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Mining Tragedies

Will silicosis be SA gold’s next big trial? – by Geoff Candy (Mineweb.com – September 26, 2013)

http://www.mineweb.com/

Wage negotiations may have concluded but South Africa’s gold sector still faces a number of challenges, not least of which is a looming class action suit.

GRONINGEN (MINEWEB) – Having only barely dispensed with the plummeting gold price, increasingly demanding shareholders and some of the tensest wage negotiations in memory, the South Africa’s gold producers were probably hoping for a little respite. But, instead, find themselves staring at the looming presence of a silicosis class action suit that seems to be growing inexorably larger with each passing month.

Right now, there are three separate class action matters pending against the country’s gold miners but, the three teams of lawyers have just applied to the courts to consolidate these various claims into a single one that will be defended by 31 companies, which include all of the country’s gold miners and their various operating entities as well as Anglo American South Africa and African Rainbow Minerals, who no longer operate gold mines but did so when some of the claimants contracted the lung disease in question.

It should be noted that Anglo American SA announced yesterday it has just settled 23 silicosis claims brought against it for an undisclosed sum and no admission of liability.

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The floodgates open: Anglo-American settles mineworkers’ silicosis claims – by Rebecca Davis (Daily Maverick/South Africa – September 26, 2013)

http://www.dailymaverick.co.za/

On Wednesday it was announced that Anglo-American South Africa would pay 23 former mineworkers undisclosed amounts to settle claims brought against the company after the workers contracted silicosis. The mining house remains adamant that this is not an admission of liability. But lawyers for the mineworkers are hopeful that the settlement may pave the way for payouts for silicosis victims across the industry.

Silicosis is a lung disorder caused by inhaling bits of silica, a mineral found in sand and rocks, over an extended period of time. Silica dust particles can make tiny cuts on the lungs, creating scar tissue which makes it more difficult to breathe. It’s a progressive condition, and sometimes it can come on up to ten years after exposure to silica. People who are most at risk for developing the condition are those who work with sand, rock or quartz, in industries like construction, demolition, or mining.

The South African government has recognised the problem of silicosis and committed to “significantly” reducing its prevalence by 2015 and eliminating it entirely by 2030. It’s a particular public health issue in South Africa because exposure to silica dust increases the risk of TB.

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Anglo American SA reaches settlement with silicosis-stricken miners – by Agency Staff (Business Day – September 25, 2013)

http://www.bdlive.co.za/

A SETTLEMENT between Anglo American South Africa and former miners who had contracted silicosis while working for the company benefited all parties, the company said on Wednesday.

“Anglo American South Africa announces that it has concluded an agreement which resolves fully and finally 23 stand-alone silicosis claims, instituted against it between 2004 and 2009,” the company said in a statement. “The settlement has been reached without admission of liability by Anglo American South Africa and the terms of the agreement remain confidential.”

The case was brought by 23 miners, 18 of whom had worked at Anglo’s President Steyn mine in the Free State. They claimed they contracted silicosis and silico-tuberculosis while working for the company up to 1998.

Anglo American South Africa executive director Khanyisile Kweyama said: “Anglo American South Africa believes that agreeing to settle this long-standing litigation is in the best interests of the plaintiffs, their families, Anglo American South Africa and its wider stakeholders.

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Vale fine should go to families, Steelworkers prez says – by Heidi Ulrichsen (Sudbury Northern Life – September 24, 2013)

http://www.northernlife.ca/

The $1,050,000 fine imposed by the courts on Vale last week in the 2011 deaths of two miners should be directed to their families, said Steelworkers Local 6500 president Rick Bertrand.

Vale will be paying the fine to the City of Greater Sudbury. That’s because the company was charged and pleaded guilty to three offences under the Occupational Health and Safety Act, which are tried in Provincial Offences Court.

Provincial offences were downloaded to the city in 2001, and as such, any fines meted out by the courts are paid to the city.

Jason Chenier, 35, and Jordan Fram, 26, were killed June 8, 2011 after they were buried by an uncontrolled released of muck, sand and water from an ore pass at the 3,000-foot level.

“With the $1 million that’s going to be coming to the city, the first thing that goes through my mind is that the families should be compensated somehow,” said Bertrand, whose union represents Vale miners.

