AMSJ » Fractured skull results in enforceable undertaking for Sibelco

Fractured skull results in enforceable undertaking for Sibelco

enforceable undertaking
Sibelco accepted an enforceable undertaking following a fall from an articulated dump truck

Following investigations, the Resources Regulator began proceedings in the District Court at the start of this year, alleging the operator had breached the Workplace Health and Safety Act. The breach carried a maximum penalty of $1.5 million.

On Thursday, the Department of Planning and Environment’s Resources Regulator said in a statement it had accepted an enforceable undertaking from Sibelco. An enforceable undertaking is a legally-binding agreement proposed by a company, which may be considered as an alternative to prosecution.

As part of the undertaking, Sibelco has committed to a number of initiatives with a financial commitment of at least $531,697.50, the statement said.

The undertaking requires Sibelco to develop and share an educational video on articulated dump truck safety, share at five industry events a presentation on what it had learned from the accident and create two internships at Sibelco sites for university students studying work health and safety.

The undertaking also requires the company to donate $190,000 to the Hunter Brain Injury Service Centre.

As part of the agreement, prosecution of Sibelco will cease and the company will pay the regulator’s costs of $171,752, making the total value of the undertaking $703,449.50.

NSW Resources Regulator’s Mr Keon said the undertaking was accepted as it provided for significantly better outcomes than what could be achieved by prosecution alone.

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

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AMSJ April 2022