Marek Romanski Underground Mine Manager North Goonyella Class Action Filing

2021-03-19 – 0038 PEABODY ENERGY – AMENDED COMPLAINT (3023799.1) (1)

What I have done is perform a search of the filing and have collated all the Sections where the name Mr Romanski name is mentioned.

They are attached in numerical order as they appear in the filing.

There are a couple of Section comments that stand out even above the others.

133, CW-9 recalled questioning Romanski’s decision to inject methane into the mine and that Romanski explained to him that it was an inert gas. CW-9 pointed out to Romanski that methane is not an inert gas and utilizing it would only be done in hopes of displacing the oxygen to “starve” the spon com. CW-9 advised that the problem was that ventilation was still on and the mine was pushing the gas in the wrong direction regardless of the approach taken.

Well what can I say except it is no wonder Mr Romanski was Manager when Carborough Downs had its heating and the Cook Colliery 2006 Heating requiring emergency sealing (for the only time in its 50 years of operation).

132. CW-7 recalled, in response to this concern, Romanski took a group of three or four people into the mine to adjust the position of the monitors. CW-7 explained that Romanski thought the readings were inaccurate and a result of incorrect positioning of the equipment. According to CW-7, one of the men that entered the mine was an electrician, who upon exiting told CW-7, “I am not [expletive] going back in there” and made it clear to CW-7 that he would refuse to re-enter the mine if asked. CW-7 described the electrician as looking “quite disturbed” and pointed out that this was very uncommon for people accustomed to being in mines. CW-7 advised that every member of the party carried handheld monitors and that afterwards that same electrician informed CW-7 that the environment in the mine was conducive to an explosion. CW-7 recalled that after the adjustment to the monitoring equipment, the ethylene was still recorded as present.

74. CW-7 explained that Peabody monitored gas levels at North Goonyella in a number of ways. According to CW-7, one form of monitoring within the mine included twice daily MOP (Mine Operational Plan) meetings between all staff at the superintendent level and higher. According to CW-7, the MOP meetings took place twice daily: (i) in the morning where they reviewed the previous 24 hours; and (ii) in the afternoon (prior to the beginning of the night shift) to discuss the next 24 hours. CW-7 explained that in the MOP meetings, the group discussed what was meant to happen during those timeframes and then what did happen, including any specific events. CW-7 confirmed that during his tenure in 2018, John Anger (Director Safety Health Environment) and Marek Romanski (then Underground Mine Manager), or a representative on Romanski’s behalf, would attend the MOP meetings.

 

88. CW-6 brought up the staffing issues during the Safety and Way of Life (“SAWL”) audits in 2016 and 2017. CW-6 specifically recalled showing Ian Humphris (former VP Health Safety and Environment) a list of issues and Humphris agreed about the need for additional managerial support at North Goonyella. CW-6 explained that due to the shortness of staff, employees in management positions were regularly working 14 plus hour days, which broke fatigue rules. CW-6 recalled Marek Romanski (then Underground Mine Manager at North Goonyella) clocking out of his shift and then going back to work in order to circumvent the fatigue rules. CW-6 advised that this continued for years with upper management saying that the North Goonyella staff was working too much, but failing to provide additional support.

 

93 (h). According to a November 20, 2017 MRE report, the QMI convened a Level 4 meeting with North Goonyella coal mine management concerning the elevated methane gas levels at the mines in January 2017, which was attended by: (i) Peter Baker (Peabody Vice President), (ii) Mike Carter (Site Senior Executive), and (iii) Marek Romanski (then Underground Mine Manager). The QMI recommended that senior mine managers at North Goonyella attend a Level 4 compliance meeting with the chief inspector at QMI due to their repeated failure to follow safety protocols.

111. CW-9 recalled receiving a call on September 2, 2018 from Marek Romanski (Underground Mine Manager at the time) and being updated on the situation. CW-9 recalled thinking that “something else was going on” once he heard about the high levels of carbon monoxide. CW-9 arrived at the mine in the afternoon on September 2, 2018.

118. CW-9 advised that MREs prepared by the QMI in September 2018 reflect the discussions of the daily morning meetings at North Goonyella, where he received gas figures, discussed the prior day, plans for the current day, and offered his recommendations. CW-9 recalled that the participants in these daily meetings included: (i) Peter Baker (former Senior Vice President – North Queensland Operations); (ii) John Anger (Senior Site Executive), (iii) Marek Romanski (thenUnderground Mine Manager), (iii) Martin Watkinson (technical expert from SIMTARS), and (iv) Darren Brady from Serinus Health and Safety Environment. CW-9 dealt with Peter Baker and recalled that Charles Lilly (Senior Director – Engineering) was brought in from Peabody U.S. to assist. CW-9 explained that as SSE, John Anger primarily was responsible for the business functions of the mine and that Marek Romanski, as UMM, was the primary decision maker regarding underground operations until Mike Carter was brought in as a consultant during the spontaneous combustion event in order to provide Romanski with opportunities to take breaks from the mine due to the expectation that the impending schedule would be very demanding. CW-9 explained that over time, Carter eventually assumed the responsibilities of the UMM, in terms of power, but not in title.

