A Western Australian mining company has been hit with the largest workplace health and safety fine in the State’s history, following a fatal incident at its Mid West gold mine.
Big Bell Gold Operations Pty Ltd, a wholly owned subsidiary of Westgold Resources Limited, was fined $945,000 and ordered to pay $20,000 in costs in the Perth Magistrate’s Court on July 23 after a truck fatally struck a worker at its Big Bell underground gold mine near Cue. 
The company pleaded guilty to failing to provide and maintain a safe working environment under the Mines Safety and Inspection Act 1994 (WA) – a breach that, while not deemed the direct cause of the incident, exposed a critical gap in workplace safety systems.
The incident occurred in December 2020 during a night shift when a truck operated by an employee of Minterra Pty Ltd, a contracting company engaged by Big Bell, struck another Minterra worker. The victim died from their injuries.
Deputy Chief Magistrate Elizabeth Woods handed down the record fine, eclipsing the previous $900,000 penalty. She found the company failed to ensure its contractors had been provided with sufficient instruction, information and supervision to carry out their roles safely underground.
Neither of the workers involved had prior experience in the mining industry, and both had received fewer than 80 hours of truck-related training.
While Big Bell Gold Operations had written procedures in place to address pedestrian safety underground, WorkSafe Commissioner Sally North said those protocols were not meaningfully implemented.
She said the case sent a strong message to all workplaces, but particularly those with mobile plant, that it is essential to provide workers with the necessary information, instructions and training for their roles.
“Big Bell Gold Operations failed to provide its contractor’s employees involved in the fatal incident with sufficient information, instructions and training to ensure positive communication was established between pedestrians and drivers underground,” she said.
“Neither employee had prior mining industry experience, and neither employee had completed more than 80 hours of training related to truck driving.”
She added: “The company had written procedures to provide for the safety of pedestrians near vehicles underground, although induction materials could have been clearer. However, written procedures alone are insufficient. Procedures must be effectively implemented to reduce risks.”
The court found there was no effective positive communication protocol between drivers and pedestrians underground – a critical safety control in mine operations.
Business implications:
- The decision underscores the need for mining and industrial companies to go beyond paperwork and actively enforce safety systems.
- Employers must ensure all workers, including contractors, are given proper training and supervision, particularly those with limited industry experience.
- With regulators and courts clearly prepared to impose record penalties, businesses face growing legal and reputational risks if they fail to close the gap between policy and practice.
Epigroup’s qualified workplace health and safety experts provide cost-effective solutions to manage your WHS needs, reduce the risk to your workers and help you meet WA’s WHS laws. Email [email protected] or call 1300 414 313.
