On 22 July 2008 the Tasmanian Coroner continued with his inquest into the death of Larry Knight at the Beaconsfield mine on 25 April 2006. Shortly after the start the legal team representing the mine walked out. Newspaper, radio and TV have covered this extraordinary development. Other reports in SafetyAtWorkBlog told of the lawyers’ attempts…
An article in today’s Australian newspaper reports on the coroner’s inquest into the death of Larry Knight in the Beaconsfield mine in 2006. It provides the first insight into the OHS report for the Melick investigation.
In October 2005, six months before Larry Knight’s death, the mine was closed after a minor rockfall. It is reported that mine management only allowed workers back into the mine after geotechnical advice.
Professor Michael Quinlan of the University of New South Wales wrote that, from an OHS perspective, this was a poor decision. Whether financial pressures were behind the permission to reenter the mine is under dispute.
Counsel for the mining company, Stephen Russell has
urged the court to exclude Professor Quinlan’s evidence because the University of NSW professor was not expert in geotechnical issues.
Valid point, perhaps, except that the coroners need to investigate deaths from a broad pool of opinion and expertise. I suspect that Michael Quinlan would be the first to admit he is not an expert on geotechnical matters.
It seems from the media report that the counsel for the mine believes that, even though an assessment would involve worker activity in a workplace, occupational health and safety considerations were not necessary at the time.
In an earlier report in the Mercury newspaper, counsel assisting the Coroner, Michael O’Farrell
argued against an earlier move by the mine’s lawyers to confine the inquest to seismic event on the day of the rockfall.
Mr O’Farrell told Launceston’s Supreme Court that attempts to contain the inquiry to a close examination of the geotechnical issues surrounding the collapse did not serve justice, and may lead to error.
He urged Coroner Rod Chandler to consider all types of evidence, “even red herrings”, in order to make the recommendations necessary to prevent similar mine deaths.
The inquest should also focus the mine’s safety processes and risk assessment procedures, as well the capacity of the state government’s workplace standards body, Mr O’Farrell said.
I have stressed elsewhere that I have no problem with companies deciding to do nothing after a risk assessment is undertaken. It is the right of the employer to accept or reject OHS advice. But what I object to is if a company then tries to avoid responsibility for that decision if it turns out to be a poor one.
The mine’s senior counsel, David Neal SC, then asked the Coroner, Rod Chandler, to review the cost-benefit of a detailed investigation into Larry King’s death as the proceedings are costing each party $20,000 per day.
David Neal, also requested 28 witnesses identified by the opposing counsel be excluded. I don’t think that relatives of dead workers would see these costs as an impediment to determining the cause of a loved one’s death. I find it extraordinary that such a suggestion would be made at all.