Skip to content
Menu

Enforceable undertakings list

When an enforceable undertaking is accepted by the regulator, a copy of the agreement and any variations or withdrawal of the agreement will be published in the following list for five years.

This is in accordance with the Office of Industrial Relations (OIR) Publishing Policy.

For further information regarding the acceptance of enforceable undertakings, please refer to the Guidelines for the acceptance of an enforceable undertaking (PDF, 0.54 MB).

For more information or to organise a meeting, please contact us at enforceableundertaking@oir.qld.gov.au.

2022

Obligation holder: MSF Sugar Pty Ltd

Date accepted: 1 December 2022

Incident: On 6 July 2019, a workplace incident occurred in the evaporator area of the Gordonvale Sugar Mill, also known as the Mulgrave Sugar Mill (the Mill), where a worker employed by MSF Sugar Pty Ltd (MSF) to work at the Mill as an Effet (Evaporator) Operator was injured. While attempting to clear a blockage within the u-tube that sits below a flash tank, the worker was opening a flange attached to the u-tube when there was a surge of hot sand material that began flowing onto the worker. As a result, the worker sustained burns to 25 per cent of the body and a secondary psychological condition of post-traumatic stress disorder.

Alleged breach: It was alleged that the MSF, having a health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (WHS Act), failed to comply with that duty contrary to section 32 of the WHS Act.

Summary of undertaking:

In the event of an alleged contravention of the WHS Act, the WHS regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by a person who is alleged to have committed the contravention. The giving of an undertaking is not an admission of guilt and the acceptance of an undertaking is not a finding of criminal guilt in relation to the alleged contraventions. An accepted EU aims to deliver tangible WHS benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by MSF, in relation to the above alleged contravention, has been accepted by the WHS regulator as an EU under Part 11 of the WHS Act. The EU includes but is not limited to:

  • An acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention.
  • A statement of regret and assurance about future work health and safety (WHS) behaviours.
  • Disseminating information about the EU to board members, executives, employees and contractors.
  • Automating the Juice System at the Mill which will reduce the requirement of operators to physically interact with plant, remove the physical interaction between workers and the juice heating and clarification process and allow operators to fully control the process from an airconditioned control room.
  • Engaging a registered training organisation (RTO), to deliver bespoke training in the areas of safety management to MSF supervisors, senior executives and Australian based board members.
  • Engaging an external WHS consultant to deliver due diligence training to MSF senior executives and Australian based board members.
  • Engaging an external WHS/ergonomist consultant to review four work groups at the Mill and then develop and deliver a customised manual handling training program to the three sugar mills operated by the MSF Sugar Group (MSF Group).
  • Engaging a certified third-party auditor to conduct three audits of the MSF Group’s occupational health and safety management system (OHSMS) over the life of the undertaking. All audit reports, intended actions and actions implemented as a result of the audits, will be provided to the WHS regulator for compliance.
  • Preparing and delivering an industry presentation at an Australian Sugar Milling Council Safety Conference that will include lessons learnt from the incident, outcomes from the undertaking, legal liability, risk mitigation and legal compliance.
  • Providing safety and compliance presentations/training to businesses within MSF’s supply chain that will focus on industry-specific safety issues such as legal rights and obligations for key stakeholders in the chain of responsibility and social duty/legal responsibility to reduce the risk of harm to individuals in the context of forced/unskilled labour in supply chains.
  • Hosting and facilitating a forum for the local North Queensland Institute of Sugar Mill Engineers on the topic of Engineering Design, Build and Operator Safety to improve worker safety around plant design, installation and maintenance and to share lessons learnt from the incident and outcomes from the EU.
  • Engaging an RTO to provide Cardiopulmonary Resuscitation (CPR) training, free of charge for those attending the training to a minimum value of $10,000, for up to 200 local community members within the areas that MSF operate the three sugar mills.
  • Donating $2,000 to five local Men’s Shed Programs (total $10,000) to improve the health and wellbeing of members and reduce the number of men at risk from preventable health issues that may emanate from isolation.
  • Spending an additional $5000 per year over three years (total $15,000) towards a Television Cane Rail Safety Commercial to heighten community awareness and intervention for cane rail safety during the cane harvesting seasons.
  • Recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $563,359 including recoverable departmental costs.

View/download the enforceable undertaking and Regulator's reasons for decision (PDF, 1.86 MB) – 1 December 2022

Obligation holder: XYCON Pty Ltd trading as JD Constructions(XYCON)

Date accepted:  14 October 2022

Incident: On 23 April 2020, a subcontracted worker was injured during construction work to replace skylights at a domestic dwelling at Peregian Beach. The worker was on the roof replacing ridge caps towards the end of the day when the worker misjudged a step and placed a foot on a piece of brittle alsynite sheeting that formed part of a skylight. The sheeting broke and the worker fell approximately 5.1 metres to the ground, sustaining fractures to both legs, foot, right hip, a broken wrist, and dislocated fingers.

Alleged breach: It was alleged that XYCON failed to comply with health and safety duties under sections 19(1) and 32 of the Work Health and Safety Act 2011 (WHS Act).

