Mining Company Penalised After Worker Narrowly Escapes Death
Endeavour Coal has been ordered to pay $640,000 following a dangerous incident at its Appin mine where three workers narrowly avoided being struck by an underground train.
The Industrial Court of New South Wales handed down the penalty after the company pleaded guilty to safety breaches that occurred in July 2022.
The Incident That Could Have Been Fatal
On that day in July 2022, three workers were conducting repairs deep within the Appin mine, using a roof bolting machine weighing approximately 50 kilograms to support the mine roof.
The workers had been transported to their work location by train, which then returned to the surface. Later, the same train driver was instructed to deliver a tyre to the bottom of the pit.
The driver assumed the maintenance period had concluded and failed to notify the work crew he was re-entering the mine. As the train approached the unsuspecting workers, one crew member spotted the danger and shouted "get off the tracks".
Two workers managed to jump to one side of the tracks, while the third worker, Alan Rice, who was still holding the heavy roof bolter, jumped to the opposite side.
Serious Injuries and Safety Failures
While the train narrowly missed all three men, the equipment's water and air hoses became entangled with a derail sensor, activating the emergency stop mechanism.
During this process, the roof bolter struck Mr Rice's left leg, resulting in a fractured fibula, three blood clots, and deep vein thrombosis.
In her judgment, Industrial Court Justice Jane Paingakulam noted that Endeavour Coal had "numerous safety measures in place" but had significantly undermined their effectiveness by relying too heavily on the train driver's actions alone.
The Resources Regulator, which brought the case to court, argued that the company should have implemented better controls, such as isolating the train during maintenance work.
Company Response and Reduced Penalty
Following the incident, Endeavour Coal enhanced its safety protocols, including upgrading CCTV cameras in trains and prohibiting mine access during train operations.
The company also assisted Mr Rice in finding suitable surface duties and continued employment, though he no longer works at the mine as the labour hire company Nexus ceased providing services to Endeavour Coal.
Justice Paingakulam acknowledged the company's commitment to safety improvements but maintained that the original appropriate fine was $800,000. This was reduced by 20 percent due to Endeavour Coal's guilty plea, resulting in the final penalty of $640,000, plus costs to the Resources Regulator.
