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Berrima Coal Pty Ltd

Berrima Colliery, Medway - An electrician sustained fatal injuries after an area of unsupported roof under which he was working collapsed.

Date of incident
Decision date
Offence/allegation details
Contravention of section 15(1) of Occupational Health and Safety Act 1983.
Status/outcome
Guilty plea - Convicted, fined $91,000 plus costs.
Further information

Industrial Court of NSW judgment: [2001] NSWIRComm 130

Finalised

Oberon Quarries Pty Ltd

Oberon Quarry, Oberon - Serious injury to worker - arm caught in conveyor

Date of incident
Decision date
Offence/allegation details
Contravention of section 15(1) and 16(1) of Occupational Health and Safety Act 1983.
Status/outcome
Convicted, fined $10,000 plus costs.
Finalised

AM Hoipo & Sons Pty Ltd

Somersby Sand Quarry, Somersby - Fatality due to injuries sustained after being caught in conveyor.

Date of incident
Decision date
Offence/allegation details
Contravention of section 15(1) of Occupational Health and Safety Act 1983.
Status/outcome
Guilty plea - Convicted, fined $80,000 plus costs.
Further information

Industrial Court of NSW judgment: [2000] NSWIRComm 16

Finalised

Kembla Coal and Coke Pty Ltd

Coalcliff Colliery, Coalcliff - Burns to member of public from gas leak of abandoned mine.

Date of incident
Decision date
Offence/allegation details
-
Status/outcome
Convicted, fined $50,000 plus costs - Industrial Court.
Finalised

Blue Circle Southern Cement Ltd

Portland Quarry, Portland - Fall of dozer over highwall resulting in fatal injuries to operator.

Date of incident
Decision date
Offence/allegation details
-
Status/outcome
Convicted, fined $85,000 plus costs - Industrial Court.
Finalised

Clarence Coal Pty Limited

Clarence Colliery, near Lithgow. Roof fall injured workers. Failing to notify regulator of a 'high potential incident' between 27 October and 4 November 2021.

Date of incident
Commencement
Offence/allegation details
Contravention of Section 32 of Work Health and Safety Act 2011 by failing to comply with a health and safety duty under Section 19(1) of the Act. Contravention of Clause 128(1)(b) of Work Health and Safety (Mines and Petroleum Sites) Regulation 2014 (now repealed) for failing to notify the regulator of a 'high potential incident.
Status/outcome
In progress.
In progress

Regional Quarries Australia Pty Ltd and Robert Tucker (worker)

West Wyalong Quarry, West Wyalong.

Date of incident
Commencement
Offence/allegation details
Regional Quarries Australia - Contravention of Section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 19(1) of the Act. Robert Tucker - Contravention of Section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 28(b) of the Act.
Status/outcome
In progress.
In progress

Boral Resources Pty Ltd

28 instances of failing to ensure exposure standards for substances (silica) not exceeded and 8 instances of failing to comply with its duty to notify the regulator of certain incidents.

Date of incident
Commencement
Offence/allegation details
Contraventions of clause 49 of Work Health and Safety Regulation 2017 in 2018 and 2019 by exposing workers at the Peppertree Quarry to airborne concentrations of crystalline silica which were above legislated exposure standards. Failure to notify 8 instances in which respirable dust and silica exposure standards at the quarry were not met, as required by clause 128 of the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014. On 18 January 2024, clause 2.5 of the Workplace Exposure Standard for Airborne Contaminants (WES), which was central to the Local Court Proceedings, was amended. This resolved a dispute regarding the interpretation of clause 49 of the Work Health and Safety Regulation 2011 (NSW).
Status/outcome
Not guilty plea - Defendant convicted of 36 offences. Prosecutor filed an Application for Annulment of the convictions. Prosecutor given leave to withdraw the charges.
Further information

Date of incident: 22 – 23 August 2018 and 16 – 20 August 2019

Finalised

Maules Creek Coal Pty Ltd

Maules Creek Coal Mine, near Boggabri. Near miss between a haul truck and a light vehicle.

Date of incident
Commencement
Offence/allegation details
Contravention of Section 32 of Work Health and Safety Act 2011 by failing to comply with a health and safety duty under Section 19(1) of the Act. Contravention of Section 33 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(1) of the Act.
Status/outcome
In progress.
In progress

Young Mining Company Pty Ltd/Officer to the Young Mining Company Aditya Jhunjhunwala

Thuddungra Mine, Thuddungra - Worker fell onto conveyor and became trapped by feeding product from bin.

Date of incident
Commencement
Offence/allegation details
Contravention of Section 31 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 19(1) of the Act. Contravention of Section 32 of Work Health and Safety Act 2011 by an officer who had a duty under section 27(1) and failed to comply with a health and safety duty under Section 19(1) of the Act.
Status/outcome
In progress.
In progress