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Family has mixed feelings about Vale plea deal – by Heidi Ulrichsen (Sudbury Northern Life – September 21, 2013)

http://www.northernlife.ca/

The sister of one of two Vale miners killed on the job in 2011 said in some ways, she’s glad lawyers representing the company and the Crown were able to come to a plea deal agreement for charges laid in the wake of the tragedy.

At least it saved her family the pain and stress of going through the full trial, Briana Fram said. Vale pleaded guilty to three charges under the Occupational Health and Safety Act and was fined $1,050,000 on Sept. 17 in the deaths of Briana’s brother, Jordan Fram, as well as his co-worker, Jason Chenier.

The company originally faced nine charges, while supervisor Keith Birnie faced six. The remaining charges against Vale were dropped as part of the plea deal. The charges against Birnie were dropped after the Crown received information as part of trial submissions, and felt there was no reasonable chance of conviction.

While in some ways she’s glad not to have to go through a full trial, which was due to start in late October, Briana said she would have liked to see Vale held to account on all the charges. “We are happy they pled guilty, but it’s hard, because those charges were just so easily dropped,” she said. “That’s the way the judicial system is.”

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UPDATED: Vale fine to go to city [Sudbury] – by Star Staff (Sudbury Star – September 20, 2013)

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

The more than $1 million Vale Canada was fined for the deaths of two Stobie Mine employees will go to the City of Greater Sudbury, a spokesperson for the Ministry of Labour confirmed Thursday.

Matt Blajer said on top of the $1.050 million fine, Vale has to pony up an additional 25% — or $250,000 — which will be put into a provincial fund for victims of crime. The fine will go into the city’s general revenue stream, city spokesperson Shannon Dowling said.

On Tuesday, Vale pleaded guilty to three charges under the Ontario Occupational Health and Safety Act for the deaths of Jason Chenier, 35, and Jordan Fram, 26. On June 8, 2011, the men were crushed by a 350-ton run of muck at the 3,000-foot level of the mine.

The company was originally facing nine charges, while supervisor Keith Birnie faced six. Joe Cimino, a city councillor who’s also vying for the provincial NDP nomination, called the plea bargain upsetting.

“What’s happened is, now there’s more questions in the community than there are answers,” he said. “This shut a door to a public trial. We need a full inquiry now, not in 10 years. “This is so unfair to the families.”

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Sept. 19, 1992: Labour tensions high as Yellowknife blast kills replacement gold miners – by Chris Zdeb (Edmonton Journal – September 19, 2013)

http://www.edmontonjournal.com/index.html

Nine gold miners were killed in an explosion during a strike at the Giant Gold Mine in Yellowknife in one of the worst mass murders in Canadian history. The replacement workers were riding in a man-car more than 200 metres below the surface when the blast happened about 10:30 a.m. Six victims were from Yellowknife, two from Ontario and one from New Brunswick.

The union vehemently denied any responsibility for the explosion, which was investigated by the RCMP. Still, union officials expected violence in Yellowknife to get worse as more people who blamed the union for the explosion vented their anger. The mine was built in the 1930s and owned by Royal Oak Mines Ltd. It had continued to operate through the strike with replacement workers.

About 240 members of the Canadian Association of Smelter and Allied Workers walked off the job on May 23 in response to the company asking workers to take wage and benefit cuts and to tie any new contract to the price of gold, because of declining gold prices.

Workers wanted better pension benefits, improved safety standards and a five- to 10-per-cent wage increase.

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Vale mine death plea disappoints union – by CBC News Sudbury (September 19, 2013)

http://www.cbc.ca/sudbury/

The union that represents workers at Vale says a $1-million fine and guilty plea related to the 2011 deaths of two of its miners aren’t enough.

The nickel miner’s plea agreement was the largest fine ever levied under Ontario’s Occupational Health and Safety Act. Vale pleaded guilty to three charges, but six other charges were dropped.

“[The fine] will not have an impact,” said Mike Bond, chair of the health, safety and environment for Steelworkers Local 6500. The union conducted its own eight-month investigation into the tragedy, and Bond maintains the company should have faced criminal charges.

