Industrial manslaughter to be enshrined in mining laws
Executives could face up to 20 years in jail if Queensland mine and quarry workers die because of criminal negligence.
Legislation introduced to Queensland’s parliament on 4 February creates the offence of industrial manslaughter, bringing resources workplaces in line with all other Queensland workplaces.
Queensland already has the toughest mine safety and health laws in the world, and the laws give the state’s 50,000 mine and quarry workers the same protections as other Queensland workers.
Under the proposed laws, senior officers of a mine or quarry company can be tried for industrial manslaughter if criminal negligence is proven for a workers death.
Maximum penalties range up to $13 million and 20 years’ jail.
The new laws are part of a suite of sweeping mine safety and health reforms.
Those reforms include:
- better detection and prevention of black lung, and an improved safety net for affected workers.
- increased maximum penalties for offences to $4 million and powers for the regulator to issue fines without going to court.
- statewide safety reset sessions for mine and quarry workers to refocus on health and safety
- $35 million to deliver reforms to improve the safety and health of our mine workers
- a commitment to tighter controls on mine dust levels
- legislation to be debated today to establish an independent resources health and safety authority.
- extra mines inspectors.
There has also been more than 49,000 chest x-rays to ILO (International Labour Organisation) standards, including more than 14,000 by Queensland based Lungscreen Australia.
Leading mine dust lung disease expert Dr Bob Cohen, from University of Illinois, Chicago, said the new health surveillance of coal miners makes Queensland “the envy of the world”.
“Coal miners and their families should feel comforted that miners’ health will be protected through a high quality medical surveillance system, that ensures disease is detected early and the risk of disease progressing to a severe and debilitating stage is thereby significantly reduced,” Dr Cohen said.
“Other jurisdictions including the United States, should strongly consider adopting these changes Queensland has led.”
The reforms are also the result of extensive consultation with the Queensland Resources Council, mining companies and unions.
The bill introduced today also strengthens measures to ensure taxpayers are not left with the costs of rehabilitating abandoned mines and better protections for vulnerable electricity customers.
The bill proposes reforms in line with the Palaszczuk Government’s financial assurance and mine rehabilitation reforms. The reforms are:
- more powers for government to scrutinise the financial capabilities of a resource authority holder when a mine changes hands
- enhanced scrutiny of mines that go into care and maintenance, in particular by requiring mineral mining lease holders to provide development plans
- broader powers for remediating abandoned mines, and where possible, commercialise these sites; and
- clear criteria to assess the suitability of companies and people to hold resource tenures, and exclude unsuitable applicants.
Proposed energy legislation changes would also place a permanent ban on unfair fees and charges for electricity users.
These changes will ban electricity retailers from charging standard contract customers in south east Queensland for late payment, choosing to receive a paper bill or making over-the-counter payments.
Often these customers are older persons or those who do not have access to the internet.
These changes will help vulnerable Queenslanders by stamping out burdensome fees and helping to keep electricity bills down.
Last updated 4 February 2020