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O F an Inquiry by the Court of Coal Mines Regulation

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O F an Inquiry by the Court of Coal Mines Regulation 622.81099 44 GOR 1979 7 IN qtif A% Aft'..7 EXPLOSION AT APPIN COLLIERY ON 24th JULY, 1979 R E P O R T of His Honour Judge A.J. Goran Q.C. following an Inquiry by the Court of Coal Mines Regulation established under Section 31 of the Coal Mines Regulation Act, 1912, as amended Accession No. itO 64C, Order No. PSF No. Date Received , Classification .. P(..1.7:4(-/ No. ()‹ • His Honour Judge A. J. Goran Q.C. Court of Coal Mines Regulation Whereas it appears to me that a formal investigation of the explosion that occurred at Appin Colliery on 24th July, 1979, and of its causes and circumstances is expedient. I Ronald Joseph Mulock, Minister for Mineral Resources and Development in pursuance of the powers conferred on me by Section 31 of the Coal Mines Regulation Act, 1912, hereby direct such investigation to be held and require the Court of Coal Mines Regulation established under that Act to hold the investigation. Dated at Sydney this twenty fifth day of July 1979 R. J. Mulock Minister for Mineral Resources and Development IN THE COURT OF COAL MINES REGULATION ) HOLDEN AT SYDNEY, WOLLONGONG AND PORT ) No. 1 of 1979 KEMBLA IN THE MATTER of an Inquiry in pursuance of the Coal Mines Regulation Act into an explosion which occurred at Appin Colliery on the 24th July, 1979 and its causes and circumstances. REPORT TO The Honourable Ronald Joseph Mulock, Minister for Mineral Resources and Development in the State of New South Wales Sir, Having been directed by your Notice dated at Sydney on the 25th day of July, 1979 made and issued in pursuance of the powers conferred upon you by the provisions of Section 31 of the Coal Mines Regulation Act, 1912, as amended, to hold a formal investigation as the Court of Coal Mines Regulation established under Section 33 of the said Act of the explosion that occurred at Appin Colliery on the 24th July, 1979 and of the causes and circumstances of such explosion, I have completed my investigation and have the honour to report as follows: GENERAL PRELIMINARY OBSERVATIONS Most inquiries into fires, explosions and disasters in coal mines which occur in coal mines in the United Kingdom are non-judicial inquiries, the investigation itself being conducted at a senior administrative level. The resultant report takes the form of a description of the colliery and the relevant equipment, followed by a narrative setting out the events. Conclusions are in short form and there is a list of recommendations for future improvements in coal mines generally. A list of casualties (deceased and seriously injured) is relegated to an appendix (see, for example, the report of H.M. Chief Inspector of Mines and Quarries on the explosion at Colborne Colliery, 18th March, 1979, 2 and the similar report in regard to Houghton Main, Yorkshire, in 1965). I make no criticism of this method of reporting. The report which I now tender, however, is the report of a Court which has investigated an explosion. The conclusions drawn are based upon a mass of evidence tendered before me and tested in the greatest detail by the cross-examination of learned Counsel and laymen of much experience in the mining industry. have had the assistance of two assessors, Mr. W. Smale and Mr. L. Griffiths, both of whom have a deep knowledge of coal mining, its problems, its technicalities and its techniques. I have adopted standards of proof as any Judge must do, accepting some evidence and rejecting other evidence at times which experience in judgment has told me I cannot accept. This Report is an account of how men came to die while at work. I feel that it is my duty to see that the Government and the people receive a carefully considered answer to the question. The Act which gives the Court jurisdiction also invites me to add "any observations which the Court thinks right to make". In the past I have taken this to be an invitation, inter alia, to make recommendations which the Government may consider adopting for the future safe running of the coal mining industry. On this occasion the parties before me have asked that I make recommendations along lines suggested and argued by them. I include such recommendations as I think it proper for the Court to make. It must always be borne in mind that the duty of this Court is to assist in so regulating the industry that events such as that which occurred at Appin Colliery are not repeated and that men who work in this industry should do so with such safety as can be afforded to them by legislation or by proper practices. OPENING THE INQUIRY On the 25th July 1979 after consultation