“We need support from the enforcement bodies that are there to protect and hand out penalties and discipline,” he said. The plea agreement means the case will not go to trail, and Bond said Vale won’t have to answer questions about what happened.

“In our views, the facts will never be on the books,” he said. Sudbury Police investigated the deaths of Jason Chenier and Jordan Fram, but announced last year that no criminal charges would be laid.

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Inquiry unearths police cover-up in South African Marikana mine massacre – Geoffrey York (Globe and Mail – September 19, 2013)

The Globe and Mail is Canada’s national newspaper with the second largest broadsheet circulation in the country. It has enormous influence on Canada’s political and business elite.

JOHANNESBURG — An inquiry has found shocking evidence that South African police have lied and falsified documents to cover up the truth about their killing of 34 protestors at the Marikana platinum mine last year.

The explosive revelation of a police cover-up in the “Marikana massacre” has forced a halt to the official inquiry. The commission announced on Thursday that it is shutting down its public hearings temporarily while it investigates the cover-up.

The inquiry has already heard disturbing evidence that the police hunted down and killed fleeing protestors even after a first clash had ended. It also heard testimony that the police planted guns next to the bodies of dead miners in an attempt to justify the shooting.

The cover-up began to unravel last week in testimony by Duncan Scott, a lieutenant-colonel in the South African Police Services (SAPS). He agreed to give the inquiry a computer hard drive with videos and photos from the scene of the Marikana killings. The inquiry also obtained thousands of pages of police documents that it had not seen before.

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Inquiry into mining safety long overdue – by Brian MacLeod (Sudbury Star – September 19, 2013)

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

“Something’s wrong,” Sudbury Star mining reporter Carol Mulligan said upon returning from a Vale Canada press conference in January 2012 called to explain the deaths of two miners 3,000 feet underground the previous June. “We’re not getting the whole story.”

On June 8, 2011, Jason Chenier, 35, a father of two young children, and Jordan Fram, 26, were crushed under 350 tonnes of wet, broken ore, known as muck, that had become stuck in a tunnel known as an ore pass.

The nature of the press conference — reporters were allowed to look at information presented, but were not given copies — and the demeanour of the presenters, was odd. Reporters in Sudbury are accustomed to procedures in mining deaths. The report made 30 recommendations to improve safety and the company was acting on them, officials said.

Yet Mulligan’s instincts were right. On Monday, Vale Canada pleaded guilty to three charges under the Occupational Health and Safety Act. The company was fined $350,000 on each charge, plus a 25% surcharge. It was, Crown attorney Wes Wilson said, the largest ever fine levied under the act for health and safety issues. Six other charges were dropped, as were charges against a mine official.

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Push for mine safety inquiry continues – by Jonathan Migneault (Sudbury Star – September 19, 2013)

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

Vale Canada Limited’s plea bargain with the Ministry of Labour Tuesday, regarding deaths of two Stobie Mine employees in 2011, has created a stronger case for a provincial inquiry on mine safety, said Nickel Belt MPP France Gelinas.

“Now that we’re not going to have our day in court it creates one more argument for an inquiry,” said Gelinas. Vale pleaded guilty to three charges under the Ontario Occupational Health and Safety Act Tuesday, and was charged $1.050 million as a deterrent. The company made a joint submission with the Crown that it be fined $350,000 per charge.

Gelinas said the families of Jason Chenier, 35, and Jordan Fram, 26, who were crushed by a 350-ton run of muck at the 3,000-foot level of the Stobie Mine on June 8, 2011, would never have the chance to hear the full story surrounding their deaths.

“A trial is an opportunity for many people to gain closure because you get to the bottom of the story,” Gelinas said. The provincial NDP and the United Steelworkers have long called for an inquiry into the province’s mining deaths.

Mike Bond, chair of health, safety and environment for the United Steelworkers Local 6500, said he was disappointed with Tuesday’s outcome.

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NEWS RELEASE: Plea Bargain in Vale Mine Deaths Betrays Workers, Families

http://www.usw.ca/

17 SEPTEMBER 2013 – SUDBURY – A plea bargain dropping the majority of Occupational Health and Safety Act charges against mining giant Vale in the deaths of two miners is another betrayal of Ontario workers and their families, the United Steelworkers (USW) says.

