Legal action launched by the family of a Central Queensland mine worker killed on the job alleges issues in machinery that led to the fatality were identified years before the incident.
Father of two Bradley Hardwick, 47, died underground at the Moranbah North Mine in 2019 after he was struck by a grader when the braking system failed.
Documents lodged in the Supreme Court in Mackay in February on behalf of Mr Hardwick's widow and children include a statement of claim that alleges there were known issues around brake testing and a failure to adopt modifications to ensure safety.
A claim has been lodged against Mr Hardwick's then-employer Anglo American, as well as Diversified Mining Services (DMS) and PPK Mining Equipment.
The claim outlines past and future losses of more than $6 million for Mr Hardwick's wife Lisa and the couple's two children, Isabella, 13, and Cooper, 11.
Lawyers for the family allege there was a failure in the duty of care and/or negligence by the parties that led to Mr Hardwick's death.
They allege the defendants should have been aware of the issues around the braking system in the grader and taken steps to ensure a safe work environment.
Tragedy underground
Mr Hardwick died when he was struck by the grader he had been driving during his shift at the Moranbah North mine.
He had worked for Anglo American for 17 years.
Investigations by the Mine Inspectorate to date show Mr Hardwick was travelling up a steep road towards the surface of the mine when the grader came to a halt and shut down.
Mr Hardwick left the vehicle and the service brake failed, and the park brake was not able to hold the vehicle on the incline.
Several other people were also injured when the grader hit a people mover.
'Living in survival mode'
Ms Hardwick said the family was still trying to adjust to life without Brad.
"To my lover, the one I wanted to grow old with, I love you with every cell of my being and soul," she said in a post on social media.
Last September, Ms Hardwick should have celebrated her 18th wedding anniversary with her husband.
Instead all she could do was imagine the adventures they could have shared together.
"I will continue to hold a space to grieve your absence," she posted on social media.
"The mix of emotions that we have all felt since you've been gone is extensive.
"Sad, lost, confusion being so dominant.
'A known problem'
The statement of claim alleges that as early as 2011, Anglo had identified that the park brake system of the grader could not be tested independently of the service brakes.
That meant any potential issues with the park brake could have been masked.
The statement of claim alleged a modification could have been made to allow for separate testing, which would have allowed for the identification of any faults before a catastrophic failure.
Analysis of the machinery carried out by engineering consulting firm Shakti Corp in 2011 and 2012 found the integrity of both brakes was in the lowest category.
Lawyers for the Hardwick family allege the information about modifications being needed was not passed on to the mine operators or the chief inspector of coal mines.
They also allege that before February 2020, the park brake on the grader was worn down to a point where it could no longer hold a grader stationary on an incline on its own.
Claim there was a series of failures
The statement of claim lodged in the Supreme Court alleges the site senior executive, the mine operator, as well as DMS and PPK, knew or should have known about the unacceptable level of risk workers were being exposed to.
They allege that DMS and PPK failed to inform the coal mine operator and the chief inspector of coal mines about the nature of the hazard and the significance of it.
They said modifications and proper testing would have identified issues with the park brake prior to the incident and Mr Harwick would not have died.
Anglo American, DMS and PPK are yet to file responses to the statement of claim.
No date has been set for a hearing.
Moranbah North is the same mine where a worker died last month after being struck by a load that was being moved underground.
