Mining death 'preventable' - coroner

A government policy change came too late to save the life of a Greymouth mine worker, says the Buller coroner.

Robert James McGowan, 39, died in Black Reef Mine's Tiller mine, near Greymouth, in March 2006 when a tunnel washed out.

Mine manager Gary Haddow was trapped underground for several hours before being rescued.

Coroner Peter Roselli's report, which comes four years after Mr McGowan's death, found Black Reef had not carried out an instrument survey for 10 years.

That was a "shocking state of affairs", Mr Roselli said.

"My view is that when men are employed working in the bowels of the earth in the blackness and wetness of an underground coal mine, with only a small light for each person, they should be afforded the protection of a recent instrument survey."

Underground mine operators needed to carry out regular surveys to accurately maintain mine plans, he said.

Mr Roselli questioned why the Department of Labour had not enforced survey checks.

It had told him it had not required small mines, such as Tiller, to do regular instrument surveys.

It had had a "pragmatic approach" to enforcing the Health and Safety in Employment Act when it came to small mines, and encouraged employers to improve their safety standards.

As a result of Mr McGowan's death, it had changed its policy and now enforced such surveys.

Mr Roselli was pleased by the change but "sadly it has come too late".

"It will not, of course, bring back to earth the precious life of the deceased but will ensure that all future underground miners will know that their mine plans are being accurately produced."

In the days before his death Mr McGowan, and Mr Haddow, were using explosives and shovelling "completely oblivious to the awful fate about to engulf them".

After the "inevitable inrush" of water to the mine from nearby abandoned workings, an investigator arranged an instrument survey. It found the tape and compass surveys were "wildly inaccurate", Mr Roselli's report said.

Mr Roselli was dismayed the mine had not carried out a survey for so long but acknowledged the previous owners were "strong West Coasters" with a lifetime of mining experience.

The new owners of the mine had acknowledged they had no underground mining experience, he said.

To call Black Reef a difficult mine was generous, he said.

He also found the four-year delay to holding the inquest unacceptable, and said the system needed to be improved.

He had been available to hold the inquest earlier, and had asked the Department of Labour to explain the delays. It had told him it needed six months to investigate the accident before deciding whether to lay charges. A consultant then appealed his conviction, which delayed the matter further. The man's occupation and name have been suppressed.

Mr McGowan died from crush injuries to his neck, chest, spine and limbs as a result of a large body of water entering the mine, said Mr Roselli.

He concluded his report: "This accident should never have happened".

Both police and the department investigated. Following the department's investigation 13 charges were laid against various parties. Black Reef Mine pleaded guilty to charges under the Health and Safety Act.

Mr Haddow and the consultant were found guilty in a defended hearing. However following an appeal, the charges against the consultant were withdrawn.

Commenting on the coroner's report, department spokeswoman Lesley Haines accepted Mr McGowan's death was preventable.

"It is important that the mining industry and the department learn from this coroner's report in order to make mining safer," she said.

The coroner's findings were, first and foremost, a reminder to all employers of their responsibilities, under health and safety legislation, to provide a safe and healthy workplace.

"In this case the department prosecuted the owner and the manager of the mine for failing to meet their responsibilities under the act."

The coroner found the owner and manager deviated from their working plan to develop the mine in a different direction, towards old mine workings, which increased the dangers the miners faced.

The department had not been made aware of this change, Ms Haines said.

"As a result of this, and another fatality a year later, the Government initiated a full review of health and safety management in underground mining.

"There was wide public consultation and expert advice and analysis was provided by an Australian mining expert."

The department was now preparing guidance material, which would be in operation next year, to help operators of small mines.

"We have also proposed to the Government that the minimum competency levels for managers of small underground mines should be raised."

The department was also now checking that mines performed instrument surveys regularly.

"As the coroner says in his findings, this change in practice will increase safety and reduce the likelihood of such an incident occurring again," Ms Haines said.

- NZPA