All the latest news in mine health and safety in NSW
View this email in your browser
Mine Safety News archive
11 August 2022
Share Share
Tweet Tweet
Forward Forward
On 3 August 2022 the District Court of NSW fined Endeavour Coal Pty Limited (ECPL) $400,000- for breaching section 32 of the Work Health and Safety Act 2011 (WHS Act). The fine was reduced 25% to $300,000 to reflect the early plea of guilty.

The conviction relates to an incident on 8 June 2019 when a worker suffered serious and permanent injuries to his toes and foot after becoming entangled in a scraper conveyor at Appin North mine. 

ECPL was convicted for failing to ensure the health and safety of workers when it exposed them to the risk of serious injury or death, as a result of a body part coming in contact with dangerous moving parts of an energised scraper conveyor.

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

The Regulator’s Executive Director Peter Day said the Court’s decision emphasised the importance of protecting workers and highlighted the hazards associated with the operation of plant underground.

“This incident highlights the need for operators to ensure that all plant is subject to operational risk assessment,” Mr Day said.

“Our investigation identified there were poor management and controls in place at the colliery, coupled with a poor handover to new team members. A number of documented systems of work designed to protect against the risk which eventuated were not implemented in practice.

“Mine operators should thoroughly read our investigation report and ensure they implement the recommendations to reduce the risk of injuries from conveyors and other equipment with moving parts.”

The media release is available on our website
Read the media release

Meet the Coal Team 

The Regulator's Coal Team operates out of our Maitland, Lithgow and Wollongong offices and covers all underground coal mines, open cut coal mines, coal handling and preparation plants, and coal exploration sites in NSW.

The team is led by Principal Inspector Bill Barraclough and consists of 19 Inspectors and our administration officer Karen Rivers. Recruitment is underway for 2 more inspectors to join the team.
The coal team also lends support to other units in the Regulator, with Craig Harris currently in the Central Assessment Unit (CAU), Mark McColl in the Emergency Management Unit and Tim Martin in the Subsidence Unit.
The major focus of the coal team is implementing the Incident Prevention Strategy. In the 12 months to the end of May 2022 the team has, as part of this strategy, undertaken 726 assessments of major hazards, 5 targeted interventions and deployed to 40 incidents that were reported through the CAU. Reports are generated for each assessment, each major hazard program and for each targeted intervention.
Inspectors are also active in writing safety alerts and bulletins. Additionally the team does joint inspections with the engineering teams on the Explosives Control Plan and Airborne Dust and assists with Australian Standards and licensing work. Some inspectors are also involved in competency examinations for the industry.
The team is also responsible for arranging the annual Site Safety and Health Representatives Conference and are active on SHR training days.

Visit our website

Dual conference hosted in Dubbo and Broken Hill a success

Earlier this month we hosted the inaugural Mining Engineering Managers (MEM) for underground mines other than coal mines in a dual conference hosted in both Dubbo and Broken Hill.

The 3 August forum was an opportunity for us to engage with industry regarding the major issues that affect MEMs in the underground metalliferous sector and for MEMs to network with their peers. 

The forum was well attended in Dubbo and Broken Hill and the 48 attendees heard informative presentations and networked during the session breaks.

A major theme of the forum was statutory obligations and what is required of the position holder. The keynote address was from our Chief Inspector Garvin Burns, who spoke to some of the key resources available on the Regulator’s website and outlined our approaches to regulation. 

This was followed by Senior Investigator Jason Gill’s excellent presentation on the Regulator’s approach to managing incidents on NSW mine sites and the key parts of legislation we utilise in our work. 

In the second session, Bruce Blunden from Cobalt Blue presented on its journey from cobalt explorer to becoming a producer and the lessons Cobalt Blue learnt in developing its safety management system. They are lessons that apply no matter the size of your operation. 

Following Cobalt Blue’s presentation Craig Reed from Newcrest’s Cadia operation outlined each iteration of design improvements for underground ventilation and traffic management. The new design of PC1 & 2 is the culmination of 25 years of learning and it is pleasing to see industry seeking to utilise the hierarchy of controls to improve traffic management and to improve dust and mitigate airborne contaminant. 

Finally, Regulator Inspectors Xavier Hill, David Gordon and Bill Costello gave presentations about tailings dams, ventilation and managing risk with structural plant. 

The forum on 3 August was our first MEM forum for underground mines other than coal and it was also the first dual conference between Dubbo and Broken Hill. It is an 8-hour drive to get from Broken Hill to Dubbo and the dual conference was well received by attendees in Broken Hill. It allowed mines in the Broken Hill area to participate in the forum and the networking opportunity provided, yet without the tyranny of distance.

