The NSW Department of Industry’s Resources Regulator will begin prosecution proceedings against Hunter Quarries following the death of an employee at the Karuah Quarry in 2014.
The worker had been operating an excavator at the quarry, 50km north of Newcastle, when it rolled over, landing on a large rock that breached the cabin and fatally crushing them.
The regulator is commencing proceedings against the company for allegedly breaching the Work Health and Safety Act that resulted in the employee’s death. They will allege the excavator was not fitted with a rollover protective structure (ROPS), leaving the machine’s cabin with little protection in the event of a rollover.
The regulator is also claiming the company failed to provide a safe system of work for the operation of the excavator.
They have begun Category 2 proceedings under Section 32 of the Work and Safety Act for failing to comply with a health and safety duty.
Category 2 Work Health and Safety offences have a maximum penalty of $1.5 million.
The case is due in the District Court on October 24.