A YOUNG underground miner was on his first day at work at Mannering Colliery during a "hectic" time in 2016 as it transitioned out of care and maintenance into full mining operations.
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He only worked a few hours before he was struck in the head, the force of the blow causing his hard hat to "flip" off.
Benjamin Pedersen, 25, could have died of a foreseeable, preventable risk, said District Court Judge David Russell after finding the liquidated company Lake Coal guilty of the criminal offence of exposing a worker to the risk of death or serious injury.
Mr Pedersen was directed to drive a vehicle on an underground mine road on January 22, 2016 where the road height undulated, and where part of a damaged metal roof support known as a W-strap was dangling directly in his path.
Lake Coal will be sentenced at a later date after Judge Russell found risk assessments were incomplete, inadequate or failed to address risks to mine workers; there was confusion about safety responsibilities among senior mine representatives and workers failed to report incidents that exacerbated risks because there were not advised to do so.
A hearing in June heard evidence that a modified vehicle used at the Mannering mine for the first time on January 22, 2016 twice collided with the W-strap and dangled from the roof before Mr Pedersen was directed to drive through.
A later inspection showed the W-strap was significantly damaged because of previous collisions.
A part of the W-strap entered the vehicle cabin and struck Mr Pedersen on the head, flipping his hard hat off and gouging his head between his left ear and left eye.
"The injury sustained was clearly serious but could have easily been worse, with the risk of death a genuine possibility," Judge Russell said.
Mr Pedersen returned to work at the mine for a short while but eventually resigned.
A 2014 risk assessment showed LakeCoal was aware of the likelihood of collision between underground vehicles and roof infrastructure only 1.8 metres high, but the risk only considered financial losses from any damage rather than a risk to worker safety, Judge Russell said.
Lake Coal and associated company LDO were part of a group of companies which operated Mannering Colliery and neighbouring Chain Valley Colliery which provided coal to Vales Point power station.
By October, 2018 administrators were appointed to Lake Coal and by March this year the company was wound up.
Small and medium companies are owed more than $15 million after the collapse of Chain Valley Colliery in October and sale to Vales Point power station owner Delta Electricity on April 1.
Lake Coal representatives were not present at the hearing. The company, in liquidation, will be sentenced on a date yet to be set.
