A mining company has been found guilty of health and safety breaches over an incident which saw a collier crushed under a half-ton rock.
Gwyn Woodland suffered a fractured spine when a "flimsy" roof support gave way, and he was pinned to the ground by the collapsing tunnel roof. His life was saved by a colleague at the coalface who managed to smash the rock with a sledgehammer and help the injured man to the surface.
The horizontal wood being used in the Dulais Valley mine at the time were old pallet boards rather than the "tried and trusted", and much stronger, half-rounds timbers - a decision taken by the mine owner, Three D's Mining and its director David Jones.
Three D's Mining denied breaches of health safety laws but was convicted following a six day trial at Swansea Crown Court.
During the trial the court heard how Danygraig mine near Crynant was mothballed in 2016, and then reopened in early 2017 by a small team of miners working for Three D's. To begin with the horizontal roof supports - known as "flats" - in use in the mine were pit props which had been split in half length-ways. However, in the early summer of 2017 these half-round flats were replaced by pallet boards.
The court heard miners, including Mr Woodland, raised their concerns about the suitability of the new wood with Mr Jones but those fears were dismissed, and they were told to use them or he would shut the mine.
On the morning of May 15, 2017, Mr Woodland and colleague Huw Thomas were working on the North West Nine coalface when the collapse occurred -Mr Woodland was "nibbling" away at the seam with a hydraulic cutter, while Mr Thomas was further back along the tunnel passing wood to him and preparing explosive charges.
The court heard that as Mr Woodland worked a flat above his head gave way, and a large rock fell onto his shoulder and knocked him the floor. He ended up pinned to the ground with the boulder on his chest and stomach. Mr Thomas crawled to the aid of the stricken man, and used a sledge hammer to break the boulder. The casualty was helped the surface and went home, and was later taken to the hospital where it was found he had suffered three broken back bones and a foot injury.
However, it wasn't until two weeks after the rock fall that Three D's reported the incident to the Health and Safety Executive, and an investigation was launched.
Three D's Mining denied three charges under health and safety legislation - namely failing to take all reasonably practicable steps to avoid exposing employees to risk, failing to take all reasonably practicable steps to avoid exposing others to risk, and failing to carry out proper risk assessments. Though the firm's director Mr Jones did not give evidence, it was the defence's position that there was no reliable evidence he had given the instructions for the pallet boards to be used as flats, and that day-to-day decisions about operations at the mine were taken by the experienced colliers working there.
After an hour's deliberations the jury returned unanimous guilty verdicts on all three counts.
Sentencing was adjourned to September 8 to allow for financial details of Three D's Mining and other companies connected to it which are owned by Mr Jones to be gathered and assessed.
During the trial the court heard how the seam of coal being worked was only around two-and-a-half feet thick, and miners would work on their knees in "cramped conditions" blasting the seam and then shovelling the coal onto conveyor belts by hand. Prosecution barrister Alan Fuller told the members of the jury that when they saw pictures of the conditions underground they may think it was more like something from the 18th Century rather than the 21st Century.
