Young Jonathan: Underground Coal Mining Safety Bill — First ReadingText is incorporated into the Bound VolumeYoung Jonathan: Underground Coal Mining Safety Bill — First Reading[Sitting date: 03 June 2015. Volume:706;Page:4327. Text is incorporated into the Bound Volume.]JONATHAN YOUNG (National—New Plymouth): I just want to acknowledge the member from West Coast - Tasman Damien O’Connor and the support that he has offered his community during this very difficult time over this last number of years.Acknowledging the tragic loss and the gaps in the health and safety regime has been something that this Government and I am sure all New Zealanders have done with utter sincerity in respect of those who lost their lives and also in respect of those families of course who lost their loved ones. Mr O’Connor said in his opening remarks that in the early 2000s “they”—I assume he means the Government or the industry no doubt—began to see the failings in the health and safety regime in underground mining. I guess our response to that statement is that at that particular point in time his party was in Government. We would look not for retrospective criticism but for proactive action when people see those issues. Also one other point is that legislation is not necessarily the process to do the checks. I understand what the member is saying. The annual review of perhaps WorkSafe New Zealand—maybe he can sub on next time that happens—is the time I think when accounts can be asked for regarding the implementation of legislation that is being put in place to make our workplaces safer.We understand of course that on that tragic day 19 November 2010 31 miners and contractors were present in the mine. Two miners managed to walk from the mine and went to hospital with moderate injuries. They were released from Grey Base Hospital in Greymouth the next day. But the remaining 16 miners and 13 contractors sadly lost their lives. Immediately following that event days later in November 2010 the Prime Minister ordered a royal commission of inquiry led by Justice Graham Panckhurst. While Justice Panckhurst was performing this royal commission of inquiry the Government also commissioned a review of health and safety practices in New Zealand. From that we have this report The Report of the Independent Taskforce on Workplace Health and Safety: He Korowai Whakaruruhau which I have no doubt you are familiar with. That group was chaired by Rob Jager chairman of the Shell company here in New Zealand. It is an industry that is very very familiar with hazardous situations. Shell is a company that prides itself on having international best practice in that particular field and he was the right man for the job.Though initially the royal commission report was due to come back in March 2012 obviously we know it was a very extensive commission of inquiry and it finally came back on 3 October 2012 when Justice Panckhurst reported to the Attorney-General the Hon Chris Finlayson. Not long after that that report was made public—people obviously scrutinised it and on 5 November it was made public. The royal commission as the honourable member has said came up with 16 recommendations the second of which was this—it is in the bill that the member has presented to the House—“An effective regulatory framework for underground coal mining should be established urgently.”The commission did refer to Queensland and New South Wales framework examples as demonstrating international best practice. One of the commissioners on the royal commission was Stewart Bell who was the Queensland state Commissioner for Mine Safety and Health. And so it was important to bring that expertise over to New Zealand at that time as we underwent this commission of inquiry to look at the factors that led up to this tragedy that happened at Pike River.On 12 December 2012 the Government released its plan to implement all 16 of those recommendations and as I said before on April 2013 4 months later this report The Report of the Independent Taskforce on Workplace Health and Safety: He Korowai Whakaruruhau came out. One of the things I think that this report states is that New Zealand’s culture in workplace health and safety was very lacking. If we look at international figures—for example for 100000 of population—in the United Kingdom one worker per 100000 a year would lose their lives in the workplace. Here in New Zealand for that same 100000 population we would lose four in the workplace. So obviously we know there is something that is happening in New Zealand that needs addressing and it is attitudes it is culture and it is practices and behaviour. I believe that as wein this House in due course look at the Health and Safety Reform Bill we will be able to address some of those issues which will make New Zealand a safer place for people to work in and certainly to come home from their day of work and enjoy their families and their homes in.After this report which came out in April 2013 and also after the royal commission and the Government’s response to that came out a month later in May 2013 we saw two significant reports. They came from the Ministry of Business Innovation and Employment. One is this report I am holding—it is Safe mines: safe workers. It is the discussion document summary. Its subtitle is Implementing recommendations of the Royal Commission on the Pike River Coal Mine Tragedy. Some of the sections are: “Have your say”—not your say Mr Assistant Speaker but the people’s say—“We’re seeking your feedback” “A new regulatory approach” “Training and qualifications” “Worker participation” and “Emergency management”. So we see from the Pike River royal commission from the independent task force that some very I guess forensic work has been done into workplace activities and behaviours.Then 4 months later came the response to the submissions—this document from the Ministry of Business Innovation and Employment that I am holding Safe mines: safe workers—Response to Submissions. It reported that the ministry “received 113 submissions by the 1 July 2013 deadline”: “55 from quarry operators … 21 from mine operators … seven from individual mine workers six from mining contractors two from unions four from employer or industry organisations five from mining associations two from quarrying associations and two from tunnelling associations and nine from other industries interested parties and the public.” So we see that the Government has canvassed broadly and widely and has had some significant response in terms of what we should do regarding health and safety particularly for mining.The member’s bill was presented to the House 1 month later: the Underground Coal Mining Safety Bill under the name of Damien O’Connor. As he said for some time no doubt the bill had been in the ballot waiting to be drawn. We do understand his intent and his response to what happened in his part of the country and so we do just acknowledge that.I am sorry Mr Assistant Speaker if you think I am looking at notes but I am just reading out a chronology here that I think is important for the record. Then in December 2013 the Ministry of Business Innovation and Employment released a further document. Here it is—I am holding it here. It is Safe mines: safe workers—New laws on mining health and safety: A quick guide for mine operators. But what the ministry says in this is not to just rely on the guide but to go and read the legislation. I think what it is addressing is the fact that people do not delve deeply enough into the issues around health and safety. What it states here in the introduction—it says: “The Government has recently made changes to the laws concerning health and safety in the mining industry. This is in response” obviously “to the … Royal Commission” and the tragedy that obviously happened in Pike River and to the families there. It says: “The new legal requirements have been developed with help from an expert reference group of mining health and safety and regulatory experts from New Zealand and abroad. The Government has also worked closely with people in the industry”.As I conclude what I want to say is that the Government does care immensely about the safety of miners and workers and contractors and we have demonstrated that by passing sound legislation—