mARCH 2012 www.lawyer-monthly.com

Mining law UK

UK Coal Mining Ltd was recently ordered to pay £1.2 million in fines and costs for safety failings that cost the lives of four mineworkers in separate incidents at two collieries in the UK. Mining is a vast industry and with such dangers involved, is subject to strict regulatory guidelines. To find out more about this practice area and the legal implications that surround it, Lawyer Monthly speaks to Tristan Meears-white, partner in the regulatory team at leading business law firm, DwF, in Leeds.

Q

what are the common challenges faced by your clients when involved in Mining Law – e.g. too many/not enough restrictions, working conditions/strikes, poverty for workers etc.

Coal mining is a high risk undertaking and the range of major and other hazards in underground mines in Great Britain is no different from mines elsewhere. Major hazard issues clearly remain the main concerns for operators - fire, explosion, inrushes, major rock falls, transport through shafts and mass transport below ground being major hazard risks, largely confined to the premises.

One of the ongoing key challenges for the

industry is that regulation and structures were set up to deal with a large nationalised industry and adjusting to the much smaller sector size continues to present problems.

The regulatory context in which the

industry operates is complex and, in places, hugely out of date. For example, HSE remains integral to the granting of consents, approvals and exemptions for tasks which comprise normal operations, creating a formidable administrative burden. The prescriptive approach of the legislative framework creates a major problem for the industry and much of it pre-dates HASWA 1974 and takes little account of changes in the industry.

Basic training of miners is also a concern

as few higher educational institutes remain who provide mining-related training, and those that do tend not to be specifically

The reality is that it is almost impossible in any industry to ensure “compliance at all times”. However, it is leadership on health

geared to meeting the particular needs of deep coal mine employers. The dated regulations require the holders of certain coal mine posts to hold certificates which have been issued by HSE.

Q Q

How has/can your firm assist the client when such challenges arise?

DWF’s primary aim is to prevent our clients being prosecuted and to do so, we work to understand the industry and foster the relationship between our clients and ourselves and the regulator. When it is not possible to prevent prosecution we ensure that our client’s position is robustly defended, where necessary effecting changes in the application of the law. The team advised in key cases such as HTM and Porter which changed the interpretation of concepts such as reasonable practicability and risk, in addition recovering on average 90% of their costs – we believe our track record speaks for itself.

As you will know, UK Coal Mining Ltd had been ordered to pay £1.2 million in fines for breaches of health and safety regulations. How can mining companies ensure that they are compliant at all times?

and safety issues and driving a compliance culture into a business which is key to im- proving H&S performance. This culture comes from the top of any organisation and must have active employee engagement and effective management and training through each level of an organisation in order to build competence through those levels. There has to be an approach where even long established working practices are reviewed and re-considered so that occupational health improvements can be achieved – this also means that monitoring of health and safety KPIs must be enhanced and data analysed more effectively to develop and prioritise future improvements. LM

Contact Details: Legal Focus 81

Tristan Meears-white Partner, Regulatory – DWF LLP

DD: 0113 261 6123 Email: tristan.meears-white@dwf.co.uk