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NHVR accepts enforceable undertaking after workplace death

Mar 7th 2022

NHVR accepts enforceable undertaking after workplace death

The National Heavy Vehicle Regulator (NHVR) has accepted an enforceable undertaking (EU) from two former directors of an ex-mining company in central Queensland following the death of a worker at Monto in 2019.

The two directors proposed the undertaking following an NHVR investigation into the company's safety policies and procedures.

NHVR Director of Prosecutions Belinda Hughes said the directors were charged for failing to ensure safe transport activities.

"As part of the EU, the directors will pay for the development of a due diligence manual for executives to understand their obligations in the Chain of Responsibility under the HVNL," Ms Hughes said.

"Executives, in particular, must exercise their own personal due diligence obligations to check the company has ensured the safety of its transport activities, including the safety of all workers and independent contractors."

To avoid prosecution, the directors "must develop a suite of educational HVNL materials by February 2023, including a due diligence manual, induction video on the responsibility of executives, and a joint filmed presentation to the Australian Institute of Directors or similar groups summarising the events and lessons from the charges," NHVR said in a statement.

For more information about the enforceable undertaking, visit the National Heavy Vehicle Regulator's website.

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