27th September 2018

The Department of Planning and Environment’s Resources Regulator has accepted an enforceable undertaking from Mangoola Coal Operations Pty Ltd, following the Regulator’s investigation into a workplace incident at the Mangoola Open Cut Mine in 2016.

On 10 October 2016, a worker was injured when the cabin of an excavator dislodged and tipped off the side of the excavator, with the operator still inside.

Following the Regulator’s investigation, the company submitted a proposal for an enforceable undertaking; 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, the company has committed to a range of initiatives with a financial commitment of at least $371,210.

The undertaking will provide training of all Mangoola maintenance workers and staff in human organisational factors in maintenance. Resources developed during the undertaking will also be made available to the broader mining industry to share the lessons learnt and enhance industry safety.

The undertaking will also fund community services and mobility for the elderly in the local community of Denman.

Mangoola has also committed to pay the Regulator’s costs of $93,500 making the total value of the undertaking $464,710.

After careful consideration, the undertaking was accepted as it provided for significantly better outcomes than prosecution alone would achieve.

"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."

Copies of the enforceable undertaking and decision, are available here: https://www.resourcesandgeoscience.nsw.gov.au/regulation/compliance-and-enforcement/enforceable/whs-undertakings