On 15 October 2025, an operator of an open-cut coal mine was sentenced in the Rockhampton Magistrates Court for breaching section 34 of the Coal Mining Safety and Health Act 1999 (CMSH Act), having failed to ensure that the risk to coal mine workers while at the mine was at an acceptable level as required by section 41(1)(a) of the CMSH Act. The defendant was fined $80,000 and no conviction was recorded.

The defendant was an operator of an open cut mine near Blackwater. Draglines were used at the mine.

On 21 November 2021, an incident occurred at the mine involving a coal mine worker. The worker died because of injuries sustained while performing tasks underneath the house of a dragline.

Investigations revealed that between 16 and 21 November 2021 risk at the mine was not at an acceptable level because it was not as low as reasonably achievable. Coal mine workers were performing work in the footprint of operating draglines, including underneath the house itself, while on foot and not conducting S.T.A.R. (‘Stop, Think, Act, Review’) processes as required by the defendant’s risk assessment management procedure.

There should have been a clear proscription that coal mine workers not perform work on foot in the footprint of the dragline house of an operating dragline; clear and specific procedure or Work Method Statement for coal mine workers performing work within the footprint of the dragline house while not in mobile plant; coal mine workers perform S.T.A.R. or job safety analysis processes; and coal mine workers were effectively supervised by on-site personnel so that the practice of performing work on foot in the footprint of the dragline house of an operating dragline was identified and addressed.

It was not alleged that the defendant’s failure to ensure risk was at an acceptable level caused the coal mine worker’s death.

The defendant pleaded guilty. The Work Health and Safety Prosecutor submitted that the offence was serious, and that general deterrence was a paramount consideration.

The defendant’s counsel submitted that it was entitled to recognition of its early plea of guilty and addressed the court about development of a new system to control and reduce risk to coal mine workers operating draglines.

His Honour Magistrate Kuskie noted the submissions of both parties and expressed his sympathies to the next of kin and family of the coal mine worker. The defendant was fined $80,000. No conviction was recorded.

OWHSP contact: enquiries@owhsp.qld.gov.au