By Bill Mason BRISBANE — The coal miners' union has called for changes to Queensland law in order to be able to prosecute mine managers for criminal negligence or manslaughter. This follows the release, on January 17, of the inquiry into the explosion at the Moura mine in central Queensland on August 7, 1994, in which 11 miners were killed. A coroner's ruling, released simultaneously, has enraged the families of the dead workers by its recommendation that no individual criminal charges be laid over the deaths. CFMEU mining division state president Andrew Vickers said on January 18 that the union had an obligation to victims' families to continue to push for criminal prosecutions. He said the inquiry into the Moura deaths had been prevented from recommending prosecutions by legislative restrictions. "There needs to be a review of the statutes in Queensland to hold to account those people guilty of neglect leading to serious injury and death." Vickers said that until people find themselves criminally liable, "I don't think we'll ever see any real emphasis on occupational health and safety". He said there was an argument for "prosecutions for criminal negligence and possibly even manslaughter against local management and others in the hierarchy all the way to the top — the chairman of BHP". The Moura inquiry slammed mine bosses, saying that neglect and a lack of decision-making by BHP mine management on the night of the explosion must never be repeated. "Mine workers place their trust in management and have the right to expect management to take responsible decisions in respect of their safety", the report said. The report addressed 16 major areas of the mining industry and made 26 recommendations. The CFMEU has threatened a nationwide strike if the recommendations are not implemented immediately. CFMEU national president John Maitland said strike action was a way of forcing BHP to act swiftly. Maitland said the deceased miners had relied on management to supply them with safety information, something it failed to do. "Here is one example of an industry not being able to handle self-regulation." The coronial inquiry also strongly criticised the state Labor government for decreasing funding of the mining inspectorate. "It is a matter of regret that the 1% per annum dividend pay back to the Treasury was applied to field staff with health and safety responsibilities", the coroner said. "This infers that the department was prepared to accept a level of death and injury in the industry so long as budget targets were met." Rosemary Hogarth, the widow of one of the dead miners, Darrell Hogarth, described the inquiry's findings on January 17 as pathetic. "We were hoping there might have been a chance of charges, or at least deputies might lose their tickets or management might lose their certificates. "When they don't bring down charges, how does someone like me fight BHP? What people forgot today is that our lives have been changed forever." Jenny Shaw, mother of Michael Shaw, another miner killed at Moura, declared: "I will continue to pursue it ... until I'm satisfied somebody pays."
Union calls for legal action over Moura
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