$35,000 reparation for hurt miner

Solid Energy has been fined $25,000 and ordered to pay $35,000 in reparation to a worker almost killed at its Terrace Mine in Reefton two years ago.

In a reserved decision, District Court Judge Murray Abbott said the survival of Rapahoe man John Ewen was a miracle.

If shortcomings in the state miner's approach to safety issues in the use of the Eimco 913 loader had been addressed, "the accident would not have happened", he said.

Solid Energy had admitted charges laid under the Health and Safety in Employment Act of failing to ensure the safety of an employee and failing to take practical steps to ensure a competent person examined a machine.

Mr Ewen was driving the loader down a tunnel on October 28, 2003, when the bucket hit a tunnel shield support in the drive.

The impact forced the rear of the loader towards the wall, the cab door came open and Mr Ewen, then 24, was propelled out and pulled underneath.

He suffered extremely serious injuries, Judge Abbott said, and spent three months in hospital.

The judge said it was a miracle Mr Ewen was not killed and he must be commended for his courageous response to his injuries.

- NZPA