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Decision to reject a WHS undertaking given by Endeavour Coal

The NSW Resources Regulator has rejected the WHS undertaking given by Endeavour Coal in relation to a June 2019 incident that resulted in a worker suffering serious injuries to his toes and foot.

On 8 June 2019, a 58-year-old labour-hire worker suffered serious injuries to his toes and foot when it became trapped in a scraper conveyor while working underground at Appin North Mine, of the Appin Colliery, near Appin NSW.

On 22 April 2021, the Regulator commenced prosecution proceedings in the District Court in relation to the incident, alleging that Endeavour Coal had contravened section 32 of the Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19 of the Act (Category 2).

On 3 December 2021, Endeavour Coal submitted a draft WHS undertaking proposal to the Regulator.

Under section 216 of the Work Health and Safety Act 2011, the Regulator decided to reject the WHS undertaking given by Endeavour Coal. The Regulator decided the WHS undertaking does not satisfactorily reflect the objective seriousness of the alleged WHS offence nor does it bring with it both general and specific deterrence commensurate with that objective seriousness as prosecution proceedings would.

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