Coroner's findings on Black Reef Mine Fatality

This media release can be attributed to the Department of Labour’s Head of Workplace, Lesley Haines.

All New Zealand families have the right to expect that their loved ones will return home safely at the end of the work day. Unfortunately this was not the case for the McGowan family.

Mr McGowan’s death was preventable, and it is important that the mining industry and the Department learn from this Coroner’s report in order to make mining safer.

The Coroner’s findings are first and foremost a reminder to all employers of their responsibilities under the Health and Safety in Employment Act 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 that the mine owner and manager deviated from their working plan and developed 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 in direction.

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.

As a result of that review, the Department is preparing guidance material, which will be in operation next year, to assist small mine operators. We have also proposed to the Government that the minimum competency levels for managers of small underground mines should be raised.

In addition, the Department will now check that mine plans are informed by instrument surveys at regular intervals. As the Coroner says in his findings, this change in practice will increase safety and reduce the likelihood of such an incident occurring again.

Please note that health and safety services, formerly referred to as Occupational Safety and Health (OSH) should now be referred to as the Department of Labour.