Court set for WA deaths
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WorkSafe WA has begun legal proceedings against three mining firms following two worker fatalities in separate incidents.
The legal action marks the first use of the Work Health and Safety Act 2020 in such cases.
This Act, which took effect in March 2022, aims to impose stricter safety requirements and higher penalties for breaches, particularly those leading to worker deaths.
The two incidents occurred in October 2022, leading to the deaths of a 59-year-old and a 37-year-old man at different mine sites.
WorkSafe is alleging failures by the companies involved to ensure the safety of their workers, which contributed to the fatalities.
The first prosecution involves MACA Mining Pty Ltd, a contractor, and Greenmount Resources Pty Ltd, the operator of the Karlawinda gold mine.
It is alleged that a dump truck collided with a utility vehicle, causing the death of a MACA employee at the Karlawinda mine site, located 65 kilometres southeast of Newman.
Both MACA Mining and Greenmount Resources are facing charges of failing to ensure the safety of workers “so far as reasonably practicable”.
The companies could face a maximum penalty of $3.5 million each if found guilty. The first mention of this case is set for 10 December 2024 at Newman Magistrates Court.
In a separate incident at the St Ives Underground Mine near Kambalda, two employees of RUC Mining Contractors Pty Ltd were working at the bottom of a ventilation shaft when falling rocks fatally struck one of the workers and injured the other.
WorkSafe has charged RUC Mining with two offences: failing to ensure worker safety leading to one death, and exposing the other worker to the risk of serious harm.
The company faces a maximum fine of $3.5 million for the fatality and $1.8 million for the exposure to risk.
The case against RUC Mining will be heard on 18 November 2024 at the Kalgoorlie Magistrates Court.
WorkSafe Commissioner Sally North underscored the importance of compliance with safety laws, which now impose more significant consequences for breaches.
“All work-related fatalities are unacceptable, and employers must comply with their obligations under work health and safety laws. The consequences for not ensuring safe and healthy workplaces are now more serious than ever,” North said.
She urged workplace leaders to actively engage with workers in reviewing safety systems, identifying risks, and ensuring that controls are effective.
The Work Health and Safety Act 2020 was introduced to establish a more robust legal framework for workplace safety, allowing for higher penalties and stricter enforcement. Its introduction marked a shift from previous laws, with the maximum penalty for causing a death now set at $3.5 million.
The Act is designed to hold companies more accountable for the safety of their operations, particularly in high-risk sectors like mining.