Prosecutions undertaken- Summary of Prosecutions

The information below is a summary of penalties for prosecutions undertaken under the Mines Safety and Inspection Act 1994 by the Department of Mines, Industry Regulation and Safety and its predecessors since 2004, that have resulted in a conviction.

Avoca Mining Pty Ltd (ACN 108547217)

Accused: Avoca Mining Pty Ltd (ACN 108547217)

Incident Date: 05 May 2015

Mine Site: Higginsville Gold 6. Mine

Charge(s):

1. Regulation 52(2) of the Dangerous Goods Safety (Explosives) Regulations 2007
2. Regulation 52(3) of the Dangerous Goods Safety (Explosives) Regulations 2007
3. Regulation 52(2) of the Dangerous Goods Safety (Explosives) Regulations 2007
4. Regulation 92(3) of the Dangerous Goods Safety (Explosives) Regulations 2007
5. Regulation 182(1) of the Dangerous Goods Safety (Explosives) Regulations 2007
6. Regulation 23(2)(b) of the Dangerous Goods Safety (Explosives) Regulations 2007

Summary:

Charge 2 and charge 6 were discontinued by the prosecution.

The Accused held an explosives storage licence that authorised the company to store explosives at the Higginsville Gold Operations ("'HGO').

On 5 May 2015, the explosives stored in the underground magazine at the Trident underground magazine were not secure from unexplained loss. 

Inventories kept for places to which its Licence related were deficient. Explosives were frequently removed from those locations without times being recorded, with either company names recorded in place of individual names, or no names at all recorded for  the  receipt of explosives; and incorrect or missing  quantities  of  explosives recorded after receipt or dispatch of explosives.

Records provided by the Accused indicate that as at 5 May 2015, the inventories kept for places to which the Licence related evidenced serious discrepancies.

A condition of the licence was that the licence holder obey the explosives management plan which relates to that licence. The explosives management plan required for a magazine register to be kept. No magazine register was kept by the Accused until after 5 May 2015.

Conviction Date: 15 June 2017

Plea: Guilty Plea

Penalty: $20,000

Mincor Operations Pty Ltd (ACN 094 977 321)

Accused: Mincor Operations Pty Ltd (ACN 094 977 321)

Incident Date: 12 April 2015

Mine Site: Miitel Nickel Mine

Charge(s): Mines Safety and Inspection Act 1994, section 9(1) and 9A(3)

Summary:

On 2 April 2015, a surveyor was reversing a ute down an underground access tunnel towards an open stope. The surveyor was on his way to conduct a cavity monitoring survey to determine the dimensions of the stope. While reversing the ute, he was looking for an “open stope below” sign which he believed to be approximately 30 – 50m from the edge, where he intended to stop and set up the survey equipment. The surveyor reversed the rear wheels of the ute over the edge of the stope.  He avoided plummeting into the stope by applying the brakes until he was rescued by fellow workers.  The fall from the lip of the stope was 19 metres.

At the time of the Incident there was no adequate system of work in place in relation to the placement of signs near open stopes in single entrance headings and there was no bund secured at the edge of the open stope. A bund would have prevented the surveyor reversing over the edge, and it was a practicable engineering control measure that would have prevented the Incident.

Conviction Date: 25 August 2017

Plea: Guilty

Penalty: $65,000

Northern Star Resources Limited (ACN 092 832 892)

Accused: Northern Star Resources Limited (ACN 092 832 892)

Incident Date:16 November 2015

Mine Site: Paulsens Gold Mine

Charge(s): Mines Safety and Inspection Act 1994, section 13 and 13A(2)

Summary:

An underground jumbo’s off-sider, Mr Perttula, collapsed while working on a development heading approximately 900m below ground. He later died of heat stroke/exhaustion.
Northern Star admitted that it had failed to maintain the ventilation system in the mine, had not taken measurements to determine the conditions of the working environment before work commenced and failed to enforce procedures for the modification or stop of work in excessive heat and humidity.

The Magistrate noted in sentencing that Northern Star was aware of the hazard and of the serious consequences which might flow from exposure to extreme heat. He found that the exposure arose in the ordinary course of operations and arose across the entire workings of the mine. He noted that the ventilation system was not properly maintained, nor were Northern Star’s own policies regarding heat adequately implemented. The hazard that caused the fatality was well known, serious, preventable, and arose in the ordinary course of Northern Star’s operations. In imposing the penalty, the Magistrate also took into account that Northern Star pleaded guilty at an early stage, cooperated, expressed remorse, and improved safety procedures following the incident. A discount of 25 per cent was given for the plea of guilty at the earliest opportunity.