Summary of undertaking: In the event of an alleged contravention of the WHS Act, the Work Health and Safety (WHS) regulator may as an alternative to prosecution, accept an enforceable undertaking (EU) given by a person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible WHS benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by XYCON, in relation to the above alleged contravention, has been accepted by the WHS regulator as an EU under Part 11 of the WHS Act and includes but is not limited to:

  • an acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future WHS behaviours
  • disseminate information about the undertaking to employees and subcontractors via a toolbox talk. The undertaking will also be published on the company website
  • engage an external WHS consultant to:
    • upgrade XYCON’s WHS Management plan into an Occupational Health and Safety Management System (OHSMS) consistent with ISO 45001:2018 OHS Management Systems
    • develop and deliver contractor management and WHS training to managers and supervisors in the implementation of the OHSMS and the WHS Management Plan.
    • deliver an OHS due diligence coaching program to the director through monthly coaching sessions over 12 months. As part of the program, the director will establish an Annual Occupational Health and Safety (OHS) Due Diligence Plan
    • write and/or produce a short story for an article or video about managing the risk of respirable crystalline silica in residential construction which will be published in an industry magazine or published as a video on JD Constructions social media accounts for sharing among the industry
    • deliver a half day young worker workshop to all employees to assist in learning and understanding the unique risk profile of young worker, especially in the construction industry
    • develop and publish a video about young workers in construction on XYCON’s social media accounts and through their industry and community networks
  • engage a certified third-party auditor to conduct three audits of the OHSMS over the life of the undertaking.
  • engage an external height safety specialist consultant to:
    • review the company’s current risk management practices for working on roofs/heights and develop dedicated Safe Working at Heights and Safe Working on Roof (SWHSWR) Procedures within the OHSMS, and
    • conduct a dedicated SWHSWR toolbox talk with all employees to implement the risk management procedure and increase their knowledge and skills for how to safely at heights and on roofs
  • purchase higher-order safety controls for working at heights and/or implementing priority actions arising from the SWHSWR assessment to reduce the risks identified with working at heights
  • ensure all workers complete the RIIWHS204E - Work Safely at Heights Training.
  • engage an external specialist company to provide a:
    • Controls Impact Assessment and Priority Setting (CIAPS) program that will manage, monitor and measure, the effectiveness of dust controls on XYCON project sites over a 12-month period, and
    • one day respiratory protective equipment (RPE) testing ‘pop-up’ centre for up to 40 local workers to book in for a free RPE fit test at a local community facility in the Noosa area
  • engage an external mental health consultant to deliver a minimum of two mental health workshops for all workers
  • donate building materials to assist in the construction of a local Australian Football Club’s (AFL) new Health and Wellbeing Centre which will include a Mental Health Hub and facilities for female, junior and AFL inclusion teams
  • recover departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $100,873 including recoverable departmental costs.

View/download the enforceable undertaking and Regulator's reasons for decision (PDF, 0.83 MB) – 14 October 2022

Obligation holder: BE Steel Fixing Pty Ltd

Date accepted: 23 September 2022

Incident: On 27 April 2018, a reinforced steel mesh mat manufactured by BE Steel Fixing Pty Ltd (BES) was being craned into position as part of the construction project for the Toowoomba Second Range Crossing. As the mat was being lifted, two steel reinforcing bars (approx. 35kgs each and 6.8 meters long) fell from the mesh mat. Both bars that fell struck a work vehicle adjacent to the lift area and one of the bars brushed a worker’s (Dogman) arm. No injuries or illnesses were sustained as a result of the incident.

Alleged breach: It was alleged that BES failed to comply with health and safety duties under sections 23(2) and 32 of the Work Health and Safety Act 2011 (WHS Act).

Summary of undertaking: In the event of an alleged contravention of the WHS Act, the Work Health and Safety (WHS) regulator may as an alternative to prosecution, accept an enforceable undertaking (EU) given by a person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible WHS benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by BES, in relation to the above alleged contravention, has been accepted by the WHS regulator as an EU under Part 11 of the WHS Act and includes but is not limited to:

  • an acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future WHS behaviours
  • disseminate information about the undertaking to employees by email, on noticeboards and via a WHS meeting held by BES senior executives. The undertaking will also be published on the company website for employees and relevant parties.
  • engage an external WHS consultant to:
    • develop and implement an online Occupational Health and Safety Management System (OHSMS) consistent with ISO 45001:2018 OHS Management Systems
    • develop, implement and deliver a health and safety, environmental and quality (HSEQ) internal training course for all company directors, managers and supervisors
  • engage a certified third-party auditor to conduct three audits of the OHSMS over the life of the undertaking
  • employ a suitably qualified WHS Officer (WHSO) in a part time position for a minimum of two years to assist in building capabilities within the business and implementing the EU deliverables
  • participate in and provide $10,000 in funding to the University of Queensland (UQ) for students to complete an Industry Occupational Hygiene Research Project as part of the Master of Occupational Hygiene and the Dual Master of Occupational Hygiene and Master of Occupational Health and Safety (OHS) Science Programs at UQ. Following completion of the research and design of the control strategy, BES have committed a minimum of $5,000 to implement controls or priority actions recommended from the study within the workplace
  • engage the Queensland branch of the Australian Institute of Health and Safety to conduct a Small/Medium-Sized Construction Business OHS Forum in Brisbane that will focus on key topics including presentations on safe work method statements, shared duties and obligations, implementing the online OHSMS, lessons learnt from the hygiene research project and mental health within construction
  • donate $5,000 to This Is A Conversation Starter Foundation Ltd to assist in improving the quality of workers’ mental health in the industry and the community
  • recover any departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $145,724 including recoverable departmental costs.

View/download the enforceable undertaking and Regulator's reasons for decision (PDF, 5.03 MB) – 23 September 2023

Obligation holder: Logan City Council

Date accepted: 9 June 2022

Incident: On 7 September 2019, a Logan City Council (LCC) employee sustained facial injuries during a workplace incident located at Chatfield Park, Edens Landing. The employee was part of a sewer maintenance crew dispatched by LCC to investigate a blocked sewer. Due to the location of the sewer, located in dense bushland, workers had to use a manually operated sewer rod, with pull out/turn handles, in an attempt to clear the blockage. After several attempts to clear the blockage, the employee was turning the handles to twist the sewer rod into the sewer again, when one of the handles detached under tension from the sewer rod. The employee lost the grip on the device and the metal handle of the device spun violently and struck the employee in the face causing a fractured jaw and cheekbone, dental damage, and lacerations to the lips.

