Mastermyne Group (ASX:MYE) has become the first employer to be charged with industrial manslaughter since laws were strengthened in 2022.
The District Court of Emerald found Mastermyne guilty of negligently causing Graham Ronald Dawson’s death at Sojitz Blue’s (TYO:2768) Gregory Crinum coal mine, 309km west of Rockhampton.
The experienced worker died after the mine roof collapsed and crushed him back on 14 September 2021. A rescue crew took four days to recover the 62-year-old’s body.
An overwhelming 11 out of 12 jurors agreed that Mastermyne breached Queensland’s Coal Mining Safety and Health Act, violations of which could result in people conducting a business or undertaking being held liable or imprisoned.
The Mining and Energy Union’s industry safety and health representatives believe that Mastermyne’s strata control systems were “inadequate”. The union describes the court verdict as justice served for Dawson and his loved ones.
“While nothing can make up for Graham’s loss, it is heartening to know that those responsible for his death have been held to account,” Union General Vice President Stephen Smyth says.
“Throughout the protracted investigation and hearing, our thoughts have been with Graham’s loved ones. We hope that today’s decision has brought them some comfort.”
Queensland District President Mitch Hughes hopes the verdict will send a strong message to mining bosses about the dangers of “cutting corners on safety”.
“If you seriously injure or kill a worker you will be held to account,” Hughes says.
Mastermyne acknowledges the trial’s outcome and suggests it could partially settle the matter through its business insurance policy.
“Our sincere thoughts remain with Graham’s family, friends and workmates, each deeply affected by their tragic loss,” Mastermyne says.
“We acknowledge the outcome of the trial and … there may be mitigation through the company’s insurance program.”
Mastermyne promises to focus on achieving the “best safety outcomes going forward”.
Mastermyne is a mine operations, contracting and training services company that operates across Australia.
Write to Richard Szabo at Mining.com.au
Images: Mastermyne Group
