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Chilean copper miner Codelco and contractors fined following deadly mine collapse

According to inspection records obtained through public record requests, Codelco, a state-owned copper miner in Chile, was fined by the labor authorities for last year's fatal collapse of its El Teniente Mine. Three contractors, whose employees were killed or injured, were also sanctioned.

Six contract workers were killed and others injured in the aftermath of the underground?seismic occurrence that occurred on July 31, triggering a rock explosion at El Teniente - the largest underground copper mine in the world.

The files were obtained by requesting open records from the Chilean labor ministry. These fines in Chile are communicated directly to the employers, and they can be contested or reduced administratively. However, they are not usually disclosed publicly.

During the accident, the then-Labor minister Giorgio Boccardo stated 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, despite 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 El Teniente underground operations and the shutting down of those operations resulted in a reduction of copper production by tens or thousands of tons. This caused a disruption of shipments during a period of limited global supplies.

The accident also highlighted the geotechnical hazards facing Chile's old 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 "split liability framework" for subcontracted works.

Chile's labor law states that while the principal company, Codelco, can be punished for safety violations, contractors are directly liable as employers, for reporting accidents, risk assessments, worker assignments, and other compliance obligations.

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

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. A company was fined 340 UTM, or roughly $26,000 today, after a fatal accident on a construction site in 2007.

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 statement to that the seismic alert system had been activated 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 El teniente?mine director Andres Musik would be leaving his position. In February, three senior executives were sacked after an internal audit revealed inconsistencies or concealment in the aftermath of a rock explosion at the mine several years ago.

SUBCONTRACTORS WILL GET LARGER FINES

Zublin, a Strabag subsidiary, was among the three firms that were fined. This is because Zublin failed to report an injury to a worker within 24 hours.

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

The Austrian company refused to comment on a request.

SalfaCorp, a Chilean construction company, also sanctioned a unit after one of their workers died at the Andesita mine sector. Inspectors found that the company did not immediately notify authorities of the fatal accident, among other violations.

SalfaCorp stated in a press release that "internal protocol have been reviewed and strengthened to further strengthen safety standards and compliance in all of its operations."

The company said that the sanctions related to the reporting process and labor requirements, and had nothing to do with the cause of the accident.

The Chilean labor regulator fined Constructora Gardilcic as well, the unlisted contractor who's workers were killed and 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)