NT WorkSafe has charged mine operator OM (Manganese) Ltd and the mine’s Chief Operating Officer, Mr Trevor Cook, over the 2019 death of a Mine Superintendent.

In August 2019, the Mine Superintendent entered an open cut pit to inspect a wall after four workers reported seeing sediment slipping from the wall. As he was inspecting the wall, a section gave way, burying him.

OM (Manganese) Ltd faces the following charges:

• seven charges of reckless conduct under section 31 of the Work Health and Safety (National Uniform Legislation) Act 2011 (WHS Act) for failing to ensure the health and safety of its workers under section 19(1)(a) of the WHS Act;
• 16 charges under section 32 of the WHS Act for failing to ensure the health and safety of its workers under section 19(1)(a) of the WHS Act; and
• one charge under section 33 of the WHS Act for failing to ensure the health and safety of its workers under section 19(1)(a) of the WHS Act.

Mr Cook faces the following charges:

• seven charges of reckless conduct under section 31 of the WHS Act for failing his duties as a worker to take reasonable care that his acts or omissions did not adversely affect the health and safety of other persons under section 28(b) of the WHS Act; and
• seven charges under section 32 of the WHS Act for failing his duties as a worker to take reasonable care that his acts or omissions did not adversely affect the health and safety of other persons under section 28(b) of the WHS Act.

If found guilty of all charges, OM (Manganese) Ltd faces a combined maximum penalty of $35,000,000, and Mr Cook faces a combined maximum penalty of $2,100,000 or 5 years in prison or both.

The matter is listed for the Darwin Local Court on 12 October 2021.