The company was convicted in the NSW District Court on Monday of a category two offence for failing to comply with a health and safety duty under the Work Health and Safety Act after Lee Peters, 28, was fatally crushed underground.

Mr Peters was using a modified water cannon just before 10pm on September 6 to unblock a draw point after rock became stuck, creating a hang up.

When the hang up let go, it forced the cannon backwards, killing the Pybar Mining Services technician instantly.

The Department of Planning and Environment’s Resources Regulator prosecuted the case after the investigation report found workers sometimes sought shelter in the wrong direction to seek fresher air and supervisors knew of the practice. 

Mr Peters was facing south, when correct procedure would have required him to retreat north.

The report also found there were four different directives for the size and location requirements for bunds, which are built in front of draw points to protect workers from falling rock. 

Resources Regulator chief compliance officer Anthony Keon welcomed the judgment.

“This conviction should remind our mining industry that any failure in work health and safety duties can have serious consequences,” he said.

“In this case it has resulted in the death of a young worker, who expected to go home at the end of his shift.”

The fine was discounted by 25 per cent after the company entered an early guilty plea.

Cadia Valley Operations general manager Peter Sharpe said the company had accepted the outcome and would not appeal the court’s decision.

“We continue to offer our ongoing support to Lee’s family and colleagues,” he said.

“We are working to ensure this never happens again.

“Since the tragic accident we have increased our focus on eliminating fatalities and life-changing injuries from our business and we continue to implement our company-wide safety transformation plan.”

Mr Sharpe said Newcrest was unwaving in its commitment to ensuring everyone went home safe and healthy every day.

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