Conviction Date: 29 June 2017

Plea: Guilty Plea

Penalty: $90,000

Westdrill Pty Ltd (ACN 126 602 837) As Trustee for the Westdrill Drilling Trust

Accused: Westdrill Pty Ltd (ACN 126 602 837) As Trustee for the Westdrill Drilling Trust

Incident Date: 4 February 2015

Mine Site: Iron Valley Mine

Charge(s): Mines Safety and Inspection Regulations 1995 (WA), r4.13(1)(b)

Summary:

Breach of Regulation 4.13(1)(b):

On 4 November 2014, Mr Purnell commenced employment with the Accused as a trainee Mobile Manufacturing Unit (MMU) operator.

On 4 February 2015, Mr Purnell drove an MMU without supervision down a ramp at the Mine and he lost full control of the vehicle and was unable to slow the MMU down by using the brakes. Mr Purnell steered the MMU into an offside windrow to slow the vehicle down and bring it to a stop. No one was injured and no damage was caused.

Mr Purnell had not been assessed by the Accused as competent to operate an MMU at the Mine without supervision.

The accused pleaded guilty to a failure to ensure that its employee, Mr Purnell, was assessed before commencing work at the mine, to ensure he was competent to perform the task of operating a MMU.

Conviction Date: 18 May 2017

Plea: Guilty

Penalty: $5,000

Westdrill Pty Ltd (ACN 126 602 837) As Trustee for the Westdrill Drilling Trust

Accused: Westdrill Pty Ltd (ACN 126 602 837) As Trustee for the Westdrill Drilling Trust

Incident Date: 2 January 2015

Mine Site: Iron Valley Mine

Charge(s): Mines Safety and Inspection Regulations 1995 (WA), r6.22(b)

Summary:

Breach of Regulation 6.22(b)

The Accused undertook drill and blasting services at the Mine.

On 2 January 2015, a Mobile Manufacturing Unit (MMU) had a flat tyre. While it was being reversed into the workshop, the second in charge Drill Supervisor (‘2IC’) heard air escaping from the MMU. He inspected the vehicle and found that a rubber diaphragm in a box behind the cab of the vehicle had split causing the air to leak. The split diaphragm was a “brake regulator diaphragm” which sat within the quick release valve and was part of the air brake system on the MMU.

The 2IC did not know what the split diaphragm was but proceeded to make a replacement diaphragm by cutting a piece of rubber into the shape of the split diaphragm and replacing it in the quick release valve.  He was not qualified to competently repair or modify the brakes.

The Accused pleaded guilty to a failure to ensure that inspection and repair to the brakes on a Mobile Manufacturing Unit was carried out by a competent person.

Conviction Date: 18 May 2017

Plea: Guilty

Penalty: $5,000

FQM Australia Nickel Pty Ltd (ACN 135 761 465)

Accused: FQM Australia Nickel Pty Ltd (ACN 135 761 465)

Incident Date: 14 December 2014

Mine Site: Ravensthorpe Nickel Mine

Charge(s): Mines Safety and Inspection Act 1994, section 13(A)(3)

Summary:

A tank, which was part of the Atmospheric Leach Plant at the Mine, ruptured and collapsed during operation and released approximately 2 million litres of slurry containing 1.58% free sulphuric acid at 101.35°C.  The wave of slurry destroyed the tank, moved infrastructure, and dismounted transformers, cutting electrical supply. Three employees inside a utilities control room situated 40 – 50 metres behind the tank, escaped without injury.

The internal lining of the tank had failed and holes were identified in the tank wall in work lists dated 30 September 2014, 26 November 2014 and an ongoing work order. The holes remained unrepaired for at least 2.5 months. Slurry escaped and travelled down the outer steel shell corroding the outer steel shell and as a result, the tank ruptured. The escape of the slurry posed the risk of burn injuries and/or the potential for injury or death by impact of equipment or plant moved by the slurry.

The accused pleaded guilty to failing to take the following practicable measures:

Failing to inspect and/or test the atmospheric leach tank in such manner as would have determined the extent to which its condition had been impaired.

Failing to ensure that the atmospheric each tank was maintained n such condition that it was not susceptible to rupture during operation.

