Newcrest Mining Fined $750,000 for WHS Act 2011 (NSW) Breach

The Industrial Court of NSW has imposed a fine of $750,000 to Newcrest Mining after a Jumbo offsider ('Nipper') amputated their left arm below the elbow within the Cadia East Underground Mine. Newcrest plead guilty to the section 32 offence.

The Incident

A nightshift workgroup (Operator and Nipper) were installing ground support meshing to a Heading. The workgroup was required to insert a new drill steel and coupling into the right-hand boom of the Jumbo to continue bolting the Heading. The Operator has left to cabin to mark the rock face for bolting, leaving the drifter engaged to allow the drifter to rotate continuously. The workgroup did not immobilise the boom prior to the Nipper inserting a 3.7 metre drill steel into the rotating coupling. During the install, the left arm of the Nipper was amputated.

The Jumbo 

Prior to the incident, Epiroc M2C Jumbos were preferred over the Epiroc M2D Jumbo due to the ‘automated and intelligent’ automatic boom immobilisation system. The fitted ‘Drill Stop’ would detect any movement past the front of the jacks and would automatically shut down the Jumbo. The M2C’s were determined by Newcrest to be replaced. 

Two replacements were identified; the Sandvik DD21 Bolting Drill and the Epiroc M2D Jumbo. Newcrest enquired with both suppliers if they could design and incorporate a boom immobiliser system to include an interlocking device. Sandvik were unable to meet the requirements due the DD21 only possessing a warning light if it detected movement in front of the jacks. Newcrest proceeded with Epiroc; enquiring whether the same automatic boom immobilisation system on the current M2C Jumbos could be installed on the replacement M2D's. Epiroc advised that the M2C Drill Stop would not be developed to function on the M2D. The M2D’s replaced the M2C’s and were fitted with manual boom immobilisation switches. At the time of the incident, there was no automatic Drill Stop. 

Accepted Practices

The Court agreed:

➡️ It was common practice for workers to not engage the boom’s immobilisation switches when there was a need to access the area in front of the jacks up to 200 times p/day

➡️ That workers would insert drill steel whilst the boom of the Jumbo was rotating

➡️ The Operator would remain inside the cabin to ‘feather’ (engage then disengage) the drifter as the drill steel was inserted by the Nipper

➡️ Workgroups were forewarned when supervisors and management were nearby due to contacting the Operator to enter the exclusion zone

➡️ Whilst front and rear dash cameras are installed on each Jumbo, there was no policy to review or monitor compliance

➡️ The Nipper was not provided immobilisation switch training and was reliant on the Operator to provide on-the-job training

➡️ No enquiries were made by supervisors regarding the Nipper’s training or competencies on his third shift

Outcome

Newcrest were fined $1,000,000 of a possible $1,860,843. The fine was reduced by 25% to $750,000 to reflect the plea of guilty.

https://video.wixstatic.com/video/e0099a_c1655359e3624fa7901c5e7d69ad21f5/720p/mp4/file.mp4