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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).

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

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

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

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).

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

Obligation holder: RGD Constructions Pty Ltd (RGD)
Date accepted: 15 January 2018

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

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

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:

2016

Obligation holder: Downer Utilities Australia Pty Ltd
Date accepted: 29 November 2016

Incident: On 12 November 2012 an employee of Downer Utilities Australia Pty Ltd (formerly Tenix Australia Pty Ltd) was assisting with the stringing of high voltage overhead power lines/conductor in an elevated work platform (EWP) at height. As the worker moved the EWP into position, the power line/conductor lost tension causing the EWP bucket to shake and the worker to be thrown up and down with force. As a result, the worker suffered spinal injuries requiring two operations and ongoing rehabilitation.

Alleged breach: It was alleged that Downer had a health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (the Act) and failed to comply with that duty contrary to section 32 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 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 Downer 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
  • a statement of regret and assurance about future work health and safety (WHS) behaviour
  • maintain and undergo third party auditing of the occupational health and safety management system
  • disseminate details of the EU to workers and relevant parties
  • develop a risk management program and leadership coaching program
  • conduct internal management system audits
  • sponsor two university students studying Queensland Bachelor of Occupational Health and Safety Science to undertake an industry based research project
  • provide a Master of Business Administration scholarship for a member of the returned veterans service organisation Wandering Warriors
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $295,364 (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: La Spina Construction Pty Ltd
Date accepted: 29 November 2016

Incident: On 29 May 2014 during construction of a three story boarding house located in North Queensland, a worker subcontracted to La Spina Constructions Pty Ltd (La Spina) fell against a timber guard rail while positioning themselves on the top level of the building in order to lift and secure steel beams into position. As a result, the timber guard rail failed and the worker fell through a penetration to the ground level below sustaining multiple injuries.

Alleged breach: It was alleged that La Spina had a health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (the Act) and failed to comply with that duty contrary to section 32 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 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 La Spina 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
  • a statement of regret and assurance about future work health and safety (WHS) behaviour
  • develop, maintain and subject to third party auditing of a formal documented occupational health and safety management system (OHSMS)
  • develop an induction program and provide training to specified staff including Basic Scaffolder, Working at Heights and Certificate IV in Work Health and Safety (WHS)
  • develop and deliver a training module to workers and industry to address risks in the construction industry in North/Tropical Queensland
  • disseminate 1000 copies of the industry training package through Master Builders Queensland and/or Housing Industry Association
  • donate $5,000 to the Cairns Hospital Foundation
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $133,224 (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.

Obligation holder: Multiplex Constructions Pty Ltd
Date accepted: 29 November 2016

Incident: On 28 October 2013, Multiplex Constructions Pty Ltd (Multiplex) were principal contractors of a major refurbishment of the Indooroopilly Shopping Centre when a suspended slab and formwork collapsed during the pouring of the concrete. This caused two workers standing on top of the formwork to fall approximately four and a half metres to the level below resulting in a back injury to one worker and a laceration to the left hand of the second worker.

Alleged breach: It was alleged that Multiplex had a health and safety duty under section 19(2) of the Work Health and Safety Act 2011 (the Act) and failed to comply with that duty contrary to section 32 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 Multiplex 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
  • a statement of regret and assurance about future work health and safety behaviour
  • third part auditing of their occupational health and safety management system
    disseminating details of the EU to workers and relevant parties
  • assess, redesign and provide training for a psychological safety program (PSP) including sub-contractors
  • conduct a pilot session and training for the PSP to both Multiplex workers and subcontractors
  • present learnings from the redesigned PSP at an industry conference
  • provide industry work experience to a university student studying Occupational Health and Safety Science
  • donate $15,000 to Mates in Construction
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $262,947 (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: G Mio & R Mio and Enrico Mio
Date accepted: 29 October 2016

Incident: On 11 June 2014, a subcontractor engaged by Giuseppe Mio, Rina Mio and Enrico Mio (Mio) sustained injuries when the worker was hit by a diesel fuel tank being repositioned by an employee of Mio using a 20 tonne excavator. As the tank was being lowered onto footings the tank overbalanced and the worker was struck by a leg of the tank. This resulted in a laceration to the workers’ leg and trauma to multiple ribs on the right side of the body.

Alleged breach: It was alleged that Mio failed to comply with health and safety duties under sections 27(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 Mio 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 WHS behaviour
  • developing and maintaining a formally documented occupational health and safety management system (OHSMS)
  • engaging an occupational health and safety consultant to assist in developing an OHSMS
  • third party auditing of Mio’s OHSMS
  • disseminating details regarding the EU to all employees via weekly toolbox meetings
  • employment of a full time rigger to present three, one hour ‘safety workshops’ per year for the term of the EU
  • conducting two, one day industry workshops focusing on farm safety
  • the recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $103,874 (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.