Alleged breach: It was alleged that the LCC, failed to comply with health and safety duties under sections 19(1) and 32 of the WHS Act.

Summary of undertaking: In the event of an alleged contravention of the WHS Act, the Work Health and Safety (WHS) regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by a person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible WHS benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by the LCC, in relation to the above alleged contravention, has been accepted by the WHS regulator as an EU under Part 11 of the WHS Act and includes but is not limited to:

  • an acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future WHS behaviours
  • disseminate information about the undertaking through communications to all staff, safety notices, reports to the mayor and elected representatives and LCC's Annual Report
  • purchase an additional high-powered Jet Rodder, as a spare for on-call work crews, that will be truck mounted to improve accessibility and manoeuvrability to worksites
  • engage a third-party engineering consultant to research best practice and emerging technologies in effective management of blocks and chokes in areas of access difficulty
  • deliver "This is Health and Safety Workshops" via face-to-face workshops, team briefs, toolbox talks and e-learning modules
  • engage a third-party Occupational Health and Safety consultant to assist the LCC with developing, facilitating and implementing Office of Industrial Relations' (OIR) Participative Ergonomics for Manual Tasks (PErforM) program.
  • engage a third-party auditor to conduct a risk assessment of all LCC tools and equipment with a focus on high risk/low use. LCC will then develop a verification of competency matrix and ensure training is provided for the specified tools and equipment
  • engage a third-party auditor to conduct an audit and follow up audit of the LCC's contractor management process and employ an internal dedicated resource to facilitate this program and ensure ongoing continuous improvement to contractor management
  • trial 'Risk Talk', a voice powered workplace safety application, enabling work crews to complete safety assessments and work planning verbally, rather than using the current paper-based job safety environmental analysis (JSEA)
  • employ a dedicated Principal Health and Safety Advisor for an initial three years to manage the development of this undertaking and then transition into a project management, compliance and reporting role associated with all activities within this undertaking
  • engage a third-party auditor to conduct two audits of the LCC's Occupational Health and Safety Management System (OHSMS) with all reports, intended actions and actions implemented from all audits provided to OIR
  • present and share lessons learnt from the incident and any associated outcomes from this undertaking at various forums
  • provide an annual vocational internship (over three years) for students completing a Bachelor of Occupational Health and Safety through the University of Queensland
  • develop a "Community Learning and Development Program" to provide assistance and expertise through four free workshops and training sessions for community members, services, and organisations
  • recover any departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $638,724, including recoverable departmental costs.

View/download the enforceable undertaking and Regulator's reasons for decision (PDF, 0.55 MB) – 9 June 2022

Obligation holder: Premier Ducts (Qld) Pty Ltd and Mr Sau Van Tran (Director)
Date accepted: 14 April 2022

Incident: On 29 August 2019 a worker, employed by Premier Ducts (Qld) Pty Ltd (Premier), was folding sheet metal on a piece of plant known as the Formtek B&K Pan Brake. The worker observed that the folding blocks of the plant were not aligned and placed their left hand under the press in an attempt to align the rear folding block with the front block. As the worker commenced moving the rear block, the worker accidentally placed a foot on the foot pedal which activated the folding blocks in a downwards stroke.

As result the worker sustained a large laceration and crush injuries to the left hand.

Alleged breach: It was alleged that between:

  • 1 October 2017 and 30 August 2019, Premier, having a health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (WHS Act), failed to comply with that duty contrary to section 32 of the WHS Act;
  • 6 March 2019 and 30 August 2019, Mr. Tran (a Director of Premier), having a health and safety duty under section 27 of the WHS Act, failed to comply with that duty contrary to section 32 of the WHS Act.

Summary of undertaking:  

In the event of an alleged contravention of the WHS Act, the WHS regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by a person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible work, health and safety (WHS) benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

A combined undertaking given by Premier and Mr Tran, in relation to the above alleged contraventions, has been accepted by the WHS regulator as an EU under Part 11 of the WHS Act and includes a commitment to:

  • an acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future WHS behaviours
  • dissemination of information about the undertaking through a dedicated toolbox meeting to workers and a presentation to Premier’s management and leadership
  • employ an Administration/WHS Officer (WHSO) and a Rehabilitation and Return to Work Coordinator (RRTWC) who will complete a Certificate IV in WHS and Workplace RRTWC course and develop an occupational health and safety management system (OHSMS) procedure
  • engage an external occupational health and safety (OHS) consultant to:
    • develop and implement an online bilingual OHSMS with documented information available to workers in both English and Vietnamese and designed to address the varying literacy levels in the workforce;
    • mentor and coach, the new WHSO/RRTWC to improve their health and safety knowledge and capability to maintain the OHSMS;
    • develop and deliver core OHS induction and training for workers in English and Vietnamese and conduct a literacy assessment to ensure the training meets worker needs;
    • engage an ergonomics consultant to undertake a hazardous manual tasks assessment and then develop and deliver a custom hazardous manual tasks training course to all employees, taking into consideration literacy levels;
    • provide a Directors OHS coaching program with monthly coaching sessions for Mr Tran with the intention to teach and support Mr Tran regarding duties as an officer under safety laws and the importance of OHS in the Australian culture.
  • engage a certified third-party auditor to conduct three independent audits of Premier’s OHSMS over the life of the undertaking and ensuring any recommendations identified within the audits are recorded as actioned and implemented
  • participate in industry occupational hygiene research projects conducted by the University of Queensland and providing funds for students to visit Premier’s worksite and plan, execute, interpret, and report on the collection of occupational hygiene data, including designing a control strategy for chemical, physical, or biological hazards
  • host a supply chain forum in the Heathwood business precinct where Mr Tran will present on the lessons learnt and initiatives arising from this undertaking
  • host a Vietnamese Brisbane business forum where Mr Tran will present on managing health and safety, lessons learned and specified initiatives arising from this undertaking. The forum will also include a notable Vietnamese guest speaker from the broader Australian Vietnamese community who will also speak about business management mindset and safe working environments
  • recover departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $331,984 (Premier - $309,724, Mr Tran - $22,260), including recoverable departmental costs.

