MNC Grader 2019 Fatality RSHQ Nature and Cause Investigation Report into the death of Brad Hardwick
Mine Accidents and Disasters has published the redacted RSHQ Nature and Cause Report that they obtained under Right to Information into the death of Brad Hardwick at Anglo’s Moranbah North Coal Mine in February 2019
http://www.mineaccidents.com.au/mine-event/261/2019-moranbah-north-grader-crash
They RTI was granted after the conclusion of the legal action against Anglo and the OEM and the decision of the Industrial Magistrates Court
http://www.mineaccidents.com.au/uploads/20190220-mnm-grader-nature-and-cause-report.pdf
The decision by Magistrate Quinn has still not been published some 5 weeks after the decision was handed down.
The question has to be asked about when and even if it ever will be or whether it will be suppressed?
https://www.couriermail.com.au/news/queensland/anglo-coal-found-not-guilty-over-2019-death-of-bradley-hardwick-in-central-queensland-mine/news-story/0b74f9fa75474eb31445b4dabd36408a
The Magistrate found Anglo not guilty of the death of Mr. Hardwick even though it was noted
Anglo argued it had done all it could and was unaware of the flaws in the park brake testing system as it had not been told about the peculiar design by the grader’s manufacturer.
But internal Anglo records indicated it did know of the unusual design feature and the necessity to develop an appropriate brake test.
“The schematic I’m satisfied is the proverbial smoking gun,” Magistrate Michael Quinn said.
Despite there being no mention in the RSHQ Investigation Report of the possibility of the Loader being involved in the death of Mr. Hardwick; Magistrate Quinn found that he could not convict Anglo because
But Mr Quinn also said he could not be satisfied beyond reasonable doubt that it was the grader and not another vehicle which hit and killed Mr Hardwick in the drift.
The court heard another large industrial vehicle had been in the drift around the time of Mr Hardwick’s death.
Magistrate Quinn found the company not guilty of causing the 47-year-old’s death.
Then by a piece of logic that eludes me, Magistrate Quinn found Anglo guilty of causing bodily harm to three other workers who were injured when the runaway grader hit a Driftrunner further down the drift
Due to Anglo’s failure to develop an appropriate test for the grader’s park brake he found the company guilty in relation to causing bodily harm to the three miners whose vehicle was hit by the grader.
The matter was adjourned for sentence at a later date.