Conviction Date: 9 December 2016

Plea: Guilty Plea

Penalty: $40,000

DKMSPP Pty Ltd (ACN 093 318 613)

Accused: DKMSPP Pty Ltd  (ACN 093 318 613)

Incident Date: 11 July 2012

Mine Site: Newmont Boddington Gold Mine

Charge(s): Mines Safety and Inspection Act 2004, s. 12(2)(b) and s.12A(2).

Summary:

Mr Mostert was working as part of a day shift crew conducting the reline of Ball Mill 3.  That work involved the removal of old liners and their replacement with new ones.

Liners were knocked in from outside the ball mill but two liners remained stuck.  These were to be removed from inside the ball mill.

None of the safe work procedures specifically addressed the removal of stuck liners. The Job Safety Analysis that was prepared did not articulate specifically step-by-step the procedure required to remove the unsecured liners and specifically identify the hazard or the controls necessary to ensure a worker did not work or stand in close proximity to unsecured liners and there were no specific physical or mechanical aids provided that eliminated exposure to the hazard.

Mr Mostert was working under and next to the unsecured liners when the top unsecured liner fell on Mr Mostert resulting in significant crush injuries.

The accused pleaded guilty to Charge 1 (CO564/2015) on the basis of the following particulars:

The hazard was unsecured shell liner plates falling from inside the ball mill shell while workers were in the ball mill in proximity to the unsecured liners.

The system of work being operated by the Accused was the relining of Ball Mill 3 at the Mine, including removing shell liners from the ball mill.

The practicable measure the Accused failed to take on 11 July 2012 was to ensure Francois George Mostert did not work or stand in close proximity to an unsecured shell liner on the inside of the ball mill shell.

The serious harm caused bodily injury to Francois George Mostert of such a nature as to endanger life.

Conviction Date: 23 December 2016

Plea: Guilty Plea

Penalty: $65,000

Nifty Copper Pty Ltd (ACN 074 145 636)

Accused: Nifty Copper Pty Ltd (ACN 074 145 636)

Incident Date: 11 May 2015

Mine Site: Nifty Copper Mine

Charge(s): Mines Safety and Inspection Act 1994, section 9(1) and 9A(2)

Summary:

An underground bogger operator, Mr Hardaker, was killed during bogging operations at a stope draw point. The stope is blasted to produce a pile of ore that rills into the access drive where it is collected by a bogger. The rill of ore is piled up against the roof (backs) of the access drive (the brow).

The brow was open at the time, there was a gap between the backs and the rill allowing any rocks falling from the stope to roll out and into the access drive. Mr Hardaker was struck by a rock that fell from the stope onto the rill.  There was insufficient protection bunding and Mr Hardaker was outside of his machine.

Nifty Copper admitted that it had failed to prohibit workers at the mine from being on foot in close proximity to any stope opening, without a safety bund being in place. The hazard of falling rocks was obvious, significant and well known. The practicable measure available was a simple one, and the breach was serious. A discount of 25 per cent was given for the plea of guilty at the earliest opportunity.

Conviction Date: 7 November 2016

Plea: Guilty Plea

Penalty: $60,000

Rod Mitchell’s Transport and Exploration Services (ACN 008 907 122)

Accused: X O W Nominees Pty Ltd as trustee for the Rod Mitchell Family Trust t/as Rod Mitchell’s Transport and Exploration Services (ACN 008 907 122)

Incident Date: 20 January 2015

Mine Site: Woodie Woodie Manganese Mine

Charge(s): Mine Safety and Inspection Act 1994, section 9(1) and 9A(2)

Summary:

The fatality occurred when a fitter, Mr Kitching who was employed by the Accused, was attempting to remove a belly plate from a Komatsu 275 dozer to clean out mud that had accumulated there and was causing the dozer to overheat.  The belly plate fell and crushed Mr Kitching. The dozer was being used to clear land in preparation for exploration activities. 
 
The Accused was sentenced on the basis that it had failed to enforce a system so that damage to the belly plate was reported and communicated to employees and that it had failed to implement a safe system of work for the removal of the belly plate. The sentencing magistrate also found that the level of supervision provided by the Accused was a factor which raised the risk of a serious problem arising and so increased the seriousness of the offence.

Conviction Date: 15 September 2016

Plea: Guilty Plea

Penalty: $110,000

Evolution Mining (Mungari) Pty Ltd (ACN 002 124 745)

Accused: Evolution Mining (Mungari) Pty Ltd (ACN 002 124 745)

Incident Date: 20 March 2013

Mine Site: Frog’s Leg Gold Mine

Charge(s): Mines Safety and Inspection Act 1994, section 9(1) and 9A(2)

Summary:

Mr Wydra was seriously injured whilst servicing the booms of a Jumbo drill rig, underground at the La Mancha Resources Australia Frog’s Leg gold mine. While he was greasing the boom on the Jumbo, drill rocks fell onto him, resulting in multiple crush injuries.
 