with the Minister I visited the Appin Colliery, arriving at about 1.00 p.m. Under the powers conferred upon me by the Coal Mines Regulation Act I made a brief inspection of surface arrangements for the rescue of men and the recovery of damaged sections of the mine. I held conversations with a number of officials including the Manager, Mr. A. E. Fisher. I held conversations with 3 Mr. G. Mould, Inspector of Collieries for the district and asked that all documents and materials relevant to the Inquiry be made secure. Mr. Mould also explained and demonstrated to me the recently installed Tube-Bundle gas monitoring system situated at the surface. I made preliminary arrangements with the officer-in-charge of police to protect the mine area from trespassers and to co-operate by photography in recording any matters underground which might be relevant to the Inquiry. I did not see Mr. Metcalfe, Mine Under-Manager, or Mr. Kininmonth, the local Senior Inspector of Collieries, who were both at the time underground, engaged in rescue work. I suggested to Mr. Fisher, who was in need of sleep and was otherwise obviously under great strain, that he should go home to rest. He was reluctant to do so but I understand that he ultimately took this course. I visited the mine on the 2nd August, 1979 and in company with Mr. B. Murray of Counsel, Mr, Fisher, Mine Manager, Mr. Kininmonth, Senior Inspector of Collieries, Mr. M. J. Muir, Chief Inspector of Coal Mines, and several other officials, I went underground and inspected in such detail as was possible the area affected by the explosion. At that time ventilation had been at least partly restored to the area, the bodies of the deceased men had all been removed, the locations where they had been found having been clearly marked, but nothing which could possibly be relevant to the explosion had been shifted. FIRST SITTING OF THE COURT I held a formal Sitting of the Court in Sydney on the 22nd August, 1979. There I received appearances and appointed my two Assessors. Mr. B. F. Murray of Counsel appeared for the Minister for Mineral Resources I followed the practice of inviting him to act as Counsel assisting the Inquiry. I gave leave to Mr. T. Marling, Q.C. with Mr. R. Stitt, to appear for the Australian Iron & Steel Collieries Limited; to Mr. L. King of Counsel to appear for the Mine Managers Association, Mr. A.E. Fisher, Manager of Appin Mine; to Mr. Maguire, Solicitor, who subsequently instructed Mr. S. Littlemore of Counsel, who appeared for the Electrical Trades Union 4 and for the widow of the late Mr. A. Brewin, Electrician; to Mr. P. J. Phelan of Counsel who appeared for Mr. K. T. Reed, Electrical Engineer and Mr. F. Metcalfe, Under-Manager; to Mr. A. Brown, Solicitor, who later instructed Mr. J. D. Heydon of Counsel, who appeared for the Australian Collieries Staff Association and for the relatives of the late J. A. Oldcorn, Assistant Under-Manager; to Mr. Whyburn, later replaced by Mr. R. Williams, who appeared for the Amalgamated Metal Workers' & Shipwrights' Union and for the relatives of the late Mr. K. Staats; to Mr. L. Ohlsen, President of the Southern District Miners' Federation, with Mr. Loy, a Mine Check Inspector, who appeared for the Australian Coal & Shale Employees Association; to Mr. L. Leffley, Secretary of the New South Wales Colliery Officials Association with Mr. Penman, President of the Association, who appeared for the Association and for the next-of-kin of the late Mr. R. Rawcliffe. At a later date I gave leave to Mr. C. Bowie of Counsel (subsequently Her Majesty's Counsel) with Mr. Deakin, to appear for the widows of the ten machine men who died during the mine explosion. These latter Counsel withdrew on the 13th November, 1979 with leave to re-appear should the occasion arise. I wish to acknowledge with gratitude the great assistance which I have received from my two Assessors, Mr. L. Griffiths and Mr. W. T. Smale whose experience and advice was invaluable. Each of these gentlemen adopted a completely impartial attitude throughout the Inquiry and not only assisted me to find my way through the difficulties posed by the evidence, but also, with my concurrence, gave assistance to the parties before me. It should be noted that Mr. Murray of Counsel was set a most onerous task, Not only was his brief a difficult one but at my behest he opened the evidence in the Inquiry before he was fully prepared. considered that, although this placed Mr. Murray and those instructing him in an invidious position, to wait for the completion of all investigations by the Department before commencing the actual hearing of the Inquiry would create such delay as would cause uneasiness among members of the public.
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