THE employer of a truck driver who was killed at the Rix's Creek open-cut mine near Singleton has been fined $90,000 over the December 2016 incident after pleading guilty to a charge that he failed to comply with the Work Health and Safety Act.
Richard Wayne Simmons, whose family company ran four trucks at the mine under a long-term contract operation, was the employer of Stephen Norman, who was 53 and a cousin of his wife, Lisa Maree Simmons.
Mr Norman, died on Tuesday, September 13, 2016, after the tailgate of a truck he was trying to prop open swung shut onto his head, leaving him with fatal injuries. He died two days later in John Hunter Hospital.
Bloomfield Group, which owns the Rix's Creek and Bloomfield coal mines, had already accepted an "enforceable undertaking" from the NSW government's Resources Regulator in late 2018 over the incident.
Friday's sentencing in the NSW District Court - by video link as a consequence of COVID-19 restrictions - followed the regulator's prosecution of Mr Simmons.
The decision by Judge Andrew Scotting confirmed that Mr Norman had been told days before his death that he could no longer use Bloomfield's washery to clean the truck trailer.
The offender . . . accepts the fault as his own and has expressed great regret that this fault caused Mr Norman's death. On reflection, the offender acknowledges that his approach to the cleaning process undertaken by Mr Norman was too casual due to the frequency with which he had observed it being used elsewhere.
Judge Andrew Scotting
Judge Scotting said that on the morning of the 13th, Mr Simmons had told another man, by telephone, who worked with Mr Norman that they would have to "prop the tailgate open" while Mr Norman - who was described as having an intellectual disability and a speech impediment- got inside the trailer and dug out the residue coal.
Having cleaned the truck once this way that morning, he called two colleagues to help him clean the truck after another load. Although one said "we shouldn't be doing this, it's not safe", Mr Norman told him to lift the tailgate while he propped it open using a handmade steel bar.
The two men struggled with the weight of the tailgate, and although Mr Norman had told them "it's right", when they let go "the tailgate swung closed hard and Mr Norman's head was caught between the inside edge of the tailgate and the rear of the trailer".
Judge Scotting said he accepted Mr Simmons had accepted responsibility for what happened. He fined him $120,000, reduced by 25 per cent to $90,000 for his pleading guilty.
The Resources Regulator's executive director Anthony Keon said the incident was a stark reminder of the need for operators to implement safe systems of work and to have appropriate controls in place.
"Work Health and Safety legislation provides important information on minimum standards for equipment and effective safe work systems and practices for preventing workplace injuries and fatalities," Mr Keen said.
"Companies cannot become complacent with these obligations and must continually review their operations to ensure robust safe work systems are in place."
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