Hunter Valley mine operator avoids prosecution after workplace incident


A Hunter Valley sand mine operator has avoided court after the NSW Department of Planning and Environment’s Resources Regulator accepted an enforceable undertaking after a February 2016 workplace incident.

On 1 February 2016, a worker was injured when he fell from an articulated dump truck that was being unloaded at a Salt Ash plant.

The enforceable undertaking is a legally binding agreement between the Department of Planning and Environment’s Resources Regulator and the mine operator as an alternative to prosecution.

As part of the undertaking, the company has committed to a range of initiatives with a financial commitment of at least $341,697.50.

The proposed activities include developing and sharing an educational video on articulated dump truck safety, creating a presentation on learnings from the incident to present at five industry events and creating two internships at Sibelco sites for university students studying work health and safety.

The operator is also required to donate $190,000 to the Hunter Brain Injury Service Centre.

The operator has also committed to pay the Regulator’s costs of $171,752, making the total value of the undertaking $513,449.50.

“This case serves as a timely reminder to mining operators of their obligations under the Work Health and Safety Act,” NSW Resources Regulator Chief Compliance Officer Anthony Keon said.

“The undertaking is considered significant and will provide tangible benefits to the mining industry and the community.”

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