Mr Wydra was exposed to extreme danger because the Jumbo was parked so that he was working in front of the last row of fully installed ground support.  He was working under unsupported ground.  He was not adequately trained and did not understand where it was safe, and not safe, to stand when working underground.

Conviction Date: 21 October 2016

Plea: Guilty Plea

Penalty: $95,000

Mesa West Pty Ltd (ACN 118 431 173)

Accused: Mesa West Pty Ltd (ACN 118 431 173)

Incident Date: 29 December 2013

Mine Site: Maintenance workshop at Christmas Creek Mine

Charge(s): Mines Safety and Inspection Act 1994, s9(1) and 9A(3)

Summary:

Mr Zuvela was killed and Mr Reid was seriously injured at the Global Surface Mining maintenance workshop at Christmas Creek Mine. 

The two workers were installing a cab in a surface mining machine after a rebuild. The cab has a mass of about 2.5 tonnes and was suspended from an overhead crane.  Contrary to safe work practice, both workers were positioned in the path of the cab as it swung down.

A failure occurred in the rigging arrangement between the cab and the overhead crane.  There was no detailed safe work procedure for the cab installation.

MesaWest failed to provide a safe work environment by failing to take reasonable steps to develop a specific procedure for the Task, or in the absence of a specific procedure, to ensure that employees would conduct a JHA, or sign on to an existing JHA approved by a supervisor.

Conviction Date: 17 May 2016

Plea: Guilty Plea

Penalty: $20,000

Exact Mining Services Pty Ltd (ACN 080 117 291)

Accused: Exact Mining Services Pty Ltd (ACN 080 117 291)

Incident Date: 4 December 2013

Mine Site: Telfer Gold Mine Tailings Storage Facility

Charge(s): Mines Safety and Inspection Act 1994, section 9(1) and 9A(2)

Summary:

Mr Hampton was killed when he was crushed by a section of polyethylene pipe at a tailings storage facility at the Telfer Gold Mine on 4 December 2013.

Mr Hampton and a co-worker were working on one end of a 60 metre long pipe, while the other end was being moved by an industrial forklift.

The pipe close to the edge of the tailings dam wall began to slide down the wall, striking Mr Hampton's co-worker and trapping Mr Hampton against the ground.

Conviction Date: 24 February 2016

Plea: Guilty Plea

Penalty: $130,000

BTP Equipment Pty Ltd (ACN 128 386 201)

Accused: BTP Equipment Pty Ltd  (ACN 128 386 201)

Incident Date: 24 December 2010

Mine Site: Cloudbreak mine site

Charge(s): Mines Safety and Inspection Act 1994, section 9(1) and 9A(2)

Summary:

Mr Torre was employed as a mechanical fitter at AMS maintenance operations (now BTP Equipment Pty Ltd).

Mr Torre was killed while working to service a “strut and spindle” component of a dump truck.  He was struck by a round metal “end” piece which was ejected from the component under high pressure and at high velocity from stored energy.  There were no immediate witnesses to the incident other than a number of employees working nearby at the time.

Just prior to the incident, a number of other employees had performed servicing work on the component using procedures which did not comply with Original Equipment Manufacturer (OEM) guidelines for the servicing of the relevant component.

Conviction Date: 4 December 2015

Plea: Guilty Plea

Penalty: $195,000

Pilbara Iron Company (Services) Pty Ltd (ACN 107 210 248)

Accused: Pilbara Iron Company (Services) Pty Ltd  (ACN 107 210 248)

Incident Date: 16 August 2011

Mine Site: Brockman 2 mine site

Charge(s): Mines Safety and Inspection Act 1994, section 9(1) and 9A(3)

Summary:

Mr Glew, a fitter died whilst replacing a tilt cylinder on a Caterpillar wheel loader in the mine’s mobile equipment maintenance workshop.  The cylinder was being suspended by a chain and sling when it fell on Mr Glew who was working in a team of three. There were no witnesses to the event. It was not clear why he worked under the suspended load.

The materials used to suspend the cylinder were not appropriate.  None of those involved in the work had the appropriate rigging qualifications required for a job such as this nor were they properly certified for high risk work.

