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Chilean copper miner Codelco and contractors fined following deadly mine collapse

According to inspection records obtained through public records requests, Codelco, a Chilean state copper mining company, was fined after the deadly collapse of its El Teniente Mine last year. Three contractors, whose employees were killed or seriously injured, were also sanctioned.

Six contract workers were killed and others injured in a rock explosion at El Teniente underground copper mine in July. The sanctions, which had not been reported before, were imposed months after the underground seismic event.

The files were obtained from the Chilean labor ministry by means of open-records request. These fines in Chile are notified to the employer directly and are subject to administrative challenges or reductions. They are usually not disclosed publicly.

At the time, the then-Labor minister Giorgio Boccardo announced that his office, along with the mining regulator Sernageomin would investigate whether there had been any violations of labor safety rules.

A quake measuring about 4.3 on the Richter scale halted all underground operations in the vast mine complex, causing rescue efforts and safety checks.

Codelco incurred a large production cost as a result of the collapse. The company said that the slow restart of underground operations and the shutting down of underground operations in El Teniente reduced copper production by tens thousands of tons. This disrupted shipments during a period of tight global supplies.

The accident also highlighted the geotechnical risk? facing Chile's aged underground mines.

Contractors fined more than CODELCO

The records reveal that the three contractors received fines totaling about $87,000, while Codelco only paid out $20,000, reflecting Chile's system of split liability for subcontracted works.

Under Chile's labor law, while the principal company, Codelco, can be penalized for overarching failures in safety, contractors are directly responsible, as employers, for reporting accidents, risk assessment and worker assignment, among other compliance duties.

Labor inspectors found that Codelco did not have a written procedure detailing how seismic warnings are used to determine whether or not work should be halted or restricted.

According to a separate record of sanctions, after the accident, regulators found that Codelco had violated labor laws when workers were seen entering or preparing for entry into underground areas, while the mine suspension was still in effect.

According to Chilean labor laws, serious or fatal accidents can result in fines of up to 150 UTM (a Chilean tax unit linked to inflation) or approximately $11,000 today. In a 2007 case, the regulator imposed a penalty of 340 UTM, or roughly $26,000 today, on a construction company following a fatal accident.

Workers' safety specialists and labor advocates have questioned if such small 'penalties' are enough to deter major employers.

In 2011, after a mining accident, a Chilean House of Representatives investigation commission reported that it was essential to increase the fines to deter mining companies from violating safety regulations.

Since then, proposals to increase fines for workplace accidents that are serious or deadly have failed.

CODELCO DETAILS CHANGES

Codelco said that since the collapse it has tightened safety procedures to restart work at El Teniente. This includes adding safety briefings before shifts begin, improving communication underground, increasing checks on worker's locations, and reviewing protective gear.

Later, it was revealed that an independent panel headed by a former Anglo American chief executive officer was investigating what caused the accident. They were also looking at whether management problems or workplace issues played a part.

Codelco stated in a press release that the seismic alert system had been?active on the day of accident and that they have appealed against the fine imposed by the Labor Ministry.

The company said that a "legal proceeding is ongoing related to the supervision of worker entry during work stoppage", and it was waiting for a ruling from the authorities.

Codelco announced in August that Andres Musik, the El Teniente mine's manager, would be leaving his position. In February, three senior executives were let go after an internal audit revealed inconsistencies or concealment in the aftermath of a rock explosion at the mine a few years ago.

SUBCONTRACTORS WILL GET LARGER FINES

Zublin, a Strabag subsidiary, was among the three firms that were fined for failing to report an employee's death in 24 hours. Inspectors discovered that the company was aware of the death within two hours but did not notify the labor authorities until evening the next day.

The report stated that it is important to immediately notify the authorities to ensure safety for remaining workers.

The Austrian company didn't immediately respond to our request for a comment.

SalfaCorp, a Chilean construction company, was sanctioned for the death of one of their workers in the Andesita mine sector. Inspectors said the company, among other things, failed to report the fatal accident immediately to the authorities.

Salfa also failed to adequately protect its workers, according to the records.

SalfaCorp didn't immediately respond to an inquiry for comment.

The Chilean?labor regulator fined Constructora Gardilcic as well, the contractor who was not listed and whose workers had been?killed or injured at the Recursos North area of the mine.

Inspectors found that the company failed to report the accident on time, filed injury reports late and had a poor safety plan.

The authorities also found that Gardilcic failed to adequately account for the risks of violent rock explosions outside designated danger areas and placed some workers into jobs they weren't cleared to perform.

Gardilcic didn't immediately respond to an inquiry for comment.

LONG ROAD Ahead

Codelco said that the areas most affected by the accident would remain under strict restrictions as criminal, regulatory and technological investigations continue.

The company has promised a gradual restart that will be approved by the regulator, but it is unclear when normal operations can resume at the mine. (Reporting and editing by Christian Plumb, Aurora Ellis, and Kylie Madry)

(source: Reuters)