How Safe is Safe Enough?- A Paper on Risk Management in the Mining Industry

This paper examines the interrelationship of conducting full risk assessments in the context of the coal mining industry and under the framework of the Health's Safety in Employment Act 1992. In the context of Occupational Health's Safety, Risk Management is a holistic management process that can be used by individuals working in all organisations and from all industries. The Australian New Zealand Standard 4360: 2004 defines a Risk as being; The chance of something happening that will have an impact on objectives. This definition is followed by several notes that include: a risk is often specified in terms of an event or circumstance and the consequences that may flow from it, risk is measured in terms of a combination of the consequences of an event and their likelihood, and risk may have a positive or negative impact. For the purposes of this paper, the above definition will be adopted. This paper examines the newly expanded approach of the fully documented risk management process in the New Zealand coal mining industry. This is done in the context of the coal mining regulations but more importantly by using the framework of the Health & Safety in Employment Act 1992. This legislation under Section 6 requires all employers to, Take all Practicable Steps to prevent harm coming to employees while at work and to others who might be at or in the vicinity of a workplace. When the term 'all practicable steps' is studied, one can clearly see that such steps should be the same steps taken that a prudent and reasonable person would have taken given the same type of circumstance. Due to the fact that in New Zealand parliament made statutes is administered by a Government Department, means that their breaches will be heard before a judge in the District Court. Under the Westminster System of Justice, a basic dictum of that court in matters relating the occupational health and safety is that a breach needs to be satisfied to a specific standard. That standard is, 'Beyond a reasonable Doubt'. One of the primary benefits of adopting a proactive approach to risk management is that if the industry were to adopt similar approaches, then this mythology could be seen as an industry standard. As such, the approach carries the same status in a court of law, as that of an Approved Code of Practice.