NT WorkSafe agrees on mining company sanction, charges withdrawn

‚ÄčNT WorkSafe has accepted an enforceable undertaking by Downer EDI Mining Pty Ltd over a 2015 incident in which two workers loss consciousness after allegedly being exposed to a toxic environment.

Downer EDI Mining was charged under the Work Health and Safety (National Uniform Legislation) Act in February 2017 and faced one charge contrary to Section 32, failure to comply with a health and safety duty, and one charge contrary to Section 39, failing to preserve an incident site.

The enforceable undertaking is a legally-binding agreement between NT Worksafe and Downer EDI Mining undertaken as an alternative to prosecution. The charges against Downer EDI Mining have been withdrawn.

If a company does not comply with an accepted enforceable undertaking, NT WorkSafe may apply for a court order to enforce compliance and impose financial penalties, as well as commence prosecution for the original alleged contravention.

Downer EDI Mining has committed to spend $136,000 on outcomes that improve the health and safety of the NT resources industry and benefit the wider community.

These outcomes include:

  • Develop and implement a digital pre-task assessment training package for workers
  • Develop and implement an e-health campaign on healthy lifestyle, healthy heart, prostate cancer, mental health for industry
  • Develop and implement a digital personal safety message campaign for industry
  • Present to industry the findings of the incident and activities committed to under the enforceable undertaking
  • Support Territory mining conferences and forums and provide information on the eHealth campaigns
  • Donate $20,000 to Care Flight NT
  • Pay for four mental health first aid courses for community groups and members of the public.

Executive Director of NT WorkSafe Stephen Gelding said Downer EDI Mining was not charged with a Category 1 offence, which enabled them to propose an enforceable undertaking.

“Downer EDI Mining will, as part of their undertaking, develop health and safety resources for workers and the NT Resources Industry,” Mr Gelding said.

“They will also present findings of this incident to educate the rest of the industry, which will have a greater benefit to improving health and safety within the company and wider industry.”

“Enforceable undertakings also provide benefits to the wider community, compared to a court imposed financial penalty.”

Peter Chan
0401 114 569