View/download the enforceable undertaking and Regulator's reasons for decision – 14 April 2022 (PDF, 0.55 MB).

An enforceable undertaking may be withdrawn or varied where compliance with the undertaking is subsequently found to be impractical, or where there has been a material change in the circumstances.

View/download Variation for Premier Ducts (Qld) Pty Ltd and Mr Sau Van Tran (Director) – 10 January 2023 (PDF, 0.2 MB)

2021

Obligation holder: USG Boral Building Products Pty Ltd
Date accepted: 9 September 2021

Incident: On 2 May 2018, a worker sustained injuries while working at a USG Boral Building Products Pty Ltd (USG Boral) warehouse located in Burleigh Heads. At the time of the incident, the worker was working in the courtyard of the warehouse, as was another worker who was driving a forklift (forklift operator) and using it to move product from a rack. While the forklift was stationery and facing the rack, the worker approached the forklift and removed a clipboard that was stored on the forklift. The worker then moved approximately four metres away to the rear of the forklift and stopped to read from the clipboard. As the forklift operator began reversing the forklift, driving backwards and turning slightly right, the forklift struck the worker. The worker became lodged underneath the forklift, sustaining fractures to the ankle, shoulder, rib cage and spine.

Alleged breach: It was alleged that USG Boral had a health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (WHS Act) and failed to comply with that duty contrary to section 32 of the WHS Act.

Summary of undertaking: In the event of an alleged contravention of the WHS Act, the Work Health and Safety regulator (WHS regulator) may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible WHS benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by USG Boral in relation to the above alleged contravention has been accepted by the WHS regulator as an EU under Part 11 of the WHS Act and includes but is not limited to:

  • acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future WHS behaviors
  • maintain their Occupational Health and Safety Management System (OHSMS) for the term of the EU and undergoing third party auditing to ensure compliance
  • disseminate copies of, and information about the EU activities and outcomes through formal presentations and an employee awareness campaign to USG Boral’s staff
  • develop and implement a safety behaviour program (SafeStart Program) in all Queensland USG Boral trade stores and if proven effective, rolled out in trade stores in other States
  • engage a consultant to review and complete an assessment on the effectiveness of traffic management risk controls implemented following the incident
  • develop and implement a closed-circuit television (CCTV) review program for the USG Boral trade stores network in Queensland
  • implement an artificial intelligence (AI) solution to monitor dynamic exclusion zones in real time around forklifts at USG Boral Queensland trade stores
  • purchase and implement new equipment throughout USG Boral’s national trade store network to reduce manual handling and separate forklifts from pedestrians
  • partner with TAFE Queensland to promote and enhance safety in the workplace through the development of a non-immersive game style virtual reality safety training program
  • present on the lessons learnt from the incident and the outcomes of this undertaking at a Gypsum Board Manufacturing Association meeting
  • recover departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $518,637 (including recoverable departmental costs).

Obligation holder: Ferrovial Construction (Australia) Pty. Ltd. (formerly Ferrovial Agroman (Australia) Pty. Ltd.) (Ferrovial)

Date accepted: 29 November 2021

Incident: The undertaking relates to four incidents that occurred between 15 August 2017 to 27 April 2018 during a construction project that covered a 41km road bypass route to the north of Toowoomba:

  • Incident 1 involved a mobile concrete pump rollover – On 15 August 2017, a truck mounted mobile concrete pump operated by a subcontractor was set up at a location that did not have a clear level area of ground or firm base capable of supporting the pump unit. As the stabilising boom was extended, the pump unit became unbalanced and tipped over.
  • Incident 2 involved the risk of falls and non-operational egress/access – On 1 March 2018, subcontracted workers were exposed to a number of risks when entering an area of the viaduct bridge construction which included falls risks and a non-operational hoist lift used for emergency access and egress for workers.
  • Incident 3 involved falls risks and risk of injury from uncapped vertical steel reinforcing bar – Between 21 and 23 April 2018 while working at Pier 2 and 3 of the project, subcontracted workers were exposed to a number of falls risk and the risk of injury from an uncapped vertical steel reinforcing bar.
  • Incident 4 involved a crane incident - falling objects – On 27 April 2018, a subcontractor was lifting steel mesh by crane to Pier 3 of the project when two steel reinforcing bars separated from the mat and fell to the ground, exposing subcontracted workers to the risk of injury. One of the bars struck a stationary vehicle located in an exclusion zone and the second brushed the arm of a dogman.

No injuries or illnesses were sustained or suffered as a consequence of the above incidents.

Alleged breach: It is alleged that Ferrovial had a health and safety duty under section 19(1) and 20 of the Work Health and Safety Act 2011 (WHS Act) and failed to comply with those duties contrary to section 32 of the WHS Act.

Summary of undertaking: In the event of an alleged contravention/s of the WHS Act, the WHS regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible WHS benefits to workers and the workplace, industry and the community, which would not achieved through a prosecution.

