Prosecutions undertaken - Summary of Prosecutions

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

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

Accused: AMEC Services Pty. Ltd. (A.C.N. 009 190 023)

Incident Date: 13 November 2015

Mine Site: Alcoa Kwinana Alumina Refinery

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

Summary:  On 13 November 2015, a boilermaker employed by AMEC Services Pty Ltd, was removing a vortex breaker from inside the bottom cone of a thickening tank. He was working underneath the vortex breaker during the removal work.  The vortex breaker was attached to the thickening tank by four welded pipe sections. The employee partially cut the pipe sections and then attempted to remove one of the sections entirely by hitting it with a hammer.  The pipe section dislodged and the vortex breaker came down and pinned his head against the inside of the thickener tank. He remained trapped for 2 hours, and suffered caustic burns to his face, limbs and back as a result of caustic residue that escaped from the pipe sections when they were cut.

Conviction Date: 13 July 2018

Plea: Guilty

Penalty: $40,000

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

 

 

Accused: Avoca Mining Pty Ltd (ACN 108 547 217)

Incident Date: 6 February 2015

Mine Site: Higginsville Gold Operation

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

Summary:      

On 6 February 2015, Production Coordinator Mr Taylor was injured when he was struck by a jib attachment on an integrated tool carrier, also known as an IT.

Mr Taylor and the IT operator had been attempting to manually extend the jib but a build-up of material prevented the jib from extending properly.

In an attempt to remove the material, the IT operator elevated the jib attachment so that it was hanging on an almost vertical angle. The IT operator began to gently shake the jib in an upward/downward motion so that the material would fall out. To assist in the process, Mr Taylor tapped the end of the jib with a sledge hammer.  Mr Taylor walked between the jib and the IT whilst the jib was being shaken in an elevated position. As Mr Taylor walked between the jib and the IT, the 322kg jib detached and struck his upper torso.
Mr Taylor sustained fractured ribs and compression fractures to two vertebrae.

Conviction Date: 22 May 2018

Plea: Guilty Plea

Penalty: $35,000

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

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

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

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

Incident Date: 27 January 2016

Mine Site: Yandi Mine, Newman

Charge(s): Sections13 and 13A(3) of the Mines Safety and Inspection Act 1994

Summary:

On 27 January 2016, a Linfox road train driver, was transporting fuel from Port Hedland to a BHP mine north-west of Newman. Due to flooding the access road had been closed with a barrier of cones, which had subsequently been removed. The employee did not see the extent of the damage across the road surface in time to stop the road train. He decided he had no option except to continue to drive at about 60 kilometres an hour over the uneven surface, causing the truck cabin to bounce and shake. As he impacted the prime mover bounced up and down with force, causing items inside the cabin to fly around and he was tossed up and down in his seat causing a compression fracture to his spinal vertebrae.

The company pleaded guilty at an early opportunity.

Conviction Date: 26 September 2019

Plea: Guilty

Penalty: $50,000

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

 

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

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

Accused: Billabong Gold Pty Ltd (ACN: 613 900 922)

Incident Date: 28 April 2020

Mine Site: Plutonic Gold Mine approx. 150 kilometres from Meekatharra

Charge(s): Sections 9(1), 9A(2) and 15B of the Mines Safety and Inspection Act 1994

Summary: On 28 April 2020, two machine operators were working to change a loader bucket. The workers were inside the bucket and operating a hydraulic ram to insert a large pin. There was a loud bang and tooling from the configuration was ejected under pressure from the hydraulic ram. Both operators were both struck resulting in one operator suffering serious facial fractures and the other operator suffered a laceration to his forehead. Billabong Gold Pty Ltd had a safe work procedure (SWP) for the task. However, the SWP was manifestly inadequate because it failed to identify hazards associated with the task, the equipment and tools required for the task, and a process for installing the pins. The workers improvised an ad hoc configuration using a hydraulic ram. A job hazard analysis for the task was not completed and there was a lack of training and supervision resulting in a situation in which the workers exposed to a high risk of serious injury.

Billabong Gold Pty LTD pleaded guilty and accepted responsibility for the incident.

Conviction date: 20 September 2023

Plea: Guilty Plea

Penalty: $550,000

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

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

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

Incident Date: 26 July 2016

Mine Site: Phoenix Processing Plant, Norseman

Charge(s): Sections 9(1), 9A(2), 15B & 15C of the Mines Safety and Inspection Act 1994

Summary:

An employee of CNGC was fatally crushed on 26 July 2016 while attempting to remove a rake shaft from a gantry bridge. He had been tasked with removing the rake shaft, however, the bridge structure had been corroded to such an extent that the bridge was being supported by the rake shaft and it collapsed on the employee causing fatal injuries.