Conviction Date: 22 October 2015

Plea: Guilty Plea

Penalty: $70,000

Crushing Services International Pty Ltd (ACN 069 303 377)

Accused: Crushing Services International Pty Ltd (ACN 069 303 377)

Incident Date: 9/11/2013

Mine Site: Wodgina

Charge(s): Mine Safety and Inspection Act 1994, section 9(1) and 9A(3)

Summary:

There was an arc-flash incident at the crushing facility at the Wodgina mine, which occurred when a 415v cable broke away while an electrician was attempting to diagnose and repair a fault in an electrical equipment cubicle.

The failures which caused the electrician to be exposed to the hazard of arc-flash were that:

  1. The electrical cubicle had no barrier preventing contact with live terminals;
  2. There was no proper maintenance of the electrical equipment;
  3. There were no procedures drawing attention to the isolation required;
  4. There was no appropriate electrical supervision; and
  5. There was no enforcement of a safety system.

Conviction Date: 20/07/2016 - Convicted

Plea: Guilty Plea

Penalty: $60,000

Process Minerals International Pty Ltd (ACN: 063 988 894)

Accused: Process Minerals International Pty Ltd (ACN: 063 988 894)

Incident Date: 25 October 2012

Mine Site: Woodie Woodie Tailings Treatment Plant

Charges: Charge 1 - Section 13 and 13A(3) Mines Safety and Inspection Act 1994, Charge 2 – Section 13(1) and 13A(2) Mines Safety and Inspection Act 1994

Summary:   

On 31 October 2012 Mr Garcia was injured when he fell from on top of a load of pipes being unloaded from a truck at the Woodie Woodie tailings processing plant.  He was involved in rigging the pipes (which weighed over 1 tonne each) from the back of truck.  He was attaching slings to each pipe prior to it being lifted by a crane.  He was struck in the abdomen by a pipe as it was being raised from the truck and was thrown backwards falling approx. 4 metres, breaking his arm and suffering severe bruising to his back and hip.  The principal employer at the mine was Process Minerals International Pty Ltd and they had engaged Mr Garcia to perform the task. The same task had been conducted in the same way 6 days earlier on 25 October 2012 but had not resulted in any injury on that occasion.

There was no appropriate procedure in place for this type of task, and no proper risk assessment (job hazard analysis) done.  The site did not have the appropriate equipment for the safe unloading of trucks. There are safe methods available for this type of activity and other sites have procedures for similar tasks.

Conviction Date: 2 October 2015

Plea: Guilty Plea

Penalty: $35,000 for charge 1 and $55,000 for charge 2. Total of $90,000

Mount Gibson Mining Limited (ACN 074 575 885)

Accused: Mount Gibson Mining Limited (ACN 074 575 885)

Incident Date: 04/10/2013

Mine Site: Extension Hill Hematite Mine in the Shire of Dalwallinu

Charge(s): Mines Safety and Inspection Act 1994, Section 9(1) & 9A(3)

Summary:
Working at height is a well-known hazard and Mt Gibson Mining failed to ensure measures were in place to control the hazard. A worker was inspecting a discharge chute 2.8m above ground without fall arrest equipment, when he was injured. Mt Gibson Mining had appropriate procedures but failed to ensure they were implemented and enforced. Mt Gibson Mining was charged with failing to ensure a safe working environment, but not with causing the injury.

Conviction Date: 27/07/2015 - Convicted

Plea: Guilty Plea

Penalty: $30,000

Crushing Services International Pty Ltd (ACN 069 303 377)

Accused: Crushing Services International Pty Ltd (ACN 069 303 377)

Incident Date: 14/08/2013

Mine Site: Christmas Creek

Charge(s): Mine Safety and Inspection Act 1994, section 9(1) and 9A(2)

Summary:
On 14 August 2013, Mr Williams an electrician employed by the Accused was killed as a result of being crushed between a moving, automated ladder and an electrical termination box at an iron ore processing facility.

Conviction Date: 20/10/2014 - Convicted

Plea: Guilty Plea

Penalty: $115,000

KARARA MINING LTD (ACN 070871831

Accused: KARARA MINING LTD (ACN 070871831)

Incident Date: 25/05/2013

Mine Site: Karara Iron Ore Project, approx. 220km east of Geraldton

Charge(s): Mines Safety and Inspection Act 1994 - Section 9(1) & 9A(2)

Summary:
A team of workers were attempting to jack apart a screen box using an Enerpac Jack abutting a scaffold bar. The scaffold bar was under high pressure. It struck and seriously injured Mr Martino as it was not securely attached to the jack. A job step hazard and control analysis (JHA) was developed that did not address the use of an Enerpac and a scaff tube. Site requirements for JHA’s were not enforced. The tools were not designed for that purpose, the Enerpac was not used in accordance with OEM instructions. Three workers entered the box without a confined space permit. The offending was serious but was mitigated by the very early plea (for which a discount of 25% was given), cooperation, and the absence of prior convictions. His Honour noted that the penalty had to send a message to other employers that Safety is Paramount.

