Central QLD coal miner court ordered compensation for black lung disease

A former miner has been awarded $3.2m in an historic judgment after being diagnosed with the incurable coal worker’s pneumoconiosis when he was exposed to “unsafe levels of dust” at three Qld mines.

Former Central Queensland miner Craig Keogh and Shine Lawyers dust diseases expert Kathryn Townsend.

A former Central Queensland coal miner has been awarded $3.2 million in the Dust Diseases Tribunal of New South Wales as Australia’s first successful trial brought by a black lung victim.

Craig Keogh, 52, was exposed to “patently unsafe levels of dusts” while not provided with adequate protection or told about the risks while working at three coal mines in Central Queensland and one at Boggabri in New South Wales over an eight-year period, a tribunal has found.

He was subsequently diagnosed with coal worker’s pneumoconiosis, also known as black lung disease, in 2018 after working as a machine operator at surface and open cut coal mines at Coppabella, Blackwater and Boggabri – a town in NSW between Gunnedah and Narrabri.

A scan of former Central Queensland miner Craig Keogh's lungs.

Six years after his diagnosis, Dust Disease Tribunal Judge David Russell handed down his historic decision.

In the decision published on Thursday, July 27, Judge Russell stated evidence produced at the trial noted the disease was solely caused by prolonged exposure to coal mine dust over several years and there were often no symptoms in the early stages of the disease.

It is often associated with emphysema and there is no cure, but it is preventable through avoiding or limiting exposure to coal dust.

Queensland experienced a re-emergence of cases in the mid-2010s after a 30-year absence, and according to the Business Queensland website, there have been 76 Black Lung cases reported in Queensland since 1984.

Shine Lawyers dust diseases expert Kathryn Townsend said their client, Mr Keogh, had not been told about the risks that he was facing, despite the fact that it had been known now for centuries that people working in coal mines and being exposed to coal dust were at risk of developing terminal conditions.

“I was never given a mask or anything, the only PPE I received was a pair of safety glasses,” Mr Keogh said.

Ms Townsend said the defendants had, unfortunately, played Russian roulette with Craig.

“And he’s now been left with a terminal lung disease that has decimated his life and will ultimately end his life,” she said.

Mr Keogh, who worked in open cut mines, said he didn’t know anything was wrong until he did a medical, as required in Queensland.

He said he did the tests in March 2018 and was called into the doctors in October 2018 and told of his diagnosis.

“Once you’ve got it, you’ve got it. No treatment. You’re lumped with it,” he said.

“So as of that day, I was dusted and damaged goods… I wasn’t allowed to return to work.

“I was shocked.”

A scan of former Central Queensland miner Craig Keogh's lungs.

Mr Keogh said he had heard of black lung about two years beforehand as there were a couple of people in the underground mine in the Bowen Basin diagnosed with it.

“I absolutely loved (my job),” Mr Keogh said.

He said he loved working in teams, his colleagues and working with machines.

“I took pride in my work,” Mr Keogh said.

Mr Keogh had also worked at many mines in Western Australia before working in Central Queensland and NSW, including Norseman, Granny Smith, Cataby, Sandstone and Fimiston.

Judge Russell noted that Mr Keogh said while giving evidence during the trial that one of his Western Australia employees was “fanatical about the cleanliness of their machines”, giving employees 15 minutes at the end of their shifts to clean their sealed, air-conditioned cabins “spotless” and describing the seals of the doors being in “excellent condition”.

Mr Keogh also said there was a water truck working around him constantly as he worked the loader to move spoil generated from blasted areas.

Mr Keogh was asked to compare the dust in Queensland and NSW mines to those in Western Australia.

Judge Russell determined there was no evidence Mr Keogh was exposed to respirable crystalline silica (RCS) in Western Australia mines.

In the summary of medical issues and defence outlined by Judge Russell, it was noted lawyers representing defendants argued Mr Keogh’s lung medical issues were caused by his 25 cigarettes per day for more than 28 years habit and not coal dust inhalation, which Judge Russell rejected.

A scan of former Central Queensland miner Craig Keogh's lungs.