On 29 November 2021, the WHS regulator accepted an EU given by Ferrovial in relation to the above alleged contraventions. The EU includes a statement of the facts and circumstances of the alleged contravention, a statement of regret and an assurance by Ferrovial about future WHS behaviours. The EU also requires Ferrovial to undertake a number of commitments including but not limited to:

  • Maintaining their Occupational Health and Safety Management System (OHSMS) for the term of the EU and undergoing third party auditing to ensure compliance.
  • Disseminating information about the EU to Ferrovial managers, parent company Corporate Director, project leadership team, workers and subcontractors for any construction project on foot.
  • Engaging Dr. Tristan Casey through Griffith University and an external legal provider, to conduct due diligence workshops for all Ferrovial senior managers, including the managing director. If a construction project is on foot, an invitation will be extended to the project’s senior management to attend these workshops.
  • Engaging Dr. Drew Ray from the Safety Science Laboratory, Griffith University to conduct research relating to mobile plant with the overall goal to improve the effectiveness of safety management for heavy vehicle movements and lifting operations on construction sites.
  • Publishing the results of the Griffith University research project freely, submitting it for publication to a peer reviewed journal and presenting the results at a minimum of three different conferences focussed on industry and/or practitioners to reach as wide an audience as possible.
  • Following the Griffith University research project, engaging Safekon Consulting Pty Ltd, to design and develop a mobile plant safety management system for use in the construction industry, and upon completion;
    • identifying and implementing improvements within Ferrovial’s OHSMS and operational standards; and
    • making the system available to construction industry participants through construction industry bodies (e.g., the Australian Constructors Association).
  • Commissioning Professor Richard Johnstone from the School of Law at the Queensland University of Technology to complete an academic paper on legal and policy issues involved in the use of ‘pure risk’ prosecutions under the WHS Act. On completion and once finalised:
    • the academic paper will be provided to Office of Industrial Relations (OIR) and a shortened version to the Queensland Work Health and Safety Board and Ferrovial’s senior managers;
    • Professor Johnstone will present the paper in an hour-long seminar to OIR, organised by Ferrovial and two industry forums; and
    • a revised version of the paper will be submitted to a refereed academic journal and a shortened version submitted for publication to at least one trade journal.
  • Funding an external consultant, SafeAssure Pty Ltd, to assist Landcare Australia (Landcare) in developing and recommending improvements to Landcare’s online WHS training resources used to support their community volunteer groups.
  • Funding to Suicide Prevention Australia (SPA) to assist with a workplace suicide prevention project. Tools developed as part of this project will be made available via SPA’s website and social channels and promoted to its members via the Monthly Member Brief.
  • Donating $50,000 to Hope Assistance Local Tradies (HALT) to assist with its current work, and in particular, targeted towards funding a Project Worker to be available to tradies and apprentices in a new community not yet covered by HALT for up to one year.
  • Recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $520,624 (including recoverable departmental costs).

Obligation holder: Sun Metals Corporation Pty Ltd

Date accepted: 29 November 2021

Incident: On 16 May 2015, a worker employed by Sun Metals Corporation Pty Ltd (SMC) received fatal crush injuries while working in the downstairs section of the tippler area at SMC’s zinc refinery near Townsville.

Alleged breach: It is alleged that SMC had a health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (WHS Act) and failed to comply with those duties contrary to section 32 of the WHS Act

Summary of undertaking:

In the event of an alleged contravention of the WHS Act, the WHS regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible work health and safety benefits to workers and the workplace, industry and the community, which would not be achieved through a prosecution.

On 29 November 2021, the WHS regulator accepted an EU given by SMC in relation to the alleged contravention. The EU includes a statement of the facts and circumstances of the alleged contravention, a statement of regret and an assurance by SMC about future WHS behaviours. The EU also requires SMC to undertake a number of commitments including but not limited to:

  • Maintaining their Occupational Health and Safety Management System (OHSMS) for the term of the EU and undergoing third party auditing to ensure compliance.
  • Disseminating information about the EU to SMC workers, Health and Safety Representatives and Work Health and Safety Committees, the family of the worker and Aurizon as the other entity connected to the incident.
  • Acquiring, implementing and maintaining a license to integrate an electronic permit to work system.
  • Installing seven automated stainless-steel drip trays that will move between the hoppers and the leaching and purification filter press (LPFP) during the cleaning process. This will remove the risk of spent leakage currently identified via visual checks by an operator.
  • Automating the LPFP to further reduce the risk of hydrogen generation.
  • Separating the acid re-pulper tank to the outside of the LPFP building to ensure workers are separated from the re-pulper tank if an incident occurs.
  • Engaging Griffith University to develop safety leadership training for a superintendent from each of SMC's three operational areas.
  • Twenty-one SMC team leaders will undertake training in Certificate IV Work Health and Safety.
  • Implementing an 'Exceptional Safety Culture' program at SMC in conjunction with Griffith University's Safety Science Innovation Laboratory.
  • Providing additional funds to SMC's three HSEQ Committees to develop and implement safety initiatives proposed by each HSEQ committee for the term of the undertaking.
  • Funding a study into the effect of smelter emissions on worker lung function in conjunction with Wollongong University's Occupational Hygiene Specialisation.
  • Co-hosting an event, for each year of the undertaking, in conjunction with the Port of Townsville during Safe Work Month.
  • Sponsoring a local suitably qualified radiologist to become certified by the National Institute for Occupational Safety and Health (NIOSH) in its 'B' Reader' program. NIOSH has developed a set of standards for radiologists to achieve, to demonstrate their ability to read x-rays in particular for pneumoconiosis.
  • Recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $2,801,187.13 (including recoverable departmental costs

An enforceable undertaking may be withdrawn or varied where compliance with the undertaking is subsequently found to be impractical, or where there has been a material change in the circumstances.

View/download variation for Sun Metals Corporation Pty Ltd (PDF, 0.25 MB) – 31 March 2022

2020

Obligation holder: Followmont Transport Pty Ltd
Date accepted: 21 December 2020

Incident: On 22 November 2017, a linehaul truck driver (worker) employed by Followmont Transport Pty Ltd (Followmont) sustained serious injuries while operating a forklift to unload/load freight at a shared freight depot in Moranbah.

