WorkSafe begins legal action for two mining deaths

WorkSafe Begins Legal Action for Two Mining Deaths

WorkSafe WA has commenced prosecution action on the first three cases connected to the deaths of two workers at mining companies, following the implementation of the Work Health and Safety Act 2020 in March 2022.

This news marks a significant enforcement milestone since the updated legislation came into force, signalling how seriously breaches of health and safety obligations are now treated across the mine sector.

Details of the Three Prosecutions

The first two cases involve a mine contractor and a mine operator who have been charged with failing to take reasonably practicable measures to guarantee the health and safety of workers, resulting in the fatality of an employee. WorkSafe has charged two companies in relation to these separate incidents, each carrying serious consequences under the current framework.

The third prosecution involves a mining contractor accused of failing in its duty to safeguard the health and safety of employees, an alleged failure that led to the fatality of one worker while putting another at risk of harm. Together, these first three prosecutions represent WorkSafe's initial test of the strengthened legal process introduced under the 2020 Act.

What This Means for Mine Operators and Contractors

WorkSafe Commissioner Sally North said the current work health and safety legislation imposes more severe penalties compared to previous regulations.

"Consequences for not ensuring safe and healthy workplaces are now more serious than ever," Ms North said.

For technical professionals overseeing mine sites, this news underscores why robust safety systems and documented procedures matter more than ever. Organisations should review their equipment maintenance procedures and ensure workplace hazards, particularly those involving heavy plant and machinery, are properly controlled and recorded.

Lessons From Recent WorkSafe Investigations

This prosecution follows a pattern of increased scrutiny from regulators nationwide. Similar action was seen when two workplace deaths within 24 hours prompted a WorkSafe probe, highlighting how quickly investigations can escalate into formal charges.

Employers across construction, manufacturing, and healthcare sectors should note that WorkSafe's approach isn't limited to mining. A Melbourne council recently faced legal action for failing to submit a WorkCover claim, demonstrating that compliance obligations extend well beyond immediate incident response.

Strengthening Workplace Health and Safety Systems

To reduce exposure to prosecution risk, businesses should maintain clear, current documentation covering daily operations. Practical steps include:

• Reviewing chemical handling and storage procedures where hazardous substances are present on site
• Ensuring fitness for work policies are current and consistently enforced
• Implementing a documented disciplinary action policy to support consistent safety compliance across teams
• Establishing clear response protocols, such as an action during hold up theft event procedure, for other high-risk scenarios on site

Two mining contractors and a mine operator have been charged as part of this initial process, and WorkSafe is set to pursue further prosecutions where evidence supports enforcement action. Businesses are encouraged to stay informed on regulatory news and benchmark their own systems against current expectations, including opportunities such as when WorkSafe began accepting nominations for the 2025 WHS Excellence Awards, which recognise organisations demonstrating strong safety leadership.

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