Medical evidence produced at the trial was that 50 per cent of the emphysema and 50 per cent the black lung was due to Mr Keogh’s smoking habits.

The evidence also suggested Mr Keogh’s life expectancy was shorter.

“This disease has broken me,” Mr Keogh said.

“I’ve had to sell my house, I’m always exhausted and my mental health has been crushed.

“I can’t even take a shower without getting tired.”

Mr Keogh put his house in Mackay on the market in July 2021 and moved to Horsham in Victoria to live with his mother.

He has since moved into a motorhome.

Mr Keogh has attempted to re-engage in employment multiple times since his diagnosis, but has found learning new technology and skills causes him anxiety and confusion on top of dealing with his medical issues and mental health issues caused from that diagnosis.

He now struggles to walk to the mailbox and back without getting puffed and wakes from his sleep in a panic as he feels like he cannot breathe, describing it as “like a plastic bag over his head”.

The Victorian born and raised man first spoke with lawyers in 2018 after he was diagnosed and launched legal action against his former employers and mine operators in 2021, sparking a years long battle for justice.

Ms Townsend said Mr Keogh’s successful fight where he was awarded a total of $3.2 million, the majority after Australia’s first successful trial brought by a black lung victim, has paved a path for other miners who suffer life altering diagnoses.

Mr Keogh said he hopes the judgment will spark greater awareness of the health risks in the mining industry.

“I didn’t think it would take this long (six years) but it’s been a difficult journey, because it’s in two different legislations in Queensland and New New South Wales… and I understand it’s been a very difficult job to compile this thing to get it to where it is,” he said.

Ms Townsend said Shine Lawyers did try to settle the case before it went to trial.

Mr Keogh said he gets angry about what has happened to him as he did not do anything wrong.

“The only thing I did was turn up to work,” he said.

Central Queensland mines

Poitrel

Mr Keogh was employed at Poitrel Mine at Coppabella by CPB Contractors Pty Ltd between November 2008 and September 3, 2012, to operate diggers, dozers and graders.

BHP Billiton Mitsubishi Alliance owns the mine and engaged CPB Contractors between January 2006 and July 2011.

Poitrel is an established and successful open-cut coal mine located 35km east of Moranbah in Queensland.

The world's largest mine blast was recorded at BHP's Poitrel mine site, in the Bowen Basin.

“Poitrel was one of the dustiest places I have ever worked,” Mr Keogh said.

His role involved in digging coal, moving or redistributing the coal stockpiles and flattening areas with a grader.

Mr Keogh was predominantly digging through hard rock which was very dusty work.

He said “there were clouds of” airborne dust produced by himself and other workers manning diggers or dozers coming in contact with the coal seam with dust thrown up when the digger was used to move or redistribute the stockpiles of coal.

Before Mr Keogh commenced digging a coal seam, he had to get out of his machine and inspect the coal seam to see how deep the layer was, doing this a couple of times per shift.

He said many of the machines he operated had “more often than not poor repair, cracked or damaged” seals and windows, resulting in dust getting in and covering him, coating his clothes, hair and exposed areas of skin.

Mr Keogh said that one of the reasons he knew that the seals of the cabins in the machines were not working, was that he could often see daylight through the rubbers in the windows.

He said that the dust “would build up into a thick fog throughout the shift”.

The biggest excavators which Mr Keogh drove in Western Australia were 360 tonnes and he drove 600 tonne excavators at Poitrel.

Mr Keogh’s comments about the conditions at Poitrel were backed at the trial by Vivian Smith who worked at Poitrel between September 2010 and August 2011.

CPB Contractors admitted it breached its duty of care it owed to Mr Keogh in relation to his employment with CPB.

CPB Contractors was ordered to pay $830,800.

The Morning Bulletin contacted the company which now owns the Poitrel Mine - Stanmore Resources - to comment on changes since Mr Keogh’s employment to reduce the risk of employees inhaling coal dust.

There was no response from Stanmore.

Moorvale

Mr Keogh worked at Moorvale Mine in Copabella by Campbell Mining Services Pty Ltd between January 15, 2013 and March 13, 2013, and again September 14, 2013 and August 13, 2014.

