Hamiltons Blasting Services and David Hamilton fined and convicted over breaches of WHS Act
On 17 December 2021 the District Court of New South Wales convicted and fined Hamiltons Blasting Services Pty Ltd (HBS) $300,000 for an offence under section 31 (Category 1) of the Work Health and Safety Act 2011 (the WHS Act) for being reckless to the risk of workplace death or serious injury. This is only the second conviction for a Category 1 offence recorded in New South Wales.
HBS was also convicted and fined $12,000 for failing to notify the Regulator of the incident in accordance with section 15 of the Work Health and Safety (Mines and Petroleum Sites) Act 2013 (the WHSMPS Act) and $12,000 for disturbing the incident scene contrary to section 17 of the WHSMPS Act.
The convictions relate to a shotfiring incident which occurred at Albury Quarry, about 15 kilometres north of Albury, on 10 April 2018 when workers and members of the public were exposed to risks to their health and safety as a result of flyrock being ejected after a blast. The Resources Regulator produced a learning from investigations animation about the incident at Albury Quarry, which is available on the Regulator’s YouTube channel.