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Mine operator fined $487,500 over 2019 Bootu Creek fatality

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A workplace accident at the Bootu Creek Mine in 2019 resulted in the tragic death of a 59-year-old Mine Superintendent.

The mine operator, OM (Manganese) Ltd, has been convicted and fined $487,500 (after discount for an early guilty plea) by the Darwin Local Court for failing to ensure the health and safety of its workers under Section 19(1)(a) of the Work Health and Safety (National Uniform Legislation) Act 2011.

In August 2019, the Mine Superintendent entered the open cut pit for an assessment after four workers reported seeing sediment slipping from the wall earlier that day.

Unfortunately, a section of the wall gave way, burying the worker as he was inspecting the wall.

OM (Manganese) Ltd pleaded guilty to consolidated charges under Section 32 of the Act last month.

According to the Northern Territory’s Work Health and Safety Regulator, Peggy Cheong, this tragic incident could have been avoided if the mine operator had implemented all the recommendations made by several specialist consultants they had engaged for the safe operation of the mine.

Ms Cheong emphasised that mining is a high-risk industry and it is essential that any recommendations made for the safe operation of the mine are not ignored for operational efficiencies.

She further stated that in the days leading up to the tragic event, OM (Manganese) Ltd was aware of instability in sections of the pit.

“If the recommendations of previous consultants had been implemented, the pit should have been closed, and no workers would have been allowed to enter until additional monitoring had determined the extent of the movement of the wall that collapsed,” she said.

Ms Cheong called upon current and prospective mine operators in the Territory to learn from this tragic incident and ensure that all recommendations made by consultants they engage for the safe operation of the mine are implemented. She further advised them not to prioritise operational efficiencies over the safety of their workers.

OM (Manganese) Ltd was also required to pay a victim’s levy of $1000 and NT Work-Safe costs of $193,000.

The initial Section 31 and Section 33 charges were withdrawn, as were the charges initially laid against mine’s Chief Operating Officer, Mr Trevor Cook. 

Tennant & District Times 13 October 2023

This article appeared in Tennant & District Times, 13 October 2023.

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