The Moorvale coal mine is a surface mine operated by Coppabella and Moorvale Joint Venture (CMJV), a subsidiary of Peabody Energy.

According to the decision documents, Campbell Mining Services initially claimed Mr Keogh did not inhale dust including coal dust in the course of his employment at Moorvale because his only work duties were to operate diggers, dozers and graders and all diggers, dozers and graders incorporated sealed air-conditioned cabins which no coal or other dust penetrated the cabins of the machinery operated by Mr Keogh in the course of his employment.

They also claimed neither Mr Keogh nor any other employee of Campbell working at Moorvale advised Campbell that the cabins of the earthmoving equipment were unsafe or were not adequately sealed to prevent the ingress of coal dust.

Campbell also claimed neither Mr Keogh, nor any other employee, advised the company the machinery cabins were unsafe or were not adequately sealed to prevent the ingress of coal dust.

Mr Keogh claimed there were one or two water trucks at Moorvale that travelled around the mine attempting to suppress dust, but “these were totally inadequate and I would still see clouds of airborne dust”.

He claimed seals on the cabins of machines were damaged and windows would not stay closed with dust seeping into the cabin while he worked.

Mr Keogh claimed that at the end of each shift, he was covered in dust, inhaled dust and could taste it.

Campbell Mining Services was ordered to pay $236,122.11.

The Morning Bulletin contacted the company which owns the Moorvale Mine - Peabody Energy - to comment on changes since Mr Keogh’s employment to reduce the risk of employees inhaling coal dust.

There was no response from Peabody.

Blackwater Mine

Mr Keogh worked at the Blackwater Mine between June 2016 and late October 2017, employed by Downer EDI, which was engaged by BM Alliance Coal Operations Pty Ltd to provide mining services at the time.

Downer’s defence included admitting to breaching its duty of care and that Mr Keogh was exposed to coal dust in the course of his employment, but did not admit that it knew or ought to have know that if Mr Keogh was exposed and inhaled coal dust, he was at risk of contracting lung diseases.

Mr Keogh said Blackwater and Boggabri were the dustiest mines he worked at with machines producing significant dust as they operating in close vicinity to each other and he could see the dust from the Blackwater Mine when he was kilometres away from it on his daily commute.

He claimed that while at Blackwater, the dust monitors were placed in new machines, or machines where the seals had recently been replaced, and monitoring was performed “a handful of times”.

He said he never saw any testing of air when he worked in clouds of dust.

Downer EDI was ordered to pay $326,489.82 for the dust exposure at Blackwater mine.

The Morning Bulletin contacted the company which purchased the Blackwater Coal Mine in October 2023 - Whitehaven Coal Limited - about changes since Mr Keogh’s employment to reduce the risk of employees inhaling coal dust.

Whitehaven declined to comment.

New South Wales

Boggabri

Mr Keogh worked at the Boggabri Mine between September 15, 2014 and June 15, 2016, with Downer EDI Mining Pty Ltd.

Mr Keogh was employed by a fourth party for part of his time at Boggabri and the claim against that party was resolved before the trial.

Downer, in it’s defence, admitted it did owe a duty of care, but did not admit that it knew or ought to have know that if Mr Keogh was exposed to and inhaled coal dust, there was a risk he could contract lung diseases.

They also pleaded contributory negligence.

Mr Keogh said Boggabri was a “very dusty mine” where he worked in clear about 60 dump trucks, seven diggers, 10 dozers, a couple of graders and two or three water trucks.

Again, he claimed cabins were poorly sealed and windows did not close properly with the inside of his cabin “black” with coal dust.

Mr Keogh claimed he never saw air monitoring conducted where he worked in clouds of dust and Boggabri was dustier than Poitrel and Moorvale with a dust cloud hanging over the pit which was visible from kilometres away and he recalled seeing on the drive from work to the pub 30 minutes away.

Downer EDI was ordered to pay $1,687,264.74 for the dust exposure at Boggabri.

The Morning Bulletin contacted the company which owns the Boggabri Coal Mine - Idemitsu Australia - about any changes that have taken place since Mr Keogh’s employment to reduce the risk of employees inhaling coal dust.

Idemitsu has declined to comment.