CGNC could have implemented a system of work which involved a structural integrity review before any structural changes were made to the plant or equipment.

Conviction Date: 26 July 2019

Plea: Guilty

Penalty: $150,000

 

 

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

Incident Date: 15 February 2014

Mine Site: Harlequin Gold Mine

Charge(s):

Mines Safety and Inspection Act 1994, sections 9(1) and 9A(2)

Summary:

On 15 February 2014, Mr Fowlie was killed by falling rock while he was working underground at the Harlequin Gold Mine.

Mr Fowlie had been assigned to remove ore rock, using a bogger, from around the face of the 203 East drive, which had been blasted the previous day. At some stage he dismounted from the bogger, apparently to remove some loose rock from the tunnel face. His body was discovered, about six metres back from the tunnel face, buried under a several tonnes of rock which had fallen on him. Mr Fowlie died of serious crush injuries and asphyxiation resulting from the rockfall.

The accused admitted that it had committed an offence by failing to ensure that adequate ground controls had been installed in the drive and that, if they had been installed, the rockfall that killed Mr Fowlie would not have occurred. In particular, an insufficient number of rock bolts had been used to support the rock near the face of the drive where the conditions for rock stability were poor.

The accused also admitted that it had failed to implement an adequate geotechnical programme for the purpose of ensuring that ground controls in the drive were competently reviewed and adapted to changing ground conditions.

Conviction Date: 28 February 2018

Plea: Guilty Plea

Penalty: $140,000

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

Accused: Chichester Metals Pty Ltd (ACN 109 264 262)

Incident Date: 13 September 2014

Mine Site: Cloudbreak Mine

Charge(s): Sections 9(1), 9A(3) and 15A of the Mines Safety and Inspection Act 1994

Summary:

On 13 September 2014 an employee of Rema Tip Top, was injured when struck by the hook of a come-a-long during the changing of a return roller on a conveyor belt system at Cloudbreak Mine.

The registered principal employer at the Mine was Chichester Metals Pty Ltd. Chichester had overall control and supervision of the mine and the mining operations.

Chichester failed to ensure that the workers were provided with adequate supervision when changing the return roller, including by means of a job hazard analysis, or otherwise ensuring works were carried out safely, including an instruction never to back-hook a come-along not designed to be back-hooked.

While the company had systems of safety in place and the injured worker was a qualified dogger, there was a lack of training for the task of changing a return roller. Chichester was not charged with causing serious injury. The company pleaded guilty at an early opportunity.

Conviction Date: 15 March 2019

Plea: Guilty

Penalty: $64,000

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

Incident Date: 9/11/2013

Mine Site: Wodgina

Charge(s): Mines 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

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

Incident Date: 14/08/2013

Mine Site: Christmas Creek

Charge(s): Mines 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

 

 

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 Mr 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 Mr Mostert of such a nature as to endanger life.

Conviction Date: 23 December 2016

Plea: Guilty Plea

Penalty: $65,000

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

 

 

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

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

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

Accused: Hanson Construction Materials Pty Ltd

Incident Date: 20 June 2019

Site: Red Hill Quarry, Gidgegannup

Charge(s): Section 9A(3) of the Mines Inspection and Safety Act 1994 (WA)

Summary: On 20 June 2019 a haul truck fell approximately 15m off the edge of a road in an open pit mine. The operator of the haul truck suffered fatal injuries. The Offender had taken some measures to address the hazard of the 15m drop off the edge at the quarry through the construction of windrows, albeit those windrows were not consistently constructed to industry standard. Following the incident, the offender significantly increased the height of the windrows on the 195 bench and improved the composition of the windrow. The offender was convicted of having an unsafe work environment - it was not charged with causing the drivers death.

Conviction date: 15 June 2023

Plea: Guilty

Penalty: $130,000

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

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

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

 

 

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

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

Accused: Karara Mining Ltd (ACN 070 871 831)

Incident Date: 3 August 2015

Mine Site: The Karara Iron Ore Project

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

Summary:
A 120 tonne capacity gantry crane was driven into an Elevated Work Platform (EWP) with two of Karara’s electricians working in the basket 12m high. The electricians were shaken, but escaped without injury. They were not thrown from the basket, and managed to lower it to the first floor of the building. There was no communication between any of the different workgroups operating in the area. The crane was remotely operated and the operator was out of sight of where the base travelled on the rail.

The accused had a detailed set of written procedures, but it failed to ensure that workers on that day adhered to written procedures. Each of the three workers directly involved in the incident failed to comply with their written hazard control processes. The crane operator did not check the area around the crane, the two electricians didn’t use a spotter or barricades.

After the incident, a fixed barrier was erected around the rail.

The company entered a plea of guilty at the first opportunity and received a 25% reduction from the head sentence of $60,000, with further reduction for other mitigating features (to $40,000).

