Peak prosecution proceeds in court

Two years after the death of a worker at the Peak Gold Mine, the NSW Resources Regulator has begun prosecution proceedings in the District Court against the mine.

The Regulator will allege Mark Brilley, a local contract worker, died at the mine after working in hot and inadequately ventilated conditions about 900 metres underground at the mine’s Perseverance workings.

At the time Mr Brilley was an employee of Jemrok Pty Ltd, a mining services contractor engaged by Peak Gold Mines to undertake underground development works.

According to an investigation report by the Planning and Environment Resources Regulator, Mr Brilley was operating a Jumbo on the afternoon of April 3, 2017 when he reported to feeling unwell.

The 36 year old lost consciousness while being transported to the surface and later died despite the efforts of his co-workers, mine emergency response personnel and paramedics to resuscitate him.

The Resources Regulator will allege Peak Gold Mines contravened section 32 of the Work Health and Safety Act 2011, by failing to comply with a health and safety duty imposed by section 19 of that Act.

The alleged Category 2 offence has a maximum penalty of $1,500,000.

The matter is set down for first mention in the NSW District Court next month.