The Victorian branch of the Australian Workers' Union (AWU) is demanding that the owners of the Ballarat Gold Mine be sued for industrial manslaughter following a rockfall last week that killed one miner and seriously injured another.

In an interview with local news, AWU organiser Ross Kenna called for the prosecution of the mine owners over the workplace mishap if the death of the mine worker could have been avoided. He cited tough new workplace laws adopted in Victoria in 2020 that were designed to prevent such events.

“Victoria has really strong industrial manslaughter laws the union movement fought very hard to secure,” Kenna said. “We need to stop this sort of incident in Victoria and right across Australia.”

The AWU representative stressed that “any workplace death is avoidable,” adding that every worker has the right to come home after their shift.

The Ballarat Gold Mine is owned by Victory Minerals after taking over the site in December 2023. The company stressed that it prioritises the safety and well-being of its workers and their families.

“We are a safety-first mine operator and respect the work that underground miners perform every day,” Victory Minerals said.

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The controversial use of 'air legging' in mines

The Ballarat Gold Mine rockfall accident resulted in the death of 37-year-old Kurt Hourigan, who was pinned down by rocks after the unsupported ground that he and his coworker were standing on suddenly collapsed.

Hourigan’s coworker, a 21-year-old miner from Ballarat, suffered critical injuries and was airlifted to hospital.

During his interview, Kenna pointed out the use of “air legging” at the Ballarat Gold Mine when the rockfall happened.

Air legging is a manual technique in mining where workers operate a cylinder using compressed air. This is then used to drill into rock with a six- to 10-inch diameter bit. The manoeuvre involves air and water moving through the drill.

“The air legging that was carried out is very rare in Victoria,” Kenna said. “We don’t often see this type of mining very often in the state. It hadn’t been used on the Ballarat site for about eight years.”

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Ballarat miners demoralised

Commenting on the impact of the rockfall on other Ballarat miners, Kenna said that the workers felt a combination of “grief, shock, and anger” following the accident. He pointed out that it was a “devastating time” for all the young men and women working at the mine.

“They are great people who do a great job and really earn a lot of money for the Ballarat community,” Kenna said. “It is devastating to have this happen to a young father.”

AWU Victorian State Secretary Ronnie Hayden earlier criticised the use of air legging at the Ballarat Gold Mine, claiming that the workers should not have been doing the technique in the first place.

Hayden explained that air legging is used to place anchors to hold the rocks back during tunnelling. In the case of the Ballarat miners, they were told to use the technique to create a tunnel in the hopes of finding gold.

The AWU Victorian state secretary said they received information that air legging was used at the Ballarat mine as a “quick, cheap, and easy way” to find gold.

Hayden stressed that the union will be seeking legal action against those responsible for the Ballarat mine rockfall.

“We are going to be pushing very hard to make sure that the industrial manslaughter laws are used,” Hayden said.

Victorian police have temporarily shut down the Ballarat Gold Mine and are now in the process of preparing a report for the coroner related to the casualty. WorkSafe officials are tasked with investigating the incident.

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What workplace leaders should learn

HR and workplace leaders should learn critical lessons from the tragic incident at the Ballarat Gold Mine, which can help prevent similar events in the future and enhance overall workplace safety and culture. Here are some key takeaways:

1. Importance of workplace safety

Prioritising the safety and well-being of employees above all else is crucial. HR leaders should ensure that all safety protocols are strictly followed and that any potential hazards are identified and mitigated promptly. Regular safety drills and training should be conducted to prepare employees for emergencies.

2. Compliance with legal standards

It's essential to stay updated with and comply with all relevant workplace laws and regulations, including those related to industrial manslaughter. Non-compliance not only risks lives but can also lead to significant legal consequences for the organisation.

3. Proactive risk management

Leaders should work closely with safety officers to conduct regular risk assessments and update safety protocols based on the latest best practices and technological advancements. Identifying risks before they lead to incidents is key to maintaining a safe workplace.