Investigation and legal activities

The department has a proactive safety focus and investigates not only fatalities but also serious incidents and near misses in an effort to identify and mitigate safety issues. During 2016-2017, a total of 10 prosecutions were commenced with five of those prosecutions undertaken in house by department lawyers. Guilty pleas were entered for all 10 matters, and nine of those have been sentenced in court with one due for sentencing in August 2017.

A summary of prosecutions undertaken since 2004 that resulted in a conviction is available on the department’s website.

Examples of successful in house prosecutions:

Crushing Services International Pty Ltd – serious incident

Crushing Services International Pty Ltd pleaded guilty to exposing an employee to a hazard under the Mines Safety and Inspection Act 1994 and was fined $60,000 in South Hedland Magistrates Court in late July 2016. A worker was replacing components within a switch room at the mine when an arc flash occurred. The electrician suffered serious burns from the incident and could have been killed.

First Quantum Minerals (FQM) Australia Nickel Pty Ltd – near miss

First Quantum Minerals (FQM) Australia Nickel Pty Ltd was fined $40,000 in Kalgoorlie Magistrates Court in early December 2016 after pleading guilty to a charge of failing to provide a safe working environment under the Mines Safety and Inspection Act 1994. On 14 December 2014 a tank catastrophically ruptured at the Ravensthorpe Nickel Mine, releasing approximately two millions litres of hot slurry. The company pleaded guilty to failing to inspect and/or test the tank to determine the extent to which its condition had been impaired, and failing to ensure that the tank was maintained so that it was not susceptible to rupture during operation.

Westdrill Pty Ltd – near miss

Westdrill Pty Ltd pleaded guilty to two charges of breaching the Mines Safety and Inspection Regulations 1995 and was fined a total of $10,000 in Perth Magistrates Court in May 2017. In  February 2015, a Mobile Manufacturing Unit (MMU) truck was being driven down a ramp at the mine when the operator lost control of the vehicle and was unable to slow the vehicle down by using the brakes. Westdrill pleaded guilty to failing to ensure that inspection and repair to the brakes was carried out by a competent person and failing to ensure that its employee was assessed as competent to perform the task of operating a MMU before he commenced work at the mine.

Northern Star Resources – fatality

Northern Star Resources Limited pleaded guilty to a charge under the Mines Safety and Inspection Act 1994 and was fined $90,000 in Karratha Magistrates Court in June 2017. On 16 November 2015 an operator was working underground in hot and humid conditions when he collapsed and later died. The cause of death was found to be heat stroke and exhaustion. The company pleaded guilty to failing to maintain the ventilation system, failing to determine what the conditions were before work commenced and failing to modify or stop work in excessive heat and humidity, resulting in the worker’s death.