While holding the unsecured ends of three load restraint straps to position them over the load, the worker loaded a cage containing parcel freight onto the truck with the forklift.

As the worker reversed the forklift away from the truck, the straps became entangled around the workers foot, pulling the worker forward toward the steering wheel and against the accelerator of the forklift.

This action pulled the worker out of the forklift cabin onto the ground and the forklift swung around, reversing unmanned into the truck.

As a result, the worker sustained a compound fracture to the left femur and a severed artery in the left ankle.

The worker did not hold a high-risk work licence to operate the forklift.

Alleged breach: It was alleged that Followmont had a health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (WHS Act) and failed to comply with that duty contrary to section 32 of the WHS Act.

Summary of undertaking: In the event of an alleged contravention of the WHS Act, the regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible work health and safety (WHS) benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by Followmont in relation to the above alleged contravention has been accepted by the regulator as an EU under Part 11 of the WHS Act and includes but is not limited to:

  • acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future WHS behaviours
  • maintain their Occupational Health and Safety Management System (OHSMS) for the term of the EU and undergo third party auditing to ensure compliance
  • develop in consultation with software developers and current platform providers:
    • Linehaul Rostering Software to measure combined data from current Followmont information technology (IT) systems and integrate into one business intelligence system to address licensing, fatigue and high-risk activities
    • Linehaul Analytics Software that will integrate information from current Followmont IT platforms to enable managers to generate customisable reports on critical driver safety
    • Linehaul Workflow Software to manage key linehaul driver safety processes on one automated electronic platform that is available on IT tablets located in linehaul vehicles
  • develop and implement an integrated risk based Good Health and Mental Wellbeing Program to reflect common psychological and general health workplace hazards for transport industry drivers
  • refurbish/retrofit all older forklifts with industry leading sensor technology (three metre exclusion zone) and conducting an audit to ensure all forklifts are compliant
  • engage a WHS consultant, endorsed by the Queensland Trucking Association, to prepare and publish an industry paper and short video on the risk of entanglement when handling restraint straps on forklifts
  • present and share with industry, the lessons learnt arising from the incident, outcomes from the industry publication referred to above and promoting the benefits of the undertaking
  • donate to the:
    • Moranbah Hospital to assist with the supply of electric patient beds, in-patient recliner chairs and other equipment necessary to ensure the safety of workers and patients at the hospital
    • Royal Flying Doctor Service, Queensland Section to assist with primary health care and 24-hour emergency services within Queensland
  • recover departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $640,224 (including recoverable departmental costs).

View/download the enforceable undertaking and Regulator's reasons for decision - 21 December 2020 (PDF, 10.91 MB).

An enforceable undertaking may be withdrawn or varied where compliance with the undertaking is subsequently found to be impractical, or where there has been a material change in the circumstances.

View/download Variation for Followmont Transport Pty Ltd EU (PDF, 0.12 MB) - 12 September 2022

2019

Obligation holder: Wilmar Sugar Pty Ltd
Date accepted: 17 December 2019

Incident: On 27 May 2017, a worker employed by Wilmar Sugar Pty Ltd (Wilmar) sustained serious injuries while assisting with the laying of ballast onto cane rail tracks at Koumala, Queensland. The work required ballast hopper bins to be pulled or pushed by a locomotive at walking pace along the area of cane rail track undergoing maintenance. After freeing a ballast from an open hopper door on one of the moving hoppers, the worker slipped while stepping off the platform to the ground, fell under the hopper and was drawn under the wheels of the following ballast bin.

Alleged breach: It was alleged that Wilmar failed to comply with health and safety duties under sections 19(1) and 32 of the Work Health and Safety Act 2011 (the Act).

Summary of undertaking: In the event of an alleged contravention of the Act, the regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible work health and safety (WHS) benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by Wilmar in relation to the above alleged contravention has been accepted by the regulator as an EU under Part 11 of the Act and includes but is not limited to:

  • an acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future WHS and safety behaviours;
  • develop and implement two mobile applications for plant maintenance and worker safety (the Mills Mobility Pilot Solution), including the purchase of technology hardware and training staff including sharing technology with key stakeholders
  • facilitate a safety culture and creating ownership for safety amongst workers by completing the development and delivery of the ‘Not on my shift’ agreement program through workshops at Wilmar’s Queensland (Qld) mills
  • discard 17 ballast wagons and refurbish/upgrade the remaining 21 ballast wagons with hydraulic-controls for opening ballast doors and redistribute across Wilmar’s Qld mills
  • share lessons learnt and operational changes via a presentation to the Australian Sugar Milling Council
  • implement a risk identification and management skills training program with the Department of Education via a local high school
  • administer a WHS community grant scheme over three years to selected community groups
  • third party audit of Wilmar’s Occupational Health and Safety Management System and ballast wagon upgrade program
  • recover departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $425,554 (including recoverable departmental costs).

View/download the enforceable undertaking and Regulator's reasons for decision - 17 December 2019 (PDF, 9.85 MB).

An enforceable undertaking may be withdrawn or varied where compliance with the undertaking is subsequently found to be impractical, or where there has been a material change in the circumstances.

Obligation holder: Boyne Smelters Limited
Date accepted: 15 July 2019
Date completed: 17 October 2022

Incident: On 24 September 2016, a worker employed by Boyne Smelters Limited (BSL) sustained serious burns when molten metal was ejected from an induction furnace that was being bought up to operating temperature for the day shift.

Alleged breach: It was alleged that BSL failed to comply with health and safety duties under sections 19(1) and 32 of the Work Health and Safety Act 2011 (the Act).

