Complaint “Asset requirement to mandate to keep trucks running to meet production target” Chief Inspector of Coal Mines Peak Downs Dozer Incident

QMI REVIEW OF PEAK DOWNS DOZER INUNDATION 10 AUGUST 2018

Peak Downs QMI Dozer Aug 18 ICAM

A complaint was sent to the Chief Inspector of Coal Mines Peter Newman on the 26 of November 2019.

The full analysis and ICAM are attached

REVIEW OF INVESTIGATION REPORT (ICAM) PDM OPERATOR and DOZER INUNDATED WITH WATER 10 AUGUST 2018

The following analysis is my personal opinion only.

The documentation under Review was obtained from Mines Department.

It was obtained by the Legal Representative of the Dozer Operator who was trapped.

The Operator has still not returned to work since the Incident.

It is a 44-page Right to Information Release which includes a completed BMA ICAM Investigation to the QMI (Queensland Mines Inspectorate).

If you hold it up, there is a faint watermark it says

Released by DNRME RTI Act 2009. Department Natural Resources, released under Right to Information Act 2009.

This means the Mines Department have finished their investigation and accepted it and closed it off. No further action required or being taken.

Otherwise it is not released.

The incident occurred at the Peak Downs Coal Mine on the 9th of July 2018 at approximately 5:38am.

Within 6 Months a Dozer Fatality occurs at the neighbouring Saraji Mine, where the Dozer fell from a work bench and ended up on its roof in a 2-metre deep accumulation of water and mud.

CONCLUSION
a) In an official Investigation Report to the Queensland Mines Inspectorate (QMI), BMA admit that

1. “There is mandate to keep trucks running to meet production targets.”
2. “There is an asset requirement to have this mandate.”

It is a formal admission that “Production before Safety” mandate exists.

BMA have confessed it exists in the Formal ICAM Investigation that has been included in the Report. They even name it’s origin.

“Asset Level Document Operations Execution Mandate

1. b) BMA/BHP has created some sort of Entity outside the Coal Mining Act that by its own admission is issuing Directions to the Peak Downs Mine and therefore the SSE about how the Site Safety and Health Obligations are to be discharged.

 

1. c) Such Directions unless issued by at least the Coal Mine Operator is in direct contravention of the Coal Mining Act

 

1. d) There is no mention anywhere of the Asset being the Coal Mine Operator.

 

1. e) An Asset cannot be a Coal Mine Operator as it is not a Person (see appendix 4)

 

1. f) An undefined unlegislated entity “The Asset” has been deliberately created to issue illegal Directions to the Peak Downs Mine SSE and Supervisors (As well as all other BMA Coal Operations).

 

1. g) Such Directions Include “There is mandate to keep trucks running to meet production targets.”

“There is an asset requirement to have this mandate.” Production before People”

 

2018. h) BMA ICAM process has clearly demonstrated that there were preconceived Preventative Measure Outcomes. These have not changed since those reported to and recorded by the Regional Inspector of Mines at 8:25am on the 9^th of July 2018. This is less than 3 hours since the Incident occurred

 

i)The QMI accept the existence and validity of the “Asset” by its apparent copying and pasting of the un-changed Preventative Measures

 

1. j) The QMI sees and accepts the BMA confession about the Asset having issued official written Mandates to “keep trucks running to meet production targets.”

 

1. k) The QMI does nothing to address legal non-compliance of the Asset issuing Safety and Health Directions to the BMA Mines

 

1. l) The QMI does nothing to change the stated written Mandate. “There is mandate to keep trucks running to meet production targets.” “There is an asset requirement to have this mandate.”