11th April 2018

The Department of Planning and Environment’s Resources Regulator has accepted an enforceable undertaking from Ulan Coal Mines Limited and Ulan West Operations Pty Limited, following the Regulator’s investigation into a workplace incident at Ulan West Coal Mine in 2015.

Late last year, the Regulator began prosecutions against the two companies following an incident at the mine on 26 November 2015, where a worker was seriously injured when he was struck by a pressure manifold that ejected during pipe pressure testing.

In response, the companies submitted a proposal for an enforceable undertaking; a legally binding agreement proposed by a company following an alleged breach which may be considered as an alternative to prosecution.

As part of the undertaking, the two companies have committed to a range of actions with a financial commitment of at least $502,744.

Part of the agreement is the development of a mental health training seminar for workers at the six coal mining operations in the western coalfields and the delivery of a skills workshop to share the incident learnings with the mining industry.

The undertaking will also fund essential rehabilitation equipment at the Mudgee Hospital and health facilities at Gulgong and Rylstone.

After careful consideration, the undertaking was accepted as it provided for significantly better outcomes than prosecution alone would achieve.

"This case serves as a timely reminder to mining operators of their obligations under the Work Health and Safety Act," NSW Resources Regulator Chief Compliance Officer Anthony Keon said.

"The undertaking is considered significant, and will provide tangible benefits to the mining industry and the community."

The companies must regularly report on their compliance with the undertaking and reimburse the Regulator’s investigation, legal and compliance monitoring costs.

Copies of the enforceable undertaking and decision, are available here: https://www.resourcesandenergy.nsw.gov.au/regulation/compliance-and-enforcement/enforceable/whs-undertakings