Conviction Date: 6 August 2015 - Convicted

Plea: Guilty Plea

Penalty: $40,000

Agnew Gold Mining Company Pty Ltd (ACN 098 385 883)

Accused: Agnew Gold Mining Company Pty Ltd (ACN 098 385 883)

Incident Date: 10/01/2012

Mine Site: Waroonga underground gold mine, near Leinster

Charge(s): Charge 1: Mines Safety and Inspection Act 1994 - Section 9(1) & 9A(2); Charge 2: Mines Safety and Inspection Act 1994 - Section 15A, 9(1) & 9A(2)

Summary:
On 10 January 2012, Mr McKAY, Mr BIRCH and Mr TERRY were seriously injured by toppling sheets of mesh. The hazard of the upright stacking of mesh was foreseeable and obvious, the accused had inadequate risk identification, work systems, training and supervision. The offending was serious but was mitigated by the very early plea (a discount of 25%), cooperation during the investigation and prosecution, and the absence of prior or subsequent incidents.

Conviction Date: 28/04/2015

Plea: Guilty Plea

Penalty: $75,000

Etschmann Engineering Pty Ltd (ACN 073 821 762)

Accused: Etschmann Engineering Pty Ltd (ACN 073 821 762)

Incident Date: 15/11/2010

Mine Site: Karara

Charge(s): Mines Safety and Inspection Regulations 1995, Regulation 6.33(b)

Summary:
Etschmann Engineering Pty Ltd were responsible for the structural engineering design of an 80t luffing jib crane and were engaged to design the crane in compliance with the applicable Australian Standard. The crane was built in accordance with the structural design specifications. Once installed on site the crane was tested, and the jib of the crane buckled and collapsed. Nobody was injured. Etschmann Engineering Pty Ltd had failed to ensure that the crane was designed in accordance with the required Australian Standards, such that the jib could not support the intended maximum load.
- Sentence Remarks

Conviction Date: 29/01/2015 - Convicted

Plea: Guilty Plea

Penalty: $16,000

 

Central Norseman Gold Corporation Limited (ACN 005 482 860)

Accused: Central Norseman Gold Corporation Limited (ACN 005 482 860)

Incident Date: 05/08/2010

Mine Site: OK Decline near Norseman

Charge(s): Mines Safety and Inspection Act 1994, Section 9(1) and 9A(3)

Summary:
Mr Ponce died at the scene from a fall whilst removing ladders from an escape rise. Mr Ponce was not wearing fall arrest equipment and there was no procedure for the removal of ladders explicitly requiring it. The company was charged with having an unsafe work environment - it was not charged with causing Mr Ponce's death.

Conviction Date: 27/02/2013 - Convicted

Plea: Guilty Plea

Penalty: $15,000

Alcoa World Alumina (ACN 004 879 298)

Accused: Alcoa World Alumina (ACN 004 879 298)

Incident Date: 02/09/2009

Mine Site: Wagerup Refinery

Charge(s): Mines Safety and Inspection Act 1994, section 9(1) & 9A(3)

Summary:
Mr Fry was in a small team using high pressure cleaning equipment to clean the inside of a flash tank, when he accessed an open man hole and accidentally fell into the flash tank to the ground 25-30 metres below. Alcoa was convicted for having an unsafe work environment - it was not charged with causing Mr Fry's death. (In related Federal Court proceedings in February 2012 Transpacific Industrial Solutions Pty Ltd breached the OSH Act and were fined $170,500).

Conviction Date: 7/11/2014 Convicted

Plea: Guilty Plea

Penalty: $68,000

Barrick (Kalgoorlie) Limited (ACN 009 712 092)

Accused: Barrick (Kalgoorlie) Limited (ACN 009 712 092)

Incident Date: 06/08/2009

Mine Site: Kanowna Belle underground gold mine

Charge(s): Mines Safety and Inspection Act 1994, Section 9(1) and 9A(2) Summary: Mr Williams was installing a cover on a grizzly and fell through to the broken rock in the ore pass 25m below. He died as a result of the fall.

