New provisions will take effect in the Coal Mining Safety and Health Act 1999 (Qld) (the Act) from 25 November 2022 with respect to the appointment of persons to statutory positions at coal mines - often referred to as 'safety critical roles'.
The Changes
The amendments recently passed by Parliament in the Coal Mining Safety and Health and Other
Legislation Amendment Bill 2022 (Qld) (the
Bill) provide that a coal mine operator must not appoint a
person to certain statutory positions unless the person is an
employee of:
- the coal mine operator; or
- an associated entity of the coal mine (e.g. a subsidiary of a parent company); or
- an entity that employs or engages 80% or more of the coal mine workers at the coal mine.
The direct employee requirements will apply to persons appointed to the following positions:
- Site Senior Executive (although will not apply where only exploration activities are being carried out);
- Open-cut Examiner (is excluded from being an employee of an associated entity of the coal mine);
- Underground Mine Manager;
- Ventilation Officer.
The amendments also include new provisions for the appointment of persons to act in the above statutory positions where the substantive position holder has left the role or is temporarily absent.
Why have the changes come about and what do they mean
for coal mine operators?
The changes are designed to ensure statutory position
holders who have significant influence over the operations of the
coal mine are empowered to speak up and raise safety concerns
without fear of reprisal. This is based on the position that
persons who are employees of the coal mine operator feel more
secure and comfortable to do so than those who are engaged as
contractors. The under-reporting of safety incidents in the coal
mining industry was highlighted in the Brady Review conducted by Dr Sean Brady in
2019 and in the findings of the Queensland Coal Mining Board of
Inquiry in 2021. However, the Board of Inquiry in its Part II Report provided on 31 May 2021 did not
identify whether there were actual risks of reprisal, or whether
this was a perception not necessarily based in reality. Despite
this, it was observed that perception is as dangerous as reality
and therefore must be 'vigorously addressed' (see
paragraphs 11.187 to 11.189 of the Part II Report).
As such, whatever the reality is, the changes for employment of statutory position holders have been made and will come into force.
Coal mine operators in Queensland are encouraged to review their current arrangements for the appointment of persons to statutory positions. Such appointments made on or after 25 November 2022 will be subject to the new provisions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.