The NSW Resources Regulator has rejected a proposal by miner Endeavour Coal to undertake a number of safety actions, after a worker was seriously injured at the Appin North mine in 2019.
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The regulator will continue to prosecute Endeavour Coal, owned by South32, for breaches under the Work Health and Safety Act.
On June 8, 2019, when installing a new scraper conveyor at the underground mine, a 58-year-old labour-hire worker's foot became trapped in the machinery.
The incident led to the worker suffering severe crush injuries to his right foot, including a complete laceration of the sole.
The worker's great toe had to be amputated and following treatment the worker continues to suffer blood clots and severe pain from nerve damage, requiring medical treatment.
Following the incident, the NSW Resources Regulator undertook an investigation.
The investigation found that there was a failure to follow the mine's policy and procedures, including during the site introduction process as well as a failure to identify and mitigate risks.
Separate to the findings of the Regulator, Endeavour Coal implemented rectifications and improvements to the value of $121,351.
The results of the investigation led to the NSW Resources Regulator commencing prosecution of Endeavour Coal, alleging that the miner had contravened sections of the Work Health and Safety Act.
As part of workplace law, employers can submit a written undertaking, and the undertaking submitted by Endeavour Coal included a number of proposals, including a virtual reality training program, an animated safety video based on the incident, and provide NSW health with funds to assist support for children and young people's needs. The total cost of the undertaking would be at least $739,370.
The Regulator rejected this undertaking, arguing that the undertaking did not reflect the seriousness of the alleged offence and that prosecution would better provide general and specific deterrence.
In making its decision, the Regulator noted Endeavour Coal's "poor compliance history" with 170 notices by the regulator over the past seven years and one conviction when an injury occurred in 2006.
"Endeavour Coal demonstrated significant and ongoing systemic failures prior to, and at the time of, the incident," wrote Peter Day, executive director of the Resources Regulator in its decision to reject the undertaking.
A South32 spokesperson said that the business regretted the incident.
"We are committed to providing a safe workplace and after this incident occurred we reviewed the circumstances and implemented a number of safety improvements," the spokesperson said.
"We will continue to work with the New South Wales Resources Regulator on this matter."
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