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WHS undertaking accepted from Clarence Coal Pty Limited

The Resources Regulator in NSW has accepted a WHS undertaking from Clarence Coal Pty Limited following an investigation into an incident on 2 November 2021 at the Clarence Colliery, near Lithgow.

The incident occurred when two workers suffered serious injuries including multiple spinal fractures when they were struck by falling roof ply rock weighing about 570kg.

The roof ply rock fell from an area in-between a hydraulic breaker line roof support and existing primary support roof bolts and mesh during pillar extraction operations.

An Investigation information release (PDF, 752.64 KB) regarding the incident was published by the regulator in December 2021.

On 31 October 2023, the Regulator commenced prosecution proceedings in the District Court in relation to the event, alleging that Clarence Coal Pty Limited had contravened section 32 of the WHS Act, by failing to comply with a health and safety duty under section 19 of the Act (a Category 2 offence). 

The Regulator has accepted a WHS undertaking from Clarence Coal Pty Limited that includes obligations on the operator to: 

  • commit that the behaviour that led to the alleged contravention has ceased and provide an assurance that steps have been taken to prevent a recurrence of the incident;
  • engage a third-party engineering company to design, develop and prototype an innovative medical evacuation patient support apparatus;
  • engage a registered training organisation to develop and deliver a bespoke Mining Industry Safe Supervision "Best Practice" Certification Package. 

For more information, see:

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