Workplace safety to be improved by Mines Safety and Inspection Act amendments

25/8/04
The State Government has introduced amendments to the Mines Safety and Inspection Act 1994 (MSI Act) aimed at improving workplace safety in Western Australia's most important industry.
The amendments resulted from a statutory review of the MSI Act conducted by Robert Laing, a former Commissioner of the Australian Industrial Relations Commission. Mr Laing simultaneously conducted a review of the Occupational Safety and Health Act 1984 (OSH Act).
State Development Minister Clive Brown said the amendments were timely, given the current rapid expansion of WA's mining industry.
"While we are all excited at the growth of WA's mining industry in recent years, we must ensure that our number one goal is to have a mining industry with zero workplace fatalities," Mr Brown said.
"The Laing Review resulted in 61 recommendations aimed at improving workplace safety in the mining industry and the amendments I have introduced today will set new standards within the industry.
"The amendments are designed to give greater focus to workplace safety by strengthening the workplace administrative and consultative arrangements.
"Providing a safe workplace is a collective responsibility and the amendments ensure better scrutiny of any workplace hazards or procedures that may need to be improved."
The Minister said the amendments included a number of significant changes, which were:

• expansion of the general duties of care, largely to 'close the gaps', particularly with respect to the labour hire industry;

• more flexible processes for the election of safety and health representatives and the establishment of safety and health committees;

• introduction of the right of appropriately trained and accredited safety and health representatives to issue provisional improvement notices (PINs);

• the establishment of a Safety and Health Tribunal under the auspices of the WA Industrial Relations Commission, to hear designated matter that would be better dealt with by a tribunal; and

• a change to the penalty provisions to reflect the gravity of an offence that ended a person's life or caused injury. The amendments provided for imprisonment in cases involving serious harm or death where the breach constituted 'gross negligence'.