Conviction Date: 22/02/2011 - Convicted

Plea: Guilty Plea

Penalty: $140,000

Kalgoorlie Consolidated Gold Mines Pty Ltd (ACN 009 377 619)

Accused: Kalgoorlie Consolidated Gold Mines Pty Ltd (ACN 009 377 619)

Incident Date: 06/01/2009

Mine Site: Fimiston Open Pit

Charge(s): Mines Safety and Inspection Act 1994, Charge 1 - Section 9(1) and 9A (3), Charge 2 - 38(3) and 38(5).

Summary:
(1) On 6 January 2009 Ms Mitchell who was employed as a haul truck driver at the Super Pit was cleaning the external windscreen of the truck and fell 3.1 metres to the ground below. She died of her injuries the following day. The company was charged with failure to provide a safe work environment, but not with causing her death. (2) The principal employer failed to appoint an eligible person to act as Deputy Quarry Manager during 30 December 2008 to 7 January 2009.

Conviction Date: 03/08/2010 - Convicted

Plea: Guilty Plea

Penalty: $2,000 and $4,000

Carpenter Mine Management Pty Ltd (ACN 106 053 703)

Accused: Carpenter Mine Management Pty Ltd (ACN 106 053 703)

Incident Date: 23/10/2008

Mine Site: Ewington Trial Char Plant

Charge(s): Mines Safety and Inspection Act 1994, Section 9(1) and 9A(2).

Summary:
Mr Eames, a fitter, sustained burns to the upper part of his body and head when an explosion occurred at the Ewington Trial Char Plant.

Conviction Date: 20/08/2013 - Convicted

Plea: Guilty Plea

Penalty: $100,000

HWE Newman Services Pty Limited now known as BHP Billiton IO Services Pty Ltd (ACN 117 136 053)

Accused: HWE Newman Services Pty Limited now known as BHP Billiton IO Services Pty Ltd (ACN 117 136 053)

Incident Date: 25/08/2008

Mine Site: Yandi Mine

Charge(s): Mines Safety and Inspection Act 1994 Section 9(1) and 9A(2)

Summary:
Mr Sparkes, a Mobile Maintenance Supervisor was fatally injured while assembling and inflating a heavy earth mover tyre for a Caterpillar 789 Dump Truck.

Conviction Date: 24/10/2013 - Convicted

Plea: Guilty Plea

Penalty: $136,000

BHP Billiton Iron Ore Pty Ltd (ACN 008 700 981)

Accused: BHP Billiton Iron Ore Pty Ltd (ACN 008 700 981)

Incident Date: 25/08/2008

Mine Site: Yandi Mine

Charge(s): Mines Safety and Inspection Act 1994 Section 9(1) and 9A(2)

Summary:
Mr Sparkes, a Mobile Maintenance Supervisor was fatally injured while assembling and inflating a heavy earth mover tyre for a Caterpillar 789 Dump Truck.

Conviction Date: 24/10/2013 - Convicted

Plea: Guilty Plea

Penalty: $102,000

BHP Billiton Iron Ore Pty Ltd (ACN 008 700 981)

Accused: BHP Billiton Iron Ore Pty Ltd (ACN 008 700 981)

Incident Date: 29/07/2008

Mine Site: Nelson Point Rail Operation Locomotive Overhaul Workshop, Port Hedland

Charge(s): Mines Safety and Inspection Act 1994, Section 9(1) & 9A(3)

Summary:
Mr McLaughlin was fatally injured whilst attempting to repair a non mobile scissor lift hoist, alone. The platform dropped onto Mr McLaughlin causing fatal crush injuries. The Appeal Court found that BHPBIO’s failures did not cause the death.

- Reasons for Conviction
- Reasons for Sentence

Conviction Date: Appeal against conviction allowed in part, resentenced 28/07/2014

Plea: Not Guilty and Convicted after trial

Penalty: $60,000

Yarnell Pty Ltd (ACN 009 218 446)

Accused: Yarnell Pty Ltd (ACN 009 218 446)

Incident Date: 12/08/2007

Mine Site: Ravensthorpe Nickel Operations

Charge(s): Mines Safety and Inspection Act 1994, Section 9(1) and 9A(2)

Summary:
Mr McCoy was installing guard rails using a self- propelled pile driver. The operator of the machine moved the machine forward and it ran over Mr McCoy's foot and leg, causing crush injuries.

