Mining company Middlemount Coal Pty Ltd has been fined $70,000 in connection with a fatal incident.

Four years ago, David Routledge lost his life when a wall collapsed on him while excavating at Queensland’s Middlemount mine in 2019. 

The accident prompted an extensive legal investigation into the safety protocols of Middlemount Coal Pty Ltd.

During sessions in the Industrial Magistrates Court in Mackay, the mining company pleaded guilty to a charge related to the failure to fulfil its health and safety obligations. 

This acknowledgment of responsibility led to the imposition of a $70,000 fine on the company. No convictions were officially recorded against the company.

Originally, the company had faced an aggravated charge involving the failure to discharge health and safety responsibilities causing death. 

This charge was associated with site senior executive Darren Lee Cuthbertson, who had been charged with two counts of failing to fulfil health and safety obligations resulting in death. However, the charges against Cuthbertson were dropped.

The court proceedings revealed the absence of a finalised Ground Control Management Plan - a comprehensive document outlining safety protocols within the mine. 

Expert analysis commissioned by Workplace Health and Safety prosecutors determined that while safety protocols were indeed documented and in existence, but they had yet to be consolidated into the final Ground Control Management Plan.

The court clarified that the lack of implementation of this plan did not directly cause David Routledge's tragic demise. It was established that if the existing safety measures had been adhered to, the unfortunate incident might have been prevented.

The defence argued that the deficiency in the Ground Control Management Plan was a mere “gap” in the documentation, and that comprehensive safety measures were already encompassed within a series of established documents.

In delivering the sentence, Magistrate Bronwyn Hartigan expressed her condolences to David Routledge's family and acknowledged their loss. 

Magistrate Hartigan concurred with the defence's assertion that Middlemount Coal Mine had an effective safety and health management system in place, despite the deficiency in the specific plan.

Magistrate Hartigan took into consideration Middlemount Coal's absence of previous convictions and characterised the company as an “upstanding corporate citizen”, noting its positive contributions to community initiatives and organisations. 

The imposed penalty on Middlemount Coal includes a $70,000 fine along with an additional $110,000 in costs.