Bosses found guilty over coal mine deaths

Simon Butler, Newcastle

The mining division of the Construction, Forestry, Mining and Energy Union (CFMEU) has welcomed the August 9 conviction of the companies and individuals responsible for events that led to the tragic deaths of four coal miners at the Gretley Colliery in the Hunter Valley on November 14, 1996.

It is the first time in the 200-year history of the NSW coal industry that anyone has been convicted for the loss of a worker's life. At least 3000 miners have been killed in the coal mines of NSW.

At the time of the disaster, the Gretley mine was operated by Newcastle Wallsend and Oakbridge (now owned by Xstrata). Along with a number of individuals, these companies were charged with 52 safety breaches that led to the deaths of Edward Batterham, 48; John Hunter, 36; Mark Kaiser, 30; and Damon Murray, 19. The four miners died when they drilled into a flooded shaft at the colliery, unleashing a torrent of water that engulfed them.

The court convicted Newcastle Wallsend and Oakbridge, along with the former mine manager, the manager at the time of the disaster and a surveyor of 32 breaches of the NSW Occupational Health and Safety Act. Sentences are due to be handed down at a later date.

In a CFMEU press release, mining division general president Tony Maher welcomed the convictions as "a great relief for the families of the four miners who have had to endure a protracted seven-and-a-half year ordeal in their search for justice".

"For far too long companies and management have literally gotten away with murder", Maher added. "The convictions show that this will no longer the case. Companies and management will be held to account for the health and safety of their employees and our union will continue to vigorously pursue those who endanger workers lives."

From Green Left Weekly, September 8, 2004.

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From GLW issue 597