❓ A WA parliamentary question probes the Department of Mines and Petroleum's (DMP) oversight of KCGM's compliance with mine safety regulations regarding employee health assessments. The DMP admits to not actively auditing compliance due to workload prioritization and not keeping records.
AnsweredQoN 2390Legislative Council
QuestionView source ↗
I refer to the Superpit and Mount Charlotte operations managed by Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM) for Newmont and Barrick Gold and question on notice number 2195, 1 April 2010, and ask -
(1) Within the last 36 months has the Department of Mines and Petroleum (DMP) inspectorate had any concerns or identified non compliance at the above referred to operations with regulation 3.25 of the
Mines Safety and Inspection Regulations 1995
?
(2) If yes to (1), what were those concerns?
(3) Within the last 36 months has the DMP inspectorate considered prosecuting KCGM or the registered mine manager for non compliance with regulation 3.25 of the
Mines Safety and Inspection Regulations 1995
?
(4) If yes to (3), can why prosecution action was considered?
(5) Can the Minister state the rationale as to how the DMP inspectorate has been able at any given specific time within the last 36 months, to determine whether KCGM or the registered mine manager has been in compliance with regulation 3.25 of the
Mines Safety and Inspection Regulations 1995
?
(6) If no to (5), why not?
(7) Does the DMP inspectorate have the information readily available on files as evidence to be able to determine whether at any mine within Western Australia for any specific given period, the mine has complied with regulation 3.25 of the
Mines Safety and Inspection Regulations 1995
?
(8) If no to (7), why not?
(9) If yes to (7), how is this information collected and the veracity of the information checked?
(10) What is the specific monetary penalty that can be imposed under the
Mines Safety and Inspection Act Regulations 1995
on any mine or registered mine manager for each employee found to be in non compliance with regulation 3.25?
(1) Within the last 36 months has the Department of Mines and Petroleum (DMP) inspectorate had any concerns or identified non compliance at the above referred to operations with regulation 3.25 of the
Mines Safety and Inspection Regulations 1995
?
(2) If yes to (1), what were those concerns?
(3) Within the last 36 months has the DMP inspectorate considered prosecuting KCGM or the registered mine manager for non compliance with regulation 3.25 of the
Mines Safety and Inspection Regulations 1995
?
(4) If yes to (3), can why prosecution action was considered?
(5) Can the Minister state the rationale as to how the DMP inspectorate has been able at any given specific time within the last 36 months, to determine whether KCGM or the registered mine manager has been in compliance with regulation 3.25 of the
Mines Safety and Inspection Regulations 1995
?
(6) If no to (5), why not?
(7) Does the DMP inspectorate have the information readily available on files as evidence to be able to determine whether at any mine within Western Australia for any specific given period, the mine has complied with regulation 3.25 of the
Mines Safety and Inspection Regulations 1995
?
(8) If no to (7), why not?
(9) If yes to (7), how is this information collected and the veracity of the information checked?
(10) What is the specific monetary penalty that can be imposed under the
Mines Safety and Inspection Act Regulations 1995
on any mine or registered mine manager for each employee found to be in non compliance with regulation 3.25?
AnswerView source ↗
Answered
15 June 2010
Responded by
Minister for Mines and Petroleum
Response time
40 days
1. No
2. Not applicable
3. No
4. Not applicable
5. If required to do so, an inspector is able to obtain and cross reference lists of employees and health assessment records. Due to prioritisation of workload, regular audits of compliance with regulation 3.25 are not undertaken.
6. Not applicable
7. No
8. Such records are not kept by the Department nor does the legislation require that principal employers submit such records to the Department.
9. Not applicable
10. There is no penalty mandated by the Mines Safety and Inspection Regulations 1995 for a breach of regulation 3.25. However, by failing to comply with regulation 3.25 there is a breach of Section 75(1) of the Mines Safety and Inspection Act. This attracts a penalty of $6 250 for a person committing a subsequent offence and $62 500 for a corporation committing a subsequent offence.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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2. Not applicable
3. No
4. Not applicable
5. If required to do so, an inspector is able to obtain and cross reference lists of employees and health assessment records. Due to prioritisation of workload, regular audits of compliance with regulation 3.25 are not undertaken.
6. Not applicable
7. No
8. Such records are not kept by the Department nor does the legislation require that principal employers submit such records to the Department.
9. Not applicable
10. There is no penalty mandated by the Mines Safety and Inspection Regulations 1995 for a breach of regulation 3.25. However, by failing to comply with regulation 3.25 there is a breach of Section 75(1) of the Mines Safety and Inspection Act. This attracts a penalty of $6 250 for a person committing a subsequent offence and $62 500 for a corporation committing a subsequent offence.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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