“Today’s decision highlights our government’s failure to take comprehensive, meaningful action to better protect workers and to ensure justice for families whose loved ones are needlessly injured or killed on the job,” said Rick Bertrand, President of USW Local 6500, representing 2,600 mining workers in Sudbury.

“Damning evidence was uncovered that showed the deaths of Jason Chenier and Jordan Fram, like so many other injuries and fatalities in Ontario mines, were preventable,” Bertrand said.

“Yet our government has refused to pursue the possibility of a criminal prosecution and rejected a public inquiry into mining safety. We’re left with a plea-bargain deal in which our government drops most of the health and safety charges in exchange for a fine against one of the largest corporations in the world.”

The plea-bargain agreement, negotiated between the Ministry of Labour and Vale, was accepted in the Ontario Court of Justice today.

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Familes of Sudbury miners speak of loss – by Jonathan Migneault (Sudbury Star – September 18, 2013)

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

After his younger brother Jordan Fram was killed in a was killed in a run of muck in the Stobie Mine in 2011, Jesse Fram continued to call his phone for months, just so he could hear Jordan’s voice when he was prompted to leave a message.

Fram was amongst several family members who gave emotional victim impact statements in a Greater Sudbury courtroom Tuesday.

Jordan’s employer, Vale Canada Limited, pleaded guilty to three charges under the Ontario Occupational Health and Safety Act in relation to the events that lead to his death.

The last time Wendy Fram spoke to her youngest son, she told him to be safe before he left for work. That night, on June 8, 2011, Jordan Fram, 26, and Jason Chenier, 35, were crushed by 350 tons of muck at the 3,000-foot level of the Stobie Mine.

Vale was fined $350,000 for each of the three counts, which were related to a failure to take reasonable precautions to prevent water accumulation in the mine. That failure caused the run of muck that killed Fram and Chenier. The total fine of $1.050 million was the largest ever awarded in Ontario for a health and safety prosecution.

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Vale fined $1.050 million in Stobie miners’ deaths – by Jonathan Migneault (Sudbury Star – September 18, 2013)

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

Vale Canada Limited pleaded guilty Tuesday of three charges under the Ontario Occupational Health and Safety Act tied to the deaths of two Stobie Mine employees in 2011.

The company was fined $350,000 for each of the three counts, which were related to a failure to take reasonable precautions to prevent water accumulation in the mine, which caused a deadly run of muck.

According to Crown attorney Wes Wilson, the total fine of $1.050 million is the largest ever awarded in Ontario for a health and safety prosecution. “Nothing approaching this amount has been awarded in occupational health and safety prosecution ever before in this province,” Wilson said.

The largest fine under the Ontario Occupational Health and Safety Act before today’s decision, he said, was $650,000. Crown prosecutor Dave McCaskill added he has not found a single Canadian incident that has exceeded the Vale fine. “This may set a national precedent,” he said.

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28 miners die in Afghanistan coal mine blast – by Dorothy Kosich (Mineweb.com – September 16, 2013)

http://www.mineweb.com/

Neighbors of the Abkhorak coal mine were among the rescuers who managed to bring 100 miners to safety after 28 miners perished in a coal mine blast in northern Afghanistan.

RENO (MINEWEB) – When 57 miners were trapped after gas explosion at the Abkhorak mine in the Ruyi Du Ab District of Samangan Province in northern Afghanistan, nearby residents dug through the rubble and debris with their bare hands.

However, 28 miners were killed, while 100 of their coworkers were taken to the hospital with minor injuries.

Samangan provincial governor’s spokesman Mohammad Seddiq Azizi told the BBC that four members of the rescue teams were badly injured, while 14 men were overcome with fumes, but were brought out safely. Samangan’s Deputy Security Chief Mosadiqullah Muzafari said four rescue workers were badly injured.

Workplace safety standards are considered poor in Afghanistan and mine accidents are considered common. Javed Noorani of Integrity Watch Afghanistan told Al Jazeera that 90% of mining in the country is illegal. In December, 11 miners were killed in a mine collapse in the northern province of Baghlan.

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