A wrongful death case against Fortescue Metals Group (FMG) will go ahead after a Perth court saw no basis in the dismissal of charges.
The miner had previously sought a dismissal of the charges of failing to provide a safe workplace following the deaths of two workers after Cyclone George swept through FMG’s mining camp.
It stated that the laws under the Occupational Health and Safety Act for which it was charged did not apply as the miner is exempt.
Instead Fortescue claimed that its safety management procedures came under the Mines Safety and Inspection Act, aiming to have the case dismissed as the charges failed to identify the measures Fortescue should have taken to effectively avoid risks.
However, the court found no basis in these dismissal attempts.
The two workers were killed after Cyclone George hit Fortescue’s camp 100 km south of Port Hedland, on 9 March 2007.
Fortescue is the first of several companies to go to court over charges arising from the cyclone