The feedback from industry has been great. Since the conference participants have stated how productive the day was and they have already approached our team with papers they want to share with industry the next forum in early 2023.

Visit our website

How we use Australian Standards to improve mining safety

The Regulator is actively engaged with Standards Australia in developing and reviewing new and ongoing standards.

Standards Australia is the publisher of Australian Standards and is a non-government, not-for-profit standards organisation that represents the International Organisation for Standardisation (ISO) and International Electrotechnical Commission (IEC).

We take a 3-part approach to our engagement with Standards Australia’s work.

Standards that directly relate to, or are specific to mining, or are prescribed in WHS mining laws

We participate directly by being members of the committee for each standard that is considered relevant, for example, electrical and mechanical explosion protected equipment.

Standards that may have an impact on mining but are used widely outside of mining

We may participate in committees, or actively monitor those standards and provide public comment when requested.

Other standards that are not included in the categories above

We do not actively participate but we may respond if public comment is requested.

How should industry be involved?

It is very important that industry members participate in the development and review of Australian Standards. Standards that are used regularly by the mining industry should have mining industry representation on the committees, wherever relevant or appropriate.

Visit our website

Changes for quarry manager tier 2 practising certificates - 1 October 2022

This is a final reminder to mine operators and potential applicants that the following changes will soon take effect:

  • we will stop accepting applications after Friday 30 September 2022 for the assessment process for tier 2 specific location quarries with an inspector on site 
  • from 1 October 2022 the only process for new applicants will be to apply for an all tier 2 quarries certificate by satisfying the qualification and experience gazetted requirements.

Further information can be obtained from our Applying for a practising certificate webpage.

If you have specific questions contact the Mining competence team at or 1300 814 609 (option 2 and then 3).

More information

Update on work health and safety laws

Changes to the Work Health and Safety (Mines and Petroleum Sites) Act 2013 passed by NSW Parliament in May came into effect from 1 August.

The amendments were the result of recommendations from a 2020 statutory review into Work Health and Safety (Mines and Petroleum Sites) laws.

A key change is the issue of penalties for offences under the Act and Regulation. Rather than a monetary value, penalties will be expressed as penalty ‘units’ and indexed in line with the consumer price index.

The remaining Act amendments are relatively minor and include: 

  • updating references to ‘the Department’ to ‘Regional NSW’ and the ‘regulator’ to the ‘Resources Regulator’ 
  • codifying current practice for nationwide criminal record and other relevant probity checks for Ministerial appointment of industry safety and health representatives 
  • ensuring the Mining and Petroleum Competence Board Chair is independent of the entities that may nominate prospective board members 
  • enabling the service of documents on a person or a body corporate by email.
Read the Act

Work health and safety reports for FY 2021-22 are now overdue 

Annual work health and safety reports for the period 1 July 2021 through 30 June 2022 were due on 31 July 2022.

If you have not already submitted your reports for this period, you must do so immediately.

Head to the Regulator Portal to see a list of due reports for the mine/s your email address is authorised to notify.

Some operators are not required to submit a report, for example operators of exploration sites or non-coal mines where total hours worked in the period was less than 10,000 hours. Responses to the Resources Regulator Portal questions will assist in determining whether a report is required. 

For more information about work health and safety reports, please refer to our website, and guide.

You can also contact us via for any inquiries or to advise of any changes to your information.

More information

MEMSS 2022 - early bird tickets now available 

Early bird tickets have been released for the 2nd Mining Engineering Managers' Safety Seminar (MEMSS) held on 12-13 October, 2022 at the Sofitel Sydney Wentworth.

A full program will be released in the coming weeks. We encourage those keen to attend to take advantage of the early bird discount and secure your seat. Early bird tickets include the 2-day seminar and dinner on the 12 October, 2022. Limited tickets available.

Purchase now

Upcoming events 

Quarterly forums

Invitations for the above can be requested by emailing 

Opal mining safety workshops
See all upcoming events
In case you missed it...

In case you missed it...

The following are recent publications and updates available on our website:

Missed an edition? Visit the Mine Safety News online archive
Visit the Resources Regulator website
Further information:
Resources Regulator  |  1300 814 609  |

Subscribe to our YouTube channel

Mine Safety News online archive

Regional NSW, Resources Regulator
516 High St
Maitland, New South Wales 2320

Add us to your address book

Copyright © State of New South Wales through Regional NSW 2022
You are receiving this email because you subscribed to Mine Safety News through the NSW Resources Regulator website.
disclaimer | privacy | unsubscribe from this list | update your details