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GENERAL OBSERVATIONS.

1. Findings of the Jury. — The principal findings of the Jury were :—

 (1) 
That the explosion was an explosion of firedamp alone;
 (2) 
That it was caused by the firing of a shot in Dixon's Level;
 (3) 
That the firing of that shot was a negligent act on the part of the person who fired it;
 (4) 
That the evidence was insufficient to fix any person with manslaughter.

The Jury also made two recommendations :—

 (a) 
That the work performed by Fell, McMaster and Thwaites at the time of the accident was to be highly commended and was worthy of recognition, and
 (b) 
That more care should be taken in the filling in of various reports by the Deputies and the other officials.

I agree with these findings; and as regards the first recommendation, I agree that the rescue work done by Messrs. Fell, McMaster and Thwaites was of a highly commendable character. Further inquiry shows that two other workers, Richard Edwards and R. Thomasson, rendered similar service, and I suggest that letters of appreciation be sent by you to all these five men, and that their plucky and timely efforts to rescue their fellow workers be brought to the notice of the Carnegie Hero Fund Trustees with a view to obtaining the further recognition of their services which they certainly deserve.

As regards the jury's second recommendation, I have remarked elsewhere that when firedamp is discovered in a mine its position in the working place or road should in all cases be specifically stated in the Deputy's report. In many of the Deputies' reports brought under notice in this investigation such information was not furnished.

In the course of the Inquiry comment was made by the miners' representatives on the notation "workable" or place workable" made in some of the Deputies' reports after records of the finding of two per cent. of inflammable gas in Dixon's plane. This was explained to mean that the place was workable for hand hewing but that shots had not to be fired until the gas had been removed; if this is so, the observations should have been more explicit. At the same time, the only persons authorised to fire shots were the Deputies themselves, and every Deputy ought to know that to fire a shot in a plane which is not clear of inflammable gas would he a clear violation of Clause 6 (f) (ii) of the Explosives in Coal Mines Order of the 1st September, 1913.

Two other points raised by Mr. Herbert Smith in connection with the Deputies' report sheets may be mentioned here. Firstly, it was found that on the backs of the prescribed forms were additional reports containing such items as the work done by different shift men, the number of full and empty tubs at the top of inclines, and particulars of timber wanted. When timber is required, the fact should be stated on the prescribed form of Deputy's Report Book under the heading" Supply of Timber." If any other information is required to be recorded, such as particulars of the work done by individual workmen, it should be recorded in some other book than that intended for the reports of inspections of Deputies.

Secondly, certain of the Deputies habitually omitted to record in their reports the times at which they commenced and completed their statutory inspections, and Mr. Smith pointed out that this made it impossible to ascertain whether the inspections required before the commencement of work in a shift were actually carried out within the prescribed maximum period of two hours before the commencement of work. The Manager maintained that the record of these times is not specifically required by either the Act or General Regulations, but the Agent frankly admitted that they should have been recorded in the space provided on the prescribed form (Mines and Quarries Form 42). Incidentally, also, the Deputies' reports were made on separate sheets which were kept in bundles, instead of the original book form being preserved as it should have been.

2. Ventilation. — The system of ventilation adopted in the Ten Quarters Seam is not in keeping with the best mining practice in that the workings, which are all to the rise, are ventilated by a single current of air. This system probably produced adequate ventilation at first, but, as the workings extended to the rise and along level course right and left, the conducting of air became increasingly difficult. This difficulty was tackled by the present management, and overcome to some extent, by strenghening air stoppings, erecting air doors, etc. but despite these measures gas is frequently found in the workings, and it seems to me that the question of improving the general system of ventilating the seam is one that demands the serious attention of the owners and management.

3. Firedamp in the Mine. — During the week-end following Saturday, the 18th November, the face between Dixon's and Davidson's roads closed, causing a break in the roof between the two gates. The face had to be opened out afresh, and this was accomplished about the 23rd November.

Between the 13th and the 26th November 2 per cent, of firedamp was recorded in the Deputies' reports on 10 separate occasions in Dixon's place, either on the high side or in the brushing, while on the 27th (the day of the explosion) there was 2 per cent. in Dixon's brushing when the hewers commenced work at 5 a.m. There can be little doubt that gas was present in the break also. Earlier in the month, 2 per cent, had been found in Hoodless's place, which had been stopped and fenced off on three occasions since the 16th October. and 2 per cent. on five occasions in the high side of Jackson's place. Both these places were on the windward side of Dixon's so that any process of dispersing the gas in Hoodless's and Jackson's places would tend to vitiate the air in Dixon's working. There is, however no evidence that this occurred on the day of the explosion, for the reports contain no record of firedamp in Hoodless's or Jackson's place either on that date or during the previous fortnight.

In the month of October firedamp was frequently found in Hoddless's or Dixon's place, often in both, and was invariably reported as either 2 per cent, or 3 per cent. On many occasions it was simply described as having been found in such-and-such a working place, without stating whether it was found in the brushing or in the general body of the air current. At the Inquiry many questions were put to the officials in order to ascertain how it came about that the percentage of gas found was always either 2 per cent, or 3 per cent.

The following questions put by Major Scoular, to T. Telford, one of the Deputies, indicate the practice followed in reporting firedamp :—

On looking through your reports I see there is no variation in your gas reports at all. It is either 2 per cent. or 3 per cent.? — Yes.

What do you mean by 2 per cent? Is it 2 per cent, or is it anything up to 2 per cent ? What do you mean exactly by it? — Up to 2 per cent., per cent.

Is it in fact 2 per cent.? — You give the biggest estimate when you say 2 per cent., so that anyone going behind you cannot say there is a bigger percentage than what you say.

Do you mean to tell me then that you sometimes report 2 per cent, when only a half per cent. is there or 1 per cent.? — 1 per cent. or 1¼ per cent. probably.

You deliberately exaggerate it ? — Yes, if anything.

Why? — If anybody goes in to examine it, it is up to me to have the biggest percentage I can.

When you report 3 per cent. what do you mean? — Anything up to 5 per cent, 6, 7 or 8 per cent. When we say 3 per cent. we mean that we have found a 3 per cent. cap, and we do not go to the extent of testing any more.

If you find 3 per cent. do you report it as workable? — I find that it should be fenced off.

As a place containing 2½ per cent, of inflammable gas in the general body of the air must, by reason of Section 67 (2) of the Coal Mines Act. 1911, be deemed to be dangerous, it is certainly not desirable that a Deputy should go beyond a point where the gas may be explosive indeed, under General Regulation 16 no person trying or examining for the presence of gas with a safety lamp must raise the lamp higher than may be necessary to allow the presence of gas to be detected.

It is most essential that when a Deputy reports gas he should always specify at what point the impurity was found. That is to say, if it was in the general body of the air in the roadway, he should say so and state at what point in the road ; if it was in the brushing alone, or at the coal face, or in any cavity, he should report the fact, and whenever possible state the approximate dimensions of the body of gas. This is necessary in order that the officials in authority over him may be better able to devise means to get rid of the trouble.

 

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