Conviction Date: 13 February 2019

Plea: Guilty

Penalty: $40,000

Accused: Karara Mining Limited (A.C.N. 070 871 831)

Incident Date: 21 January 2019

Mine Site: Karara Mine, approx. 200km East of Geraldton and 320km North of Perth, WA

Charge(s): Sections 9(1) and 9A(2) of the Mines Safety and Inspection Act 1994

Summary: On 21 January 2019 a process operator at the Karara Mine processing plant was tasked with hosing off the upper proximity sensor on a dart value which was one of three dart valves that controlled the flow for the tailings filter feed tanks. The process operator put his hand into the unguarded section at the top of an adjacent dart value which spontaneously operated to open and trapping his hand. It was practicable for the Offender to have taken the following measures: Installed physical guarding preventing access to the danger point while the dart valve was operating; and labelled each of the dart valves such that any person nearby was able to identify each one from any other and ensured that employees all used the terminology on the particular label to identify each dart valve.

This is Karara Mining Ltd’s third offence of the Mines Safety and Inspection Act 1994.

Conviction date: 6 December 2022

Plea: Guilty Plea

Penalty: $120,000

Accused: Limestone Building Blocks Company Pty Ltd (ACN 009 252 608)

Incident Date: 25 January 2017

Mine Site: The Limestone Building Blocks Company Site, Nowergup

Charge(s):

Mines Safety and Inspection Act 1994, sections 9(1) and 9A(2)

Summary:

On 25 January 2017, Mr Smith, a labourer employed by LBBC, was seriously injured at the Plant when he became entangled in the machinery of a block-making machine.

Mr Smith had entered the block-making machine through the gate of a guard mounted on one side of it, in order to attempt to extract a large lump of dry limestone aggregate from the feed tray of the machine. At the time, the block-making machine was set to operate in automatic mode. As Mr Smith entered it, a part of his body triggered a sensor that caused the machinery to perform a block-making cycle while he was trapped inside.

During the Incident, Mr Smith’s right foot was severed above the ankle, and he sustained fractures to his spine, pelvis, ribs and left leg and internal organ damage.

The accused admitted that it had failed to maintain an adequate system of ensuring that the machinery inside the guards of the Block Machine did not operate while any person was working inside them. A reasonably practicable method of doing so would have been to maintain the Captive Key Interlock Safety System described in the manufacturer’s Operation and Parts Manual for the Block Machine. That system specified the issue of a single key that could be used either to switch on the hydraulics that powered the machinery, or to open the guards, but not both at the same time.

The accused conceded that maintaining such a system would have prevented the incident that injured Mr Smith.

Conviction Date: 16 February 2018

Plea: Guilty Plea

Penalty: $65,000

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

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

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

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

Incident Date: 30 October 2019

Mine Site: Nifty Copper Underground Mine

Charge(s): Sections 13 and 13A(3) of the Mines Safety and Inspection Act 1994

Summary: On 30 October 2019, two inexperienced employees were undertaking paste runner duties, when they have entered an exclusion zone. The paste wall has failed and a large wave of paste has come over the bund into the exclusion zone, engulfing the two employees up to their waists in paste. The employees managed to climb up a mesh wall for safety as they were unable to outrun the paste.

Conviction date: 26 May 2023

Plea: Guilty

Penalty: $165,000

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

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

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

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

Accused: Rema Tip Top Material Processing WA Pty Ltd (ACN 124 473 918)

Incident Date: 13 September 2014

Mine Site: Cloudbreak Mine

Charge(s): Sections 9(1) and 9A(2) of the Mines Safety and Inspection Act 1994

Summary:  

On 13 September 2014 an employee of Rema Tip Top, was seriously injured when struck by the hook of a come-a-long during the changing of a return roller on a conveyor belt system at Cloudbreak Mine. As a result of being struck in the face by the hook on the come-a-long, the worker suffered a broken jaw and damaged teeth. These injuries require long term chronic pain suppressant.

Rema Tip Top was engaged at the mine to undertake maintenance services including conveyor system maintenance.

Rema Tip Top failed to adequately instruct workers on how to replace the return roller. In particular, it failed to instruct never to back-hook a come-along and on how to replace a return roller, including how to safely lift the conveyor belt. It did not provide adequate supervision, by means of a job hazard analysis, or ensuring that workers were monitored by a competent person to ensure that the work was carried out safely.

While the company had systems of safety in place and the injured worker was a qualified dogger, there was a lack of training for the task of changing a return roller. The company pleaded guilty at an early opportunity.

