Australia’s NSW Resources Regulator has welcomed the conviction of LD Operations for failing to comply with a health and safety duty under the Work Health and Safety Act 2011, following a serious injury to a worker at the Mannering Colliery at Doyalson.

The conviction and AU$136,000 fine in the NSW District Court was the result of a prosecution by the NSW Resources Regulator over an incident in January 2016 in which a worker received a serious head injury. The company was also ordered to pay the prosecutor’s costs.

LD Operations provided labour and services to the mine operator and was the employer of the injured worker.

Judge David Russell found that the potential consequences of the incident were very serious and there were steps available to the defendant to eliminate or minimise the risk.

NSW Resources Regulator Director of Compliance Steve Orr said the judgement reflected community standards expected of mine safety.

“The Court’s ruling sends a strong message that the community expects mine operators to protect their workers and comply with their work health and safety obligations,” Mr Orr said.

“This matter serves as a timely reminder to companies to ensure they have appropriate controls in place.”

The worker was seriously injured while driving a loader underground at the colliery, when a damaged support strap hanging from the roof struck the man’s head near his left eye.

The incident left the employee with a severe head laceration which required medical treatment.

At the time of the incident, the mine was in a state of care and maintenance.

The conviction and fine follows the NSW Resources Regulator’s prosecution of the mine operator LakeCoal Pty Ltd in relation to the same incident. LakeCoal was convicted and fined AU$180,000 and ordered to pay the prosecutor’s costs.

The Regulator’s investigation report into the incident can be found here.

The court judgement can be found here.

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