Boral Resources Pty Ltd
28 instances of failing to ensure exposure standards for substances (silica) not exceeded and 8 instances of failing to comply with its duty to notify the regulator of certain incidents.
Date of incident
Commencement
Offence/allegation details
Contraventions of clause 49 of Work Health and Safety Regulation 2017 in 2018 and 2019 by exposing workers at the Peppertree Quarry to airborne concentrations of crystalline silica which were above legislated exposure standards. Failure to notify 8 instances in which respirable dust and silica exposure standards at the quarry were not met, as required by clause 128 of the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014. On 18 January 2024, clause 2.5 of the Workplace Exposure Standard for Airborne Contaminants (WES), which was central to the Local Court Proceedings, was amended. This resolved a dispute regarding the interpretation of clause 49 of the Work Health and Safety Regulation 2011 (NSW).
Status/outcome
Not guilty plea - Defendant convicted of 36 offences. Prosecutor filed an Application for Annulment of the convictions. Prosecutor given leave to withdraw the charges.
Further information
Date of incident: 22 – 23 August 2018 and 16 – 20 August 2019