Western Australia Miner Hit with Record Work Health & Safety Fine After Fatal Incident

A West Australian mining company has been handed the largest workplace health and safety fine in the state’s history following a fatal incident at its underground mine. Big Bell Gold Operations Pty Ltd, a subsidiary of Westgold Resources Limited, was fined $945,000 and ordered to pay $20,000 in costs after a truck fatally struck a worker in December 2020. This record-breaking penalty surpasses the previous highest fine of $900,000.

The Incident and Lack of Training

The tragic incident occurred at the company’s Big Bell underground gold mine near Cue when a worker, Paige Counsell, was hit by a truck during a night shift. The company pleaded guilty to failing to provide a safe working environment under the Mines Safety and Inspection Act 1994 (WA). While the breach was not considered the direct cause of the incident, it exposed significant and systemic failures in the company’s safety systems.

Crucially, both the deceased worker and the truck driver were employees of a contracting company, Minterra Pty Ltd. The court noted that neither of the workers had previous mining industry experience, and both had received fewer than 80 hours of truck-related training. This highlighted a critical failure in the company’s oversight and responsibility for all workers on its site, regardless of their employer.

Court’s Findings and Magistrate’s Ruling

Deputy Chief Magistrate Elizabeth Woods, who handed down the record fine, stated there was a “failure of policy, process and training.” She found that the company failed to ensure its contractors were provided with sufficient instruction, information, and supervision to safely perform their roles underground. The training provided was deemed “ineffective” and “not specific enough.” The court also noted a lack of an effective “positive communication protocol” between drivers and pedestrians underground, a fundamental safety control in mine operations. Magistrate Woods emphasised that companies “must constantly be on the lookout for problems” and that “the consequences were serious.”

A Strong Message to the Industry

The case has sent a powerful message to the entire mining industry. WorkSafe Commissioner Sally North said the penalty serves as a strong warning to all workplaces, particularly those with mobile plant. She noted that while Big Bell Gold had written procedures for pedestrian safety, these protocols were not meaningfully implemented. The fine underscores the need for companies to not only have safety policies in place but to actively enforce them and ensure that all workers, including contractors, receive proper training and supervision. The Department of Mines, Industry Regulation and Safety brought the prosecution against Big Bell Gold Operations in 2023.

Westgold’s managing director and chief executive, Wayne Bramwell, confirmed that the company had conducted its own review of its Occupational Health and Safety management plan and worked with authorities during the investigation. He said a stone memorial at Big Bell serves as a reminder to honour Paige’s memory and to remain vigilant for safety.