Summary of undertaking: In the event of an alleged contravention of the Act, the regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible work, health and safety (WHS) benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by BSL in relation to the above alleged contravention has been accepted by the regulator as an EU under Part 11 of the Act and includes but is not limited to:

  • acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future WHS behaviours
    implementing air-fed hoods for workers to enable airflow around the head and reduce heat stress while operating within the furnace area
  • installation of:
    • laser measurement devices which will allow workers to ascertain the temperature of the molten metal in the furnace
    • a timer system to induction furnaces to reduce the furnace power to a specified hold level
    • devices to remotely monitor and operate the furnaces in both rodding rooms
    • an emergency trip button on safety showers that will sound an alarm and cut power to the induction furnaces
  • developing and installing technology that will communicate the activation of emergency showers to site emergency teams
  • presenting and sharing the benefits of the outcomes of the above technology and engineering controls with industry
  • engaging an external provider to conduct three, two-day courses for workers that have volunteered as peer supporters for the Mental Health Peer Support Program
  • partnering with The Men’s Shed to provide members with a mental health peer support program
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $373,384 (including recoverable departmental costs).

View/download the enforceable undertaking and Regulator's reasons for decision - 15 July 2019 (PDF, 1.34 MB).

2018

Obligation holder: M E Christensen & Co Pty Limited as trustee for the Ron Field Family Trust
Date accepted: 17 December 2018

Incident: On 12 January 2016 a worker employed by M E Christensen and & Co Pty Ltd (MEC) was operating a custom made vertical Pipe Slotter Machine (consisting of nine angle grinders) used to cut vertical slots into a PVC pipe that is used by industry for drainage purposes. While operating the machine, the workers right hand was located under one of the rotating grinder cutting blades when the grinders were lowered to cut slots in the PVC piping. As a result, the worker sustained a severe laceration to the right hand from the small finger through the palm to the index finger.

Alleged breach: It was alleged that MEC had a health and safety duty under section 21(1) of the Work Health and Safety Act 2011 (the WHS Act) and failed to comply with that duty contrary to section 32 of the WHS Act.

Summary of undertaking: In the event of an alleged contravention of the WHS Act, the regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible work health and safety (WHS) benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by MEC in relation to the above alleged contravention has been accepted by the regulator as an EU under Part 11 of the WHS Act and includes but is not limited to the:

  • acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • statement of regret and assurance about future WHS behaviors
  • development, accreditation and third-party auditing of an Occupational Health and Safety Management System
  • engagement of a WHS Manager to oversee improvement of current MEC WHS systems and completion of this undertaking
  • training of appointed safety committee members in safety leadership
  • enrollment of five staff in a Certificate III and IV Engineering course and a manager in a Certificate IV WHS course
  • undertake the Workplace Health and Safety Queensland (WHSQ) Participative Ergonomics for Manual Tasks Program
  • purchase and implementation of a pallet lift system to address manual handling issues
  • installation of a fume extraction system and enhanced dust vacuum system to remove fumes from the proximity of workers and inhalable dust particles from work areas
  • installation of a gantry lift system to reduce back strain and employee risk
  • implementation of a communications and monitoring plan for staff on the factory floor
  • third party auditing of the MEC traffic management plan and implementation of recommendations
  • sponsorship of three Safety Health and Environment days for local industry each year for the term of the undertaking
  • industry placement of a University of Queensland Bachelor of Occupational Health and Safety Science student
  • donation of $5000 to Queensland Rural Fire and Emergency Services to purchase personal protective equipment for volunteers
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $239,848 (including recoverable departmental costs).

An enforceable undertaking may be withdrawn or varied where compliance with the undertaking is subsequently found to be impractical, or where there has been a material change in the circumstances.

Obligation holder: Central Highlands Regional Council (CHRC)
Date accepted: 22 January 2018
Completion date: 08 December 2020

Incident: On 3 December 2014, workers employed by a sub-contractor engaged by Central Highlands Regional Council (CHRC) were operating an excavator to dig a trench for the installation of sewer pipes. The injured worker was requested to pass a tool from a worker inside the trench to the excavator operator. As the worker was approaching the excavator and trench, the side of the trench collapsed trapping the worker. As a result, the worker sustained multiple injuries.

Alleged breach: It was alleged that CHRC failed to comply with sections 300(1) and 300(2) of the Work Health and Safety Regulation 2011.

Summary of undertaking: In the event of an alleged contravention of the Work Health and  Safety Act 2011 (WHS Act), the regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible work health and safety benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by CHRC in relation to  the above alleged contravention has been accepted by the regulator as an EU under Part 11 of the WHS Act and includes:

  • acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • third party audits of their occupational health and safety management system (OHSMS)
  • engaging a:
    • registered training organisation to develop and deliver a safety leadership program
    • risk consultant to review and improve current risk management practices
    • safety contractor to validate rectification undertaken and review, develop and improve contractor management processes
      (CMP)
  • sharing lessons learnt from the improvement of CMP with other Councils, the regulator and through Local Government industry forums
  • developing and implementing safety management software for the OHSMS including the provision of hardware, data services and training to relevant workers
  • purchasing temporary safety fencing for emergency barricading and three emergency response trailers
  • training 25 staff in Certificate IV Workplace Health and Safety
  • delivering six presentations on spinal injury prevention to industry groups across the CHRC region
  • sponsoring two agricultural scholarships through the Queensland Agricultural Training College
  • donating funds to local Men’s Shed Association for the provision of tools, materials and personal protective equipment
  • supplying and installing five defibrillators in the local community.

This undertaking has a total minimum expenditure of $410,103 (including recoverable departmental costs).

View/download the enforceable undertaking and Regulator's reasons for decision - 22 January 2018 (PDF, 5.19 MB).

An enforceable undertaking may be withdrawn or varied where compliance with the undertaking is subsequently found to be impractical, or where there has been a material change in the circumstances.

