Charges laid as WorkSafe alleges reckless conduct at Bootu Creek Mine

NT WorkSafe has charged a mine operator OM (Manganese) Ltd, as well as the mine’s Chief Operating Officer, Mr Trevor Cook, with a total of 38 charges over the 2019 workplace death of a 59-year-old Mine Superintendent at Bootu Creek Mine.

In August 2019, the Mine Superintendent entered the open cut pit, known as Tourag Pit, after four workers, who had entered the pit, reported seeing sediment slipping from the wall earlier that day. Throughout the course of the day, nine workers entered the pit to carry out their duties.

Tragically, a section of the wall gave way, burying the Mine Superintendent, as he was inspecting the wall.  At the time of the incident, two workers were nearby in the pit and escaped without injury.

OM (Manganese) Ltd faces a total of 24 charges:

• Seven charges of reckless conduct under section 31 of the Act for failing to ensure the health and safety of its workers under section 19(1)(a) of the Act;
• 16 charges under section 32 of the Act for failing to ensure the health and safety of its workers under section 19(1)(a) of the Act; and
• One charge under section 33 of the Act for failing to ensure the health and safety of its workers under section 19(1)(a) of the Act.

Mr Trevor Cook faces a total of 14 charges:

• Seven charges of reckless conduct under section 31 of the Act for failing his duties as a worker to take reasonable care that his acts or omissions did not adversely affect the health and safety of other persons under section 28(b) of the Act.
• Seven charges under section 32 of the Act for failing his duties as a worker to take reasonable care that his acts or omissions did not adversely affect the health and safety of other persons under section 28(b) of the Act.

If found guilty of all charges:

• OM (Manganese) Ltd faces a combined maximum penalty of $35,000,000.
• Mr Cook faces a combined maximum penalty of $2,100,000 or five years in prison or both.

The matter is listed for the Darwin Local Court on 12 October 2021.

Note to Media: The next-of-kin has requested privacy.