Date accepted: 9 February 2018

Incident

On 22 March 2015 two workers loss consciousness after allegedly being exposed to a toxic environment.

Alleged Breach

It was alleged that Downer EDI Mining Pty Ltd failed to comply with health and safety duties under Sections 32 and 39 of the Work Health and Safety (National Uniform Legislation) Act.

Summary of work health and safety undertaking

An undertaking given by Downer EDI Mining Pty Ltd in relation to the alleged contraventions has been accepted by the Regulator as an enforceable undertaking under Part 11 of the Act.

Downer EDI Mining Pty Ltd has committed to a range of activities to improve health and safety in the workplace and deliver health and safety initiatives to the wider community. These activities include:

  • Develop and implement a Digital Pre-Task Assessment Training Package (workplace inspections, ventilation and hazard rectification).
  • Develop and implement an electronic storyboard health campaign on healthy lifestyle, healthy heart, prostate cancer, mental health and make available to NT industry through distribution at industry forums.
  • Develop and implement a digital personal safety message campaign focussed on hazard awareness and hazard rectification including ventilation and heat stress management, and make available to NT industry through distribution at industry forums.
  • Present the findings of the incident and activities committed to under the enforceable undertaking to NT industry forums including, Mining the Territory Conference, Katherine Regional Mining and Exploration Forum and NT Safe Work Month.
  • Jumbo guard presentation to industry forums and/or sites.
  • Sponsor the Mining the Territory Conference and provide information on the digital health campaigns and digital safety messages.
  • Sponsor the Katherine Regional Mining and Exploration Forum.
  • Donation to Careflight NT.
  • Pay for four mental health first aid courses for community groups and members of the public.

The amount spent on work health and safety activities to date is $20,000.

The financial commitment of the activities proposed in the undertaking are:

  • workers or the workplace - $60,000
  • industry - $40,000, and
  • the community - $36,000.

The financial commitments to the undertaking have a total minimum expenditure of $136,000.

Reasons for regulator acceptance

The regulator accepted the enforceable undertaking under section 216 of the Act and is satisfied that this undertaking offers significant and ongoing commitments to achieve improved work health and safety outcomes and compliance beyond what is required by the law. The regulator believes the enforceable undertaking offers a similar deterrent to a successful legal proceeding and will result in a tangible improvement to safety in the workplace, industry and in the Darwin community.

NT WorkSafe has commenced monitoring the enforceable undertaking to ensure the activities are implemented and will continue to do so until the undertaking is completely discharged.