Mine operators are being urged to maintain a safe working environment following an alleged breach of the Occupational Health and Safety (OHS) Act in Victoria.
WorkSafe has alleged that both Victory Metals and Carr Mining Services breached the Act following a fatal rock fall in March 2024, which occurred during air leg mining works at the Ballarat Gold Mine.
The industry body alleges both sections 21(1)(a) and 21(2)(e) were breached by the companies – for failing to provide or maintain a safe working environment and for failing to provide a safe system of work that required ground support to be installed in the section of the mine where the air leg mining works were occurring.
It is also alleged both companies failed to supervise workers to ensure adequate ground support was installed in the section of the mine during its development.
The incident led to the death of 37-year-old Kurt Hourigan and 21-year-old Connor Smith suffered life-threatening injuries.
The OHS Act clearly outlines the duties of both employers and contractors to ensure work sites have a maintained safe environment free of risks to health – with the duty to be met so far as is reasonably practicable.
Provisions in the Act include taking action to eliminate or reduce the risks to health and safety connected with the use, handling, storage and transport of plant or substances, and providing employees with information, instruction, training or supervision needed for them to work safely and without risks to their health.
A hearing is expected to take place regarding the matter at Ballarat Magistrates’ Court on December 18, 2025.
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