Industrial Manslaughter to be introduced for Queensland Resources Sector

WHO SHOULD READ THIS

• Resources industry stakeholders in coal and metalliferous mining, quarrying, petroleum and gas and those who deal with explosives in the Queensland resources industry.

WHAT YOU NEED TO KNOW

• In February 2020, Queensland Mines Minister introduced a Bill to create industrial manslaughter offences for the Queensland resources industry.

WHAT YOU NEED TO DO

• Queensland resources industry stakeholders need to be aware of the new proposed offences and review their work health and safety processes and procedures.

On 4 February 2020, Queensland Natural Resources, Mines and Energy Minister Dr Anthony Lynham introduced the Mineral and Energy Resources Legislation Amendment Bill 2020 (Bill) to the Queensland Legislative Assembly.  The Bill will amend legislation in the Queensland resources industry to create industrial manslaughter offences and make important changes to the engagement of senior statutory positions at mines.

Background

In October 2017, the Work Health and Safety and Other Legislation Amendment Act 2017 (Qld) (WHS Amendment Act) introduced industrial manslaughter offences in Queensland.  The introduction of the offences was in response to the recommendations of the Best Practice Review of Work Health and Safety in Queensland.  The Review followed the separate multiple fatalities at Eagle Farm Racecourse and the Dreamworld Theme Park in 2016. The WHS Amendment Act made it an offence for a person conducting a business or undertaking or a senior officer to negligently cause the death of a worker.  At the time of introducing the WHS Amendment Act, the Queensland Government decided against introducing similar provisions in the State’s resources safety legislation, opting instead for further consultation with industry and stakeholders.

In November 2018, the Queensland Department of Natural Resources, Mines and Energy released a discussion paper inviting consultation on the introduction of industrial manslaughter offences in the Queensland resources industry.  The calls for industrial manslaughter offences intensified in July 2019 after a Joint Communique called for a safety reset across Queensland mines and quarries following multiple deaths.  In the past 18 months there have been eight deaths at Queensland mines and quarries, including the recent fatality at the Coronado Global Resources’ Curragh coal mine on 12 January 2020.

Introduction of Industrial Manslaughter Offences in the Resources Industry

The key amendment introduced by the Bill is an offence of industrial manslaughter in the:

• Coal Mining Safety and Health Act 1999 (Qld);
• Explosives Act 1999 (Qld);
• Mining and Quarrying Safety and Health Act 1999 (Qld); and
• Petroleum and Gas (Production and Safety) Act 2004 (Qld).

For mines, the offence occurs for an employer or senior officer at a mine where:

• a mine worker dies in the course of undertaking work or is injured and later dies;
• the employer or senior officer’s conduct causes the death; and
• the employer or senior officer is negligent about causing the death.

An employer is a person who employs or otherwise engages a mine worker in relation to operations at the mine. Importantly, the employer of a mine worker can be a contractor or service provider to the mine. 
 
The offence provisions in the gas industry apply for employers for an operating plant or gas work in respect of workers involved in carrying out work at operating plant or at a place where gas work is carried out.
 
A senior officer of an employer is an executive officer of the corporation, or the holder of an executive position in relation to the employer who makes or takes part in decisions affecting an employer’s function.  Depending on the corporate structure of the mine, there may be scope for a range of individuals in upper management positions to be captured by the senior officer definition.  The provisions as currently drafted would not exclude the possibility of site senior executives being senior officers.
 
The maximum penalty for an individual is 20 years imprisonment and for a body corporate is a fine of over $13 million. 
 
Other amendments in the Bill will require individuals appointed to statutory roles for coal mining operations – namely site senior executives, ventilation officers and underground or surface mine managers – to be employees of the coal mine operator.  Currently, those individuals may be employees of a contractor or service provider to the coal mine operator.  Where those roles are currently filled by contractors there will be a 12 month period allowed to make the transition.

The Bill was referred to the State Development, Natural Resources and Agricultural Industry Development Committee.  No time has been given for the Committee to report back to Parliament, but it can be reasonably expected that the legislation will return to the house before the State election in October 2020.

If the Bill passes in its current form, it will create significant potential liability for employers and senior officers in the Queensland resources industry.  In light of these changes, we strongly advise businesses to review existing work health and safety processes and procedures to ensure compliance.

Access the Bill here.

McCullough Robertson is hosting a seminar to discuss the Bill on 27 February 2020. Further details are listed below. Please click the RSVP button to register your attendance. For further information on any of the issues raised in this alert please contact the below authors.

Seminar: Industrial Manslaughter Offences to be introduced for Queensland Resources Sector

Date: Thursday 27 February 2020
Time: 8.00am – 9.00am (registration from 7.45am)
Location: McCullough Robertson Level 11/ 66 Eagle St, Brisbane, QLD 
RSVPs due: Monday 24 February 2020
Enquiries: Monique Metos, Business Development Manager
 +61 7 3233 8554, mmetos@mccullough.com.au

This publication covers legal and technical issues in a general way. It is not designed to express opinions on specific cases. It is intended for information purposes only and should not be regarded as legal advice. Further advice should be obtained before taking action on any issue dealt with in this publication.