Vol. 71/No. 47      December 17, 2007

Robert McGowan, 39, was killed in March 2006 at the nonunion Black Reef mine when a flood of water and rock from an abandoned adjacent mine burst into his work area. Mine manager Gary Haddow, who was working alongside McGowan, survived by leaping and grabbing a roof bolt.

The Department of Labour charged Haddow, together with a geologist whose name has not been released, of “failing to ensure the safety of those working in the mine.” The owner of Black Reef Mine Ltd. has already pleaded guilty to similar charges.

“I don’t really see it as a victory,” Valma McGowan, widow of the dead miner, told the Militant November 7. “The company plea-bargained nine charges, including two against mine owner Shane Bocock, down to two. Robert never got to plea bargain for his life.” She has spearheaded a campaign to hold the company and government officials accountable for his death.

In his testimony, government health and safety inspector David Bellet explained that mine companies have 12 months after opening a mine to supply the Labour Department with a copy of their mining plan. Black Reef Mine was still within the 12-month period.

Mines inspector Bill Taylor told the court that the mine warranted only one visit every six months, based on Labour Department criteria of “risk factors,” the number of people employed, the workings of shifts, and the amounts of explosives used.

Judge James Weir has reserved his decision in the case, meaning that the ruling may not be issued until next year.

“The court hearing has bought to light the inadequacies in the mining regulations,” said Valma McGowan. She noted that “the Department of Labour cannot prosecute itself—to hold them to account I would have to take a private prosecution.”

The Engineering, Printing and Manufacturing Union, which organizes coal miners, called for the reinstatement of mine check inspectors, who are onsite at all times during mining.

McGowan was one of two miners killed last year on the West Coast. Rising demand for high-quality coal has led to an export boom and an expansion of mining in the region.  
 
 
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