Changes in Legislative Approach - The Implications for the Mining Industry

The mining industry was one of the first to be directly regulated by legislation in the 19th century when British public opinion was mobilised by reformers seeking social change. In the next wave of mining safety legislation, account was taken of technological advances in the industry, but again, the amendments were in large measure driven by public expectations following a series of disastrous mining accidents with great loss of life. The result was the prescriptive and detailed type of regulation that has, to a great extent, remained with and become a way of life in the mining industry of today. In 1970, the then British Government appointed Lord Robens, a former Chairman of the National Coal Board, to head a Committee of Inquiry to consider the arrangements then in place for preserving the safety and health of people at work and to consider and make recommendations on the need for change in the legislation governing such matters. The result was the 1972 report Safety and Health at Work which, in turn, resulted in the Health and Safety at Work etc Act 1974 (UK). This Act, which embodied the now familiar concepts of consultation with the workforce on matters relating to health and safety and the statutory application of the previously existing Common Law concept of the duty of care, became the model for much occupational health and safety legislation in many places around the world, including the various States of Australia. As a result of the `Robens style' of legislation, the regulators of the mining industry have had the opportunity to become less prescriptive and to introduce an `enabling' style in their statutes. This has not always been welcomed by the industry which has, to some extent, missed the comfort of knowing exactly what is required of it in order to ensure compliance with the legislation while appreciating the `self-regulatory' opportunities that the new style of regulation offered.