Enforcements and prosecutions

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Safety prosecution updates

Recent convictions

Northern Star Carosue Dam Operations, Whirling Dervish underground gold mine

Sentenced: 18 December 2023


In July 2020, a mine worker suffered fatal injuries when they fell approximately 25 metres into an open stope (hole in underground mine) while operating an underground loader (bogger).

Northern Star (Carosue Dam) Pty Ltd (Northern Star) was the principal employer at the mine. Byrnecut Australia Pty Ltd (Byrnecut) was contracted to provide underground works at the mine. The fatally injured worker was employed by Byrnecut.

Three offenders pleaded guilty in the Perth Magistrates Court for breaches of the Mines Safety and Inspection Act 1992.

  1. As the principal employer, Northern Star was fined $700,000 for engaging a contractor (Byrnecut) that failed to provide a safe working environment which caused the death of a worker.
  2. As an employer, Byrnecut was fined $850,000 for failing to provide a safe working environment which caused the death of a worker.
  3. As an employee, mine supervisor Arsen Korzhov was fined $20,000 for not taking reasonable care of the safety of another person which caused the death of a worker. It was found that on the day of the incident, he removed a barricade and warning signs from the stope shortly before the fatally injured worker started building the bund, and then left the area which meant the stope was unguarded.

Northern Star and Byrnecut failed to complete the required job hazard analysis and neither company took steps to instigate a proper risk assessment for the task. Mine operators must erect a physical barrier before an open stope is created or changed by firing explosives and it must be maintained to prevent access. In this instance, there were no physical barriers to prevent the loader entering the stope, nor were there effective wall markings to help the driver judge the distance to the open edge. These factors are especially important as a loader’s configuration can limit the driver’s forward visibility.

Sandfire Resources Limited – DeGrussa underground mine

Sentenced: 16 November 2023


Sandfire Resources Ltd was fined $551,250 after a worker was fortunate to survive an underground rockfall that pinned him to an elevated basket he was working in at the DeGrussa underground mine.

In May 2020, an underground explosives operator was working from an elevated basket attached to a mobile charging unit when the ground above him collapsed. The rockfall pushed the basket to the ground, trapping the worker inside, making it difficult for him to breathe.

Co-workers worked for nearly 20 minutes to free him. During the rescue, the workers were unsure of the integrity of the ground above them and feared they might be killed by a further rock fall. The trapped explosives operator was eventually freed having suffered scratches, lacerations and broken ribs.

Underground mining requires detailed analysis of the rock structures and planning in accordance with accepted safety factors that are designed to ensure that tunnelling and blasting rock to remove ore is safe for persons working underground. Underground workers had raised concerns about the integrity of the ground with Sandfire Resources in the days prior to the rock fall. The company had implemented remedial measures, but they were inadequate as they were based on inaccurate information and did not take into account significant geological features in the area.

Further information

For further information on WorkSafe Mines Safety prosecutions see the Summary of prosecutions.

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