Obligation holder: RGD Constructions Pty Ltd (RGD)
Date accepted: 15 January 2018
Completion date: 06 August 2020

Incident: On 6 March 2015 a workplace incident occurred at an RGD construction site in Milton. A 50 tonne rock breaker and 14 tonne excavator being operated by two workers subcontracted to RGD, were working approximately five metres away from an excavation face on the eastern side of the site. As the excavator moved into clear the excavated materials the wall on the southern end of the eastern wall collapsed causing soil, rock and shotcrete to slide down the wall and pull sheet metal fencing from the adjacent property down the bank. The collapse also compromised the stability of parked cars which were left overhanging from the adjacent property. No injuries were sustained as a result of this incident.

Alleged breach: It was alleged that RGD had a health and safety duty under section 22(2) of the Work Health and Safety Act 2011 (the Act) and failed to comply with that duty contrary to section 33 of the Act.

Summary of undertaking: In the event of an alleged contravention of the Act, the regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible WHS benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by RGD in relation to the above alleged contravention has been accepted by the regulator as an EU under Part 11 of the Act and includes:

  • acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • third party audits of their occupational health and safety management system over the term of the undertaking
  • engage a Group Health and Safety Manager
  • enrol 15 senior employees and key sub-contractors in a Certificate IV Work Health and Safety (WHS) course
  • enrol 15 staff employees in courses covering Working at Heights, Traffic Control, Enter and Work in Confined Spaces
  • engage a WHS Science student to conduct research and develop a case study on excavations and examine lines of responsibility in contractor, sub-contractor relationships and management
  • engage with Queensland Master Builders to develop a safety initiative with a focus on excavations
  • donate to Mates in Construction to aid in training sessions relating to suicide awareness
  • recover departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $249,509 (including recoverable departmental costs).

An enforceable undertaking may be withdrawn or varied where compliance with the undertaking is subsequently found to be impractical, or where there has been a material change in the circumstances.

View/download:

2017

Obligation holder: Sugar Research Australia Limited
Date accepted: 6 December 2017
Completion date: 12 March 2021

Incident: On 17 December 2015, an employee of Sugar Research Australia Limited (SRA) was injured while processing sugar cane samples at SRA’s Bundaberg station. The employee was operating a Dedini Cutter Grinder in a detached form that exposed unguarded cutting blades adjacent to the outtake area of the grinder. To avoid sample cross-contamination, the employee pressed the grinder’s stop button to clear the outtake area of debris with a gloved right hand. The employee’s hand became entangled in the rotating blades of the grinder causing crush injuries to the middle and ring fingers of the right hand that resulted in surgical amputation above the middle knuckle to both fingers.

Alleged breach: It was alleged that SRA failed to comply with health and safety duties under sections 19(1) and 32 of the Work Health and Safety Act 2011 (the Act).

Summary of undertaking: In the event of an alleged contravention of the Act, the regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible work health and safety (WHS) benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by SRA in relation to the above alleged contravention has been accepted by the regulator as an EU under Part 11 of the Act and includes:

  • acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • developing and implementing the SRA Safety Culture Program
  • engaging a third party consultant to audit SRA’s occupational health and safety management system
  • develop and deliver training to staff on safe work procedures and safety
    conduct risk assessments
  • conduct safety leadership training
  • commit funds to the University of Queensland’s (UQ) Primary Industry Health and Safety Partnership (PIHSP) program to develop a safety system for small farm operations and communicate safety awareness to small farm operators
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $149,224 (including recoverable departmental costs).

An enforceable undertaking may be withdrawn or varied where compliance with the undertaking is subsequently found to be impractical, or where there has been a material change in the circumstances.

View/download:

Obligation holder: McConnell Dowell Constructors (Aust) Pty Ltd (McConnell Dowell)
Date accepted: 3 February 2017
Completion date: 19 August 2019

Incident: On 16 November 2013, an employee of McConnell Dowell was injured while working on the Queensland Curtis LNG Pipeline Project. At the time of the incident, the worker was in a trench cleaning the end of a pipe in preparation for welding. A signal was given to lift a second pipe into the trench using a side boom crane. When the pipe was being lifted, it began to swing, striking and pushing the worker between the two pipes. As a result, the worker sustained lacerations and a fractured left arm and left shoulder.

Alleged breach: It was alleged that McConnell Dowell failed to comply with health and safety duties under sections 19(1) and 32 of the Work Health and Safety Act 2011 (the Act).

Summary of undertaking: In the event of an alleged contravention of the Act, the regulator may, as an alternative to prosecution, accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention. An accepted EU aims to deliver tangible work health and safety (WHS) benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An undertaking given by McConnell Dowell in relation to the above alleged contravention has been accepted by the regulator as an EU under Part 11 of the Act and includes:

  • an acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future work health and safety behaviour
  • third party auditing of their occupational health and safety management system
  • disseminating details of the EU to workers and relevant parties
  • research into design changes of vacuum lifting equipment
  • two-stage heat stress management review, including industry consultation and review of effectiveness of current practices
  • sponsor a mental health and well-being of workforces seminar and engage a mental health advocacy group to deliver awareness training to managers and workers on the Northern Gas Pipeline project
  • conduct working well workshops to target upward communication in the workplace regarding safety
  • engage a fatigue management specialist to review project shift and roster patterns, apply fatigue management tools and provide training
  • independent external audit of rectifications taken as a result of the incident and presentation of findings at industry forums
  • small business pre-engagement workshops addressing issues of safety leadership, employee engagement, planning and communication
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $212,224 (including recoverable departmental costs).

An enforceable undertaking may be withdrawn or varied where compliance with the undertaking is subsequently found to be impractical, or where there has been a material change in the circumstances.

View/download: