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 &
Safety in Employment Act 1992. In the context of Occupational Health &
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.