Peak Gold Mine fined over death of Cobar worker Mark Brilley

A mining company has been hit with a massive fine after a much-loved worker died in regional NSW while a poorly handled maintenance project was undertaken.

A mining company has been handed a $480,000 fine after a 36-year-old worker in regional NSW died during poorly planned maintenance works which left an underground mine without adequate ventilation.

Mark Brilley had only been employed as a contract worker at the Cobar mine for two months before his life was cut short in appalling conditions in April 2017.

Peak Gold Mine in Cobar. Picture: Auriela Metals

When Mr Brilley died Peak Gold Mines had allowed workers to continue to work underground when one of two fans that ventilated the mine was shut down while scheduled maintenance was undertaken.

According to court documents, the shut down meant the concentrations of heat and diesel gases in the mine rose to above normal levels while Mr Brilley was operating a large machine known as a jumbo which had an open cabin with no windows or airconditioning in it.

At 2:15pm on April 3, 2017, eight hours after Mr Brilley started his shift, he contacted colleagues because he was feeling hot and dehydrated while about 900 metres underground.

A colleague came and drove Mr Billey to a crib room, however Mr Brilley remained in the vehicle and another colleague noticed vomit in the vehicle.

Mr Brilley had a five-litre water bottle resting on his lap and one of his colleagues said it appeared as though he poured water over himself to clean off the vomit.

While on the way up to the surface, Mr Brilley lost consciousness and his colleagues started CPR.

At 2:57pm the vehicle reached the surface and paramedics arrived five minutes later.

Mr Brilley was taken to Cobar Hospital where he was pronounced dead at 3:50pm.

The old Cobar Hospital where Mark Brilley was pronounced dead.

District Court Judge Andrew Scotting said elevated risk of heat stress and illness resulted in elevated risk of cardiac arrest to anyone working in the mine.

He said a cardiac event resulted in Mr Brilley’s death.

“The risk was obvious and well known to the offender,” Judge Scott said as he delivered judgment in the case against Peak Gold Mines.

“The steps that could have been taken to avoid or minimise the risk were simple steps that were known to the offender and involved little expense or inconvenience.

“The risk assessment conducted by the offender was wholly inadequate and was based on engineering judgment that had the potential to be fallible and proved to be so.”

The case was dealt with in the District Court.

Judge Scotting in sentencing Peak Gold Mines he had taken into account a victim impact statement prepared by Mr Brilley’s mother Sue Mitchell, who was at the mine on the day of her sons death.

“The experience of the Victim Impact Statement being read aloud was a moving tribute to a much loved son, partner, father, brother and friend,” Judge Scotting said.

“The community is entitled to expect that both small and large employers will comply with safety requirements.”

After Mr Brilley passed away, the court heard Peak Gold Mines had improved its safety performance, was a “good corporate citizen” who had donated more than $151,000 to the Cobar community groups and had no record of previous convictions.

“The offender established education trust funds for each of Mr Brilley’s three children and contributed an amount of $100,000 which was divided equally for each trust,” Judge Scotting said.

“The offender also facilitated payroll deductions from workers at the mine to contribute towards a lump-sum payment for the family, and held a memorial and installed a plaque at the Mine in remembrance of Mr Brilley.”

After pleading guilty to a charge of failing to comply with its health and safety duty, Peak Gold Mines was convicted and fined $480,000.

When Mr Brilley died Peak Gold Mines was owned by Canadian-based company New Gold.

Auriela Metals became the new owners of Peak Gold Mines in April 2018.