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The National Heavy Vehicle Regulator (NHVR) has accepted an enforceable undertaking (EU) from two former directors of ex mining company Goondicum Resources, Mark McCauley and Jonathan Mattiske, in a bid to prevent other executives from failing to meet their Heavy Vehicle National Law (HVNL) obligations.
The EU stems from an NHVR investigation into the company’s safety policies and procedures, following the death of a haulage contractor Brock Rode on 17 May 2019 at Monto in Queensland.
NHVR Director of Prosecutions Belinda Hughes said the directors were charged with failing to exercise due diligence 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.”
Under the EU, 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.
The total cost of the EU initiatives is valued at approximately $72,000. Failures to comply with the EU can lead to a person or entity being prosecuted.
To read more about the enforceable undertaking visit www.nhvr.gov.au/law-policies/prosecutions/enforceable-undertakings