The Queensland Industrial Court has ruled in favour of the state’s resources regulator to ensure the safety of workers open cut mines during severe lightning storms.
Resources Safety and Health Queensland (RSHQ) issued a safety alert which confirmed that it was not safe for mine worker to operate heavy mobile equipment during nearby lightning storms.
RSHQ Chief Inspector of Coal Mines Jacques le Roux said the findings reaffirmed the regulator’s approach to placing the safety of workers first.
“Lightning strikes at mines and quarries in Central Queensland during storm season are relatively common and can affect heavy mobile equipment,” he said.
“This ruling means those in the mining industry can’t be pressured to keep working in unsafe circumstances.”
The court cases arose after the regulator issued a directive in October 2023 to stop BMA from continuing to operate heavy vehicles when lightning strikes were less than 16 kilometres away.
BMA argued that tyres filled with 96 per cent nitrogen prevented the tyres from exploding if struck.
The RSHQ issued the directive on the basis that lightning events still present an unacceptable level of risk to workers.
The mine appealed the directive to the Industrial Court which gave a clearer direction on what is an unacceptable risk in operating heavy machinery during severe lightning.
The Court found that the safety of workers operating heavy machinery during lightning events may reach an unacceptable level of risk and that filling tyres with nitrogen does not negate all risks to workers.
The Court also found that heavy machinery with nitrogen filled tyres must be parked and workers should stay in vehicles until lightning has abated.
“The safest place for workers to be during a lightning event is in a secure building with lightning protection,” le Roux said.
“However, the court has deemed it is safe enough for workers to stay inside heavy mobile equipment if tyres are nitrogen filled but, importantly, they must park up in a safe location and not operate when lightning is within 16km.”
BMA filed an additional appeal with the Queensland Court of Appeal but the appeal was denied and the Industrial Court findings were upheld.
RSHQ’s le Roux said the court outcomes confirmed that open cut mine workers should never be in heavy mobile equipment without nitrogen-filled tyres if lightning was within 16 kilometres. Mines should transition workers to a safe building if their equipment does not have nitrogen-filled tyres.