WorkSafe has initiated the first three prosecutions for two fatalities involving mining companies under the Work Health and Safety Act 2020, which came into effect in March 2022
| Date: | Monday, 21 October 2024 |
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In the first two prosecutions, mine contractor MACA Mining Pty Ltd and mine operator Greenmount Resources Pty Ltd have been charged with failing to ensure, so far as reasonably practicable, the health and safety of workers while at work, resulting in the death of a worker.
WorkSafe will allege that in October 2022, a MACA Mining employee working at Greenmount Resources' Karlawinda mine, south-east of Newman, suffered fatal injuries when a dump truck collided with the utility vehicle he was parked in.
The maximum penalty for this offence is a $3.5 million fine, and the first mention will take place at Newman Magistrates Court on 10 December 2024.
In the third prosecution, RUC Mining Contractors Pty Ltd has been charged with failing to ensure the health and safety of workers and, by that failure, causing the death of one worker and exposing another worker to the risk of death or of injury or harm.
WorkSafe will allege that in October 2022, two employees of RUC Mining Contractors were working at the bottom of a ventilation shaft at the St Ives Underground Mine near Kambalda.
The workers were in the process of dismantling the head of a reamer cutting tool attached to a drill, which had been used to create the ventilation shaft.
One of the employees was killed when he was struck by falling rocks, and the other was knocked to the ground.
The maximum penalty for the first offence of causing death is $3.5 million while the maximum penalty for the second offence of exposure to a risk of death or injury or harm is $1.8 million.
The first mention will take place at Kalgoorlie Magistrates Court on 18 November 2024.
WorkSafe Commissioner Sally North said work health and safety laws now carry more serious penalties than the previous laws.
“All work related fatalities are unacceptable, and employers must comply with their obligations under work health and safety laws”, Ms North said.
"The consequences for not ensuring safe and healthy workplaces are now more serious than ever.
“I encourage all workplace leaders to regularly review their systems of work in consultation with workers to identify risks and ensure that controls are working as intended."
