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Anglo American avoids prosecution for 'foreseeable' mine explosion

Prosecutors reviewed 90,000 piece of evidence in relation to the explosion.  (ABC News: Jemima Burt)

The operators of a central Queensland coal mine where five workers were seriously injured in a gas explosion will not be prosecuted over the incident.

The Office of the Work Health and Safety Prosecutor was provided more than 90,000 pieces of evidence to review in relation to the explosion at the Grosvenor Coal Mine, near Moranbah, following the conclusion of the Coal Mine Board of Inquiry in August

Five workers suffered extensive burns after the methane explosion at the underground mine in May 2020. 

Work Health and Safety Prosecutor Aaron Guilfoyle said he had determined not to commence any prosecution in relation to the referral from regulator Resources Safety and Health Queensland.

Mr Guilfoyle said a brief of evidence had been referred following a comprehensive investigation into the potential causes of the incident by RSHQ's Coal Mining Inspectorate.

This painting of the five Grosvenor workers by an unknown artist is hanging in the Moranbah hospital. (Supplied: Mackay Hospital and Health Service)

Workers devastated 

Mining and Energy Union Queensland president Stephen Smyth said workers were angry and dismayed by the move.

"I am personally devastated at this decision, having worked very closely with the Grosvenor miners as they have recovered from the explosion and dealt with the fallout," Mr Smyth said.

"I know that workers across our industry, especially those at Grosvenor mine who have just this week restarted longwall production, are angry.

"In an environment where our members get sacked for minor policy breaches, it's deeply unfair that a management team that oversaw a mine blowing up should face no consequences whatsoever."

Wayne Sellars, is one of five men who were seriously injured in the explosion in May 2020. (Supplied: Queensland Coal Mining Board of Inquiry)

Mr Smyth said the Board of Inquiry outlined the mine's "repeated failure to drain dangerous gases in pace with production".

"It was a foreseeable event and no action was taken to protect the miners at Grosvenor."

Mr Smyth said it was important mineworkers knew the people responsible for their safety would be held accountable if they failed to meet obligations.

Mining and Energy Union Queensland president Stephen Smyth says he's disappointed there will be no prosecutions in relation to the Grosvenor explosion.  (ABC Tropical North: Tobi Loftus)

"We have workplace health and safety laws that provide for prosecution where negligence leads to serious injury or death," he said. 

"These laws are of no use if the government is too scared to use them against mining companies.

Queensland Resources Minister Scott Stewart said he was disappointed a court would not hear charges in relation to the incident.

"The Mining and Energy Union has expressed anger and dismay over this decision," he said.

"I understand their disappointment. Workers deserve to return home safely after each and every shift.

"However, I respect the independence of the Work Health and Safety Prosecutor."

Mr Stewart said RSHQ was in the process of considering action against individuals in relation to the incident.

A spokesperson for Anglo American said they would not comment on the Work Health and Safety Prosecutor's decision.

Anglo American will avoid prosecution over the Grosvenor mine explosion.  (ABC Tropical North: Melissa Maddison)

Mining recommences

The Board of Inquiry heard there were 14 high-potential incidents of methane exceedence, considered near misses in the industry, at longwall 104 where the explosion occurred, in the eight weeks leading up to the May 2020 explosion.

The inquiry made 40 recommendations, including the need for more reviews and engineering studies of mining operations.

The mine began longwall operations again on Monday, almost 21 months after mining was paused.

Anglo American's metallurgical coal business chief executive Tyler Mitchelson said at the time that the restart followed significant investment in new equipment.

"Over the past 18 months, we have worked with leading industry experts and invested significantly in underground automation technology, remote operations, gas management and data analytics, to introduce a number of advancements in the way our underground metallurgical coal mines operate," he said. 

"Our scale in underground mining has allowed us to leverage technologies being developed and piloted at our other operations, to ensure [the] Grosvenor Mine restarted with the benefit of proven advancements in safety and technology.

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