Conviction Date: 15 March 2019

Plea: Guilty

Penalty: $112,000

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): Mines 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

Accused: Silver Lake Resources Limited (A.C.N. 108 779 782)

Incident Date: 17 April 2014

Mine Site: Tuckabianna Processing Plant

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

Summary:  

On 17 April 2014 at the Tuckabianna Processing Plant, approximately 25km south-east of Cue a boilermaker was seriously injured while conducting maintenance on a jaw crusher. As part of regular maintenance, the jaw crusher’s liners are periodically replaced. It was while trying to fit the liners that one of them fell. The liners weighed between 1.8 and 2.3 tonnes. The workers were having difficulty fitting the liner into position. A piece of timber was used as a wedge to hold the liner in what they thought was the correct position.  While the liner had not yet been bolted in, the victim believed it was sufficiently imbedded in its inclined position that it could not fall forward.  It was after the timber wedge was removed in order to start positioning the next jaw liner that the first liner fell and injured the victim. The victim suffered extensive injuries as a result.

Conviction Date: 12 February 2019

Plea: Guilty

Penalty: $58,000

Accused: South32 Worsley Alumina Pty Ltd (formerly BHP Billiton Worsley Alumina Pty Ltd) (A.C.N. 008 905 155)

Incident Date: 29 September 2014

Mine Site: Worsley Alumina Refinery

Charge(s): Mines Safety and Inspection Act 1994, sections 9 & 9A (2)

Summary: 

On 29 September 2014 two Electricians were deployed to check the outer doors of a lift at ground level of the Refinery’s Powerhouse as they were not closing and the lift could not be operated. The Electricians bypassed the safety circuit to get the lift to override the fault and allow them to move the lift. One of the Electricians travelled down in the lift to check if the doors on the ground floor were still open, while the other Electrician remained in the control room at the top of the lift. It is not known what the Electrician was doing just prior to his death, however he was found deceased, having been crushed between the lift car and the lift shaft.

The Magistrate was particularly concerned with the failure of the company to enforce safety procedures, describing the safety system as so fractured as to not really be a system at all.

Conviction Date: 31 October 2018

Plea: Guilty

Penalty: $65,000

Accused: Three Rivers Drilling Pty Ltd (ACN:607 124 194)

Incident Date: 29 July 2019

Mine Site: Mt Mulgine Exploration site

Charge(s): Sections 9(1) and 9A(2) of the Mines Safety and Inspection Act 1994

Summary:

The victim was working as a driller’s offsider involved in exploration drilling as an employee of Three Rivers Drilling which had been contracted by Tungsten Mining. A drill rod had become stuck in the ground. An excavator supplied and operated by a specialist contractor engaged by Tungsten Mining was brought to the site to remove the rod. The excavator dug around the rod and applied pressure to it, causing the rod to snap. The victim was struck on the head either by the broken part of the drill rod before it landed on the ground or by the excavator bucket and he suffered significant injuries. Three Rivers Drilling did not take the reasonably practicable steps of conducting a Job Safety Analysis before attempting to remove the stuck drill rod using the excavator and implementing an exclusion zone around the excavator.

Conviction date: 25 January 2023

Sentenced date: 22 May 2023

Plea: Guilty

Penalty: $300,000

Accused: Tungsten Mining NL (ACN: 152 084 403)

Incident Date: 29 July 2019

Mine Site: Mt Mulgine Exploration site

Charge(s): Sections 9(1) and 9A(2)   of the Mines Safety and Inspection Act 1994

Summary:

The victim was working as a driller’s offsider involved in exploration drilling as an employee of Three Rivers Drilling which had been contracted by Tungsten Mining. A drill rod had become stuck in the ground. An excavator supplied and operated by a specialist contractor engaged by Tungsten Mining was brought to the site to remove the rod. The excavator dug around the rod and applied pressure to it, causing the rod to snap. The victim was struck on the head either by the broken part of the drill rod before it landed on the ground or by the excavator bucket and he suffered significant injuries. Tungsten Mining did not take the reasonably practicable steps of ensuring that a Job Safety Analysis was conducted before the attempt to remove the stuck drill rod using the excavator and ensuring that an exclusion zone was implemented around the excavator.

Conviction date: 14 October 2022

Sentenced date: 22 May 2023

Plea: Guilty

Penalty: $300,000

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

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

Accused: Wingstar Investments Pty Ltd

Incident Date: 15 November 2019

Site: Dangerous Goods site at Bulong Road Kalgoorlie

Charge(s): Regulation 78(4)(a) Dangerous Goods Safety (Storage and Handling of Non-Explosives) Regulations 2007.

Summary: On or about 15 November 2019, Wingstar Investments Pty Ltd, being an operator of the dangerous goods site at Bulong Road, Kalgoorlie WA (site), failed to ensure that the manifest and site plan were kept at the site so they are readily accessible to a dangerous goods officer.

Conviction date: 27 April 2023

Plea: Guilty

Penalty: $3000

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