126. CW-6 advised that he and Earnshaw approached Control Room Operator Jimmy Green about this issue, and Green showed them an e-mail from August 21, 2018 from Marek Romanski to the control room stating, “time to crossover to the transition TARP.”

128. Beginning in September 2018, CW-8 (who served as Planning Coordinator at North Goonyella for approximately 7-10 months starting in September 2018), collected data from the various shifts at North Goonyella and compiled the data into reports in an effort to determine the best course of action. According to CW-8, this included gas data and pressure readings. CW-8 provided the reports to senior level mine staff, including: (i) John Anger (SSE), (ii) Marek Romanski (then Underground Mine Manager) and (iii) Mike Carter (Vice President – Operational Support). CW-8 confirmed that his reports also were shared with Peabody Australia Headquarters in Brisbane, who were “closely associated” with the efforts in the mine.

130. CW-8 recalled the “Startup Tour” meetings that occurred prior to each shift change where the IMT, including John Anger, Marek Romanski and Mike Carter, provided updates to the incoming shift. CW-8 explained that there were short and long-term plans for reentering the mine, but senior mine staff was hesitant to provide specific dates. According to CW8, there were “ever-changing issues” and a regular flow of new information that altered timelines. According to CW-8, these variables made it “extremely difficult to make predictions.” According to CW-8, specific dates would typically only be provided in response to a question from the workforce and these would come with the caveat of being reliant on things continuing on the current trajectory without any issues arising.

132. CW-7 recalled, in response to this concern, Romanski took a group of three or four people into the mine to adjust the position of the monitors. CW-7 explained that Romanski thought the readings were inaccurate and a result of incorrect positioning of the equipment. According to CW-7, one of the men that entered the mine was an electrician, who upon exiting told CW-7, “I am not [expletive] going back in there” and made it clear to CW-7 that he would refuse to re-enter the mine if asked. CW-7 described the electrician as looking “quite disturbed” and pointed out that this was very uncommon for people accustomed to being in mines. CW-7 advised that every member of the party carried handheld monitors and that afterwards that same electrician informed CW-7 that the environment in the mine was conducive to an explosion. CW-7 recalled that after the adjustment to the monitoring equipment, the ethylene was still recorded as present.

133. According to CW-9, around September 9 or 10, 2018, Peabody received a 1.47 Graham’s Ratio reading, which considers calculations of oxygen and nitrogen in order to assess the temperature of the coal. CW-9 explained that this is a “key ratio” and serves as a predictor for a potential spontaneous combustion (“spon com”) event and that a reading of 1.47 is a concerning figure. CW-9 explained that the 1.47 Graham’s Ratio was a concerning figure because of where it was occurring in the mine. CW-9 recalled that it initially levelled out around 1.00, which allowed him to send people back into the mine, however, this led to another increase and was a sign that “what they were doing wasn’t helping.” CW-9 explained that at the time, the Company was injecting nitrogen as well as methane into boreholes in the mine. CW-9 recalled questioning Romanski’s decision to inject methane into the mine and that Romanski explained to him that it was an inert gas. CW-9 pointed out to Romanski that methane is not an inert gas and utilizing it would only be done in hopes of displacing the oxygen to “starve” the spon com. CW-9 advised that the problem was that ventilation was still on and the mine was pushing the gas in the wrong direction regardless of the approach taken.

144. On September 3, 2018, a QMI inspector convened a meeting at the North Goonyella mine with mine management including Marek Romanski and others to discuss the status of the high carbon monoxide levels in the 9N Tailgate. Romanski explained that Peabody had started putting methane into the mined-out region (known as the “goaf”), which had resulted in skyrocketing methane levels of 52% (at which point underground power had been shut off). The QMI inspector recommended a comprehensive plan for ventilation, monitoring points, inertisation points, and points where methane was being injected into the goaf, as well as a detailed timeline of events.³⁴

145. On September 4, 2018, the QMI inspector convened another meeting at the North Goonyella mine, this time with: (i) Marek Romanski, (ii) John Anger (the SSE), and (iii) others to discuss the status of the high carbon monoxide levels in the 9N Tailgate. By that point, methane levels in the mine had risen from 6% to 14.02%. Romanski claimed that in the past 24 hours, they “started to develop a re-entry plan,” but according to the QMI Inspector, the “actions to date were managing the Oxygen but not addressing the heating.” Romanski further stated, and Anger agreed, that the mine was “intending to proceed until they were certain the risk and MRE reports. was acceptable,” and that the re-entry plan “needs to address the critical work required to be completed to manage the situation in 9 North and to ensure the safety of the mine.”³⁵

149. Daily meetings with the QMI and senior mine personnel including Marek Romanski (UMM), Mike Carter, John Anger (SSE), and Charles Lilly (Director of Engineering) continued, during which the status of the high carbon monoxide levels in the 9N Tailgate were discussed.

 

159. CW-7 recalled that while pumping nitrogen into the mine, workers noticed a “gray plume,” that became visible as it passed by the sun, while escaping a vent fan. CW-7 explained that anytime a miner pointed something out that that meant it was unusual, so he took this information to Romanski who dismissed it as “methane being pushed out of the mine.” CW7 noted that he was doubtful this information influenced any decisions going forward.

160. The next day, on September 28, 2018, the QMI issued a directive to not enter past the locked gate of the mine.