridge Mining Warden Inquiry into the explosion at the Moura No. 2 Mine recommended –
“Emergency procedures should be exercised at each mine on a systematic basis, the minimum requirement being on an annual basis for each mine.
In 1996 the first Approved Standard for The Conduct of Emergency Procedures Exercises was approved by the Chief Inspector
Below is the Executive Summary of the Southern Colliery 1998 Emergency Exercise
Southern Colliery on the night of 26th – 27th October 1998 was no place for the untrained, the halfhearted or the dainty.
An emergency exercise was being conducted specifically designed to test not only internal and external emergency systems but further, to explore and test the physical and technical limits of the personnel involved.
It was not a competition, there were no correct solutions and it was deadly serious.
The exercise was timed to commence at 12.05am, specifically because
- there would be the least number of Duty Card personnel available
- historically, the least experienced (or junior) personnel work this shift
- the designated Incident Control Team personnel would be sleep deprived
- after hours call out procedures would be fully tested
On the surface
- a constant stream of alarms and sensor failures were instigated, in real time, over many hours
- an incessant deterioration of circumstance and increases in potentially catastrophic consequences
- all underground communications systems were destroyed inbye of the “event” area
- absolutely NO information was provided unless persons physically undertook the action that would provide that information
Underground
- persons had their visibility severely impaired through the use of “smoked glasses”
- all persons were required to wear self rescuers and could not talk
- they were forced to navigate unfamiliar areas of the mine for many hours whilst virtually blind
- they were required to walk long distances through extremely challenging conditions
- ANY mistake in an Emergency Breathing Apparatus changeover had lethal consequences
And, there was no respite.
There were no offers of “hints or solutions”, no “near enoughs”, no “taken as done”, not even offers of transport for exhausted crew members.
Given these parameters then, and the fact that this was the first full-scale test of the Self Escape philosophy conducted , it is understandable that the exercise produced such a high mortality rate.
Understandable yes, acceptable no.
This report contains detailed analysis of the strategies involved in the conduct of the exercise, together with the observations and findings of the Assessment Team.
I commend the report to you and request you view its material most seriously, and thoughtfully consider the application of the lessons learnt during this exercise for incorporation into your own enterprise.
Yours faithfully
Greg Rowan – Inspector of Mines (Coal)
CHAIRMAN : EMERGENCY EXERCISE MANAGEMENT COMMITTEE
