The NSW Resources Regulator has fined a miner $70,000 over the death of a worker at a mineral claim in the Mulga Rush Opal Fields near Lightning Ridge in 2016.
The accused, Tony Cummings, faced the District Court of NSW. At the time of the incident, Mr Cummings and Mr Siegel (the deceased) were mining the claim under the holder’s consent.
It was heard in court that the workers were using a hydraulic hoist to move earth from the site’s face to the surface. At around 3 pm on the day of the incident, the hoist’s bucket failed to return to the surface. Mr Siegel lowered himself into the sump and was struck by the bucket, resulting in fatal injuries.
Mr Cummings was convicted for failing to comply with a health and safety duty which exposed a worker to a risk of serious injury or death. While the two men were working together at the site and had agreed to split the profits equally, Mr Cummings was the hoist’s owner.
As such, the court found that he had a duty to ensure the hoist was without risk to a person’s health and safety so far as reasonably practicable. Mr Cummings’ failure to modify the hoist led to Mr Siegal being exposed to the risk of death or serious injury.
“The Court’s decision sends a strong message that the community expects mine operators, persons with management and control of plant and persons that supply plant to comply with their work health and safety obligations,” said the Resources Regulator’s chief investigator Andrew McColm.
“This matter serves as a timely reminder to WHS duty holders to ensure they have appropriate controls in place to protect workers.”