The independent Work Health and Safety Prosecutor, Mr Aaron Guilfoyle, has commenced prosecutions against the operator, contractor and a former site senior executive of the Curragh Mine arising from the death of coal mine worker Mr Donald Rabbitt, on 12 January 2020.
Mr Guilfoyle has charged the operator Coronado Curragh Pty Ltd with one offence under s.34 of the Coal Mining Safety and Health Act 1999, alleging that operator had failed to discharge an obligation under s.41(1)(a) of the Act to ensure the risk to coal mine workers was at an acceptable level. The maximum penalty for offence against s.34 of the Act by a corporation is a fine $2,001,750.
A contractor at the mine, Thiess Pty Ltd, has also been charged with an offence under s.34 of the Act for failing to discharge an obligation under s.43(1)(c) of the Act arising from the same incident. It is alleged the contractor failed to ensure the safety and health of others was not adversely affected by the way the contractor undertook work at the mine. The maximum penalty is a fine $2,001,750.
The site senior executive for Coronado Curragh Pty Ltd at the time of the incident was also charged with an offence under s.34 of the Act for failing to discharge an obligation under section 42(a) of the Act to ensure the risk to persons from coal mining operations was at an acceptable level. The maximum penalty for an offence against s.34 of the Act by an individual is a fine of $200,175, or 2 years’ imprisonment.
The charges will be mentioned in the Emerald Industrial Magistrates Court on Tuesday 6 July 2021.
OWHSP contact: email@example.com