Conviction Date: 15/12/2010 - Convicted

Plea: Guilty Plea

Penalty: $20,000

Redmond Drilling Pty Ltd (ACN 009 256 106)

Accused: Redmond Drilling Pty Ltd (ACN 009 256 106)

Incident Date: 30/03/2007

Mine Site: Exploration north of Kalgoorlie

Charge(s): Mines Safety and Inspection Act 94 Section 9(1) and 9A(2)

Summary:
A drilling crew were attempting to clear a blockage by a blowback procedure. Mr Opden-Akker died from the impact and blast injuries sustained from the wearbend and sample hose breaking away under pressure. The known risk of equipment failure should have been controlled by appropriate restraing devices.

Conviction Date: 10/05/2010 - Convicted

Plea: Guilty Plea

Penalty: $130,000

Jetcrete Australia Pty Ltd (ACN 063 199 299)

Accused: Jetcrete Australia Pty Ltd (ACN 063 199 299)

Incident Date: 27/03/2007

Mine Site: Telfer Mine

Charge(s): Mines Safety and Inspection Regulations 1995, Regulation 10.37

Summary:
A loaded concrete agitator truck was descending a decline in the Telfer underground mine. The Truck collided with the side wall of the decline. A mechanical inspection of the truck identified a deficiency in the speedometer of the truck, although this did not cause nor contribute to the accident.

Conviction Date: 31/03/2011 - Convicted

Plea: Guilty Plea

Penalty: $3,000

Kalgoorlie Consolidated Gold Mines Pty Ltd (ACN 009 377 619)

Accused: Kalgoorlie Consolidated Gold Mines Pty Ltd (ACN 009 377 619)

Incident Date: 14/02/2006

Mine Site: Fimiston Open Pit Mine

Charge(s): Mines Safety and Inspection Act 1994, Section 9(1) and 9A(2)

Summary:
Mr Harris drove a tray-back truck into overhanging pipes on the back of a parked maintenance truck at the Ausdrill workshop area at KCGM operations in Kalgoorlie. He died from injuries on 16 February 2006.
- Supreme court decision

Conviction Date: Appeals conviction and sentence delivered 24/09/2010

Plea: Not Guilty and Convicted after trialPenalty: $ 100,000

 

Ausdrill Limited (ACN 009 211 474)

Accused: Ausdrill Limited (ACN 009 211 474)

Incident Date: 14/02/2006

Mine Site: Fimiston Open Pit Mine

Charge(s): Mines Safety and Inspection Act 1994, Section 9(1) and 9A(2)

Summary:
Mr Harris drove a tray-back truck into overhanging pipes on the back of a parked maintenance truck at the Ausdrill workshop area at KCGM operations in Kalgoorlie. He died from injuries on 16 February 2006.

-Supreme court decision

Conviction Date: Convicted 30/1/2009. Sentence Appeal delivered 16/10/2009 Plea: Guilty PleaPenalty: $ 130,000

 

BHP Billiton Nickel West Pty Ltd (ACN 004 184 598)

Accused: BHP Billiton Nickel West Pty Ltd (ACN 004 184 598)

Incident Date: 03/02/2006

Mine Site: Perseverance Mine near Leinster

Charge(s): Mines Safety and Inspection Act 1994, Section 9(1) and 9A(2)

Summary:
Mr Quinn was attempting to assemble an impact cannon to fire an explosive projectile at a blocked ore pass. The projectile exploded in the barrel of the cannon. Mr Quinn was killed by the blast.

Conviction Date: 07/09/2007 - Convicted

Plea: Guilty Plea

Penalty: $ 50,000

BHP Billiton Direct Reduced Iron Pty Ltd

Accused: BHP Billiton Direct Reduced Iron Pty Ltd

Incident Date: 19/05/2004

Mine Site: Boodarie Iron hot briquette iron plant near Port Hedland Boodarie Iron Direct Reduced Iron Plant

Charge(s): Mines Safety and Inspection Act 1994 Section 9(8)

Summary:
An explosion in a reactor of the Boodarie Iron direct reduced iron plant resulted in injuries to a number of employees on the night shift of 19/20 May 2004. Mr Wadley died from his injuries. Two of the other employees, Mr Holden and Mr Black suffered serious injuries. The Court fined the company $100,000 for the unsafe work environment causing the death and $50,000 in respect of causing injuries to the two workers.

Conviction Date: 13/06/2006 - Convicted

Plea: Guilty Plea

Penalty:
$ 100,000
$ 50,000
$ 50,000