The following article is a general news item provided for the benefit of members. Its contents do not necessarily reflect the views of the Safety Institute of Australia.
Wednesday, 8 November, 2017 - 10:00
New South Wales
The NSW Department of Planning and Environment’s Resources Regulator has accepted an enforceable undertaking from Coal and Allied (NSW), following the regulator’s investigation into the company for alleged breaches of section 32 of the Workplace Health and Safety Act.
In October 2016, the regulator began proceedings against Coal and Allied (NSW) (formerly Rio Tinto Coal (NSW)) after an incident that occurred at Mount Thorley Warkworth mine on 2 October 2014, in which a worker was seriously injured after falling from a grader at the mine.
In response, Coal and Allied submitted a proposal for an “enforceable undertaking”, which is a legally binding agreement proposed by a company following an alleged breach which may be considered as an alternative to prosecution.
As part of the undertaking Coal and Allied has committed to a range of actions with a financial commitment of at least $677,000, which is in addition to an estimated $500,000 already spent on works carried out because of the incident.
A key component of the undertaking is the development and delivery of a project that is targeted at school leavers.
As part of the project an educational program incorporating a short film using virtual reality and a mobile app will be developed and trialled at two local schools.
The project will be subject to an independent review and resources will be made freely available to create a long-term education program.
The undertaking was accepted as it provided for significantly better outcomes than prosecution alone would achieve.