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Obligation holder: The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane trading as Brisbane Catholic Education
Date accepted: 9 March 2016

Incident: On 22 September 2014, a worker employed by the Brisbane Catholic Education (BCE) was in the process of lopping a tree branch at St Thomas More College, Sunnybank. The worker, assisted by two other workers employed at the College, utilised a three metre ‘A’ frame ladder positioned next to the tree, a chainsaw and a rope. While operating the chainsaw, the worker fell from the ladder and sustained a head injury, fractures to the right wrist, arm and ligament damage to the right shoulder.

Alleged breach: It was alleged that BCE 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 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 BCE 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
  • a statement of regret and assurance about future work health and safety behaviour
  • further development and third party auditing of BCE’s existing occupational health and safety management system
  • accredited lead auditor training for BCE’s Health and Safety Services team
  • implement an online training system for workplace health and safety (WHS)
  • annual WHS workshops for all grounds and maintenance workers
  • specified WHS training for senior BCE staff
  • develop tool box talks for grounds and maintenance workers to be shared within the Catholic education industry
  • develop and implement WHS compliance training for current and future BCE principals and the Catholic education industry
  • mandatory WHS training for BCE industrial design, technology and hospitality students
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $260,045 (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: ATF Services Pty Ltd
Date accepted: 29 March 2016

Incident: On 14 May 2013, two contract workers were working on a wall mounted light duty work platform (LDWP) installed by ATF Services Pty Ltd (ATF) at a Brisbane construction site when the LDWP collapsed and both workers fell to the balcony area below. As a result, one of the workers sustained lacerations to the head and an ankle injury.

Alleged breach: It was alleged that ATF failed to comply with health and safety duties under sections 19(2) 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 ATF 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
  • a statement of regret and assurance about future work health and safety behaviour
  • third party auditing of ATF’s occupational health and safety management system
  • disseminate the EU via the company bulletin and safety notice boards
  • develop and implement a safety leadership training program for senior management
  • develop an eLearning system for ATF’s LDWPs and guardrail systems
  • present at an industry forum and publishing a paper in an industry magazine outlining lessons learnt
  • work at heights training for three contractors through a registered training organisation
  • industry placement of a University of Queensland occupational health and safety student to report on work health and safety matters concerning the platform and guardrail industry
  • a donation to Disability Services Australia
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $95,138 (including recoverable departmental costs).

Obligation holder: Maranoa Regional Council
Date accepted: 3 March 2016

Incident: On 26 June 2013, four patrons were exposed to chlorine gas after an employee at The Great Artesian Spa at Mitchell, operated by the Maranoa Regional Council (MRC), started a procedure to reheat water in the spa. The recirculating water was stopped and the colder water was flushed out. However, the chemical dosing system was still operating which released chlorine gas into the spa.

Alleged breach: It was alleged that MRC failed to comply with health and safety duties under sections 21(2) 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 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 MRC 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
  • a statement of regret and assurance about future work health and safety behaviour
  • third party auditing of MRC's occupational health and safety management system by a qualified third party auditor
  • disseminating the EU via the MRC 2015/16 annual report, the MRC's CEO blog and safety notice boards
  • replacing MRC's fleet of quad bikes and sit astride motorbikes with side-by-side all-terrain vehicles
  • undertaking a chemical storage review and implementing recommendations
  • safety leadership programs for supervisors and management
  • implementing a ‘Switched On' safety briefing for all MRC employees
  • undertaking a two day safety leadership workshop for MRC contractors
  • independent review regarding safety and operations of all MRC regional pools
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $170,324 (including recoverable departmental costs).

2015

Obligation holder: Hurricane Wire Products (Aust) Pty Ltd
Date accepted: 10 November 2015

Incident: On 25 October 2012, a labour hire worker engaged by Hurricane Wire Products (Aust) Pty Ltd (HWP), located in Redbank, was operating a hinge joint machine (HJM) used for knitting steel wire into fences. The worker was found with wire from the HJM entangled around the right leg. As a result, the worker sustained injuries to the right ankle and foot.

Alleged breach: s.19(1) and s.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 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 HWP 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
  • developing and maintaining an occupational health and safety management system including third party auditing
  • modifying vehicle tracking software to comply with Chain of Responsibility (COR) legislation
  • designing, fabricating and commissioning a truck platform system for loading and unloading steel products
  • funding safety guarding for industry technology machines in three local high schools
  • developing a web based application for schools to maintain records of safety checks for workshop machines
  • sponsoring forums across for coordinators of high school industrial technology and design activities on safe use and management of machinery
  • the recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $166,349 (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.

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Obligation holder: Civil Mining and Construction (Qld) Pty Ltd
Date accepted: 9 November 2015

Incident: On 2 September 2012, two Civil Mining and Construction (Qld) Pty Ltd (CMC) employees were injured while installing an unsecured precast concrete bridge girder at a worksite located at Lawnton, Queensland. The incident occurred when the girder became unstable and rolled. As a result, two workers fell from height (4.7 metres) with one worker sustaining pelvic and hip fractures and the other sustaining rib, shoulder and knee fractures.

Alleged breach: It was alleged that CMC 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 WHS 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 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 CMC 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
  • maintaining an occupational health and safety management system subject to third party auditing
  • developing a DVD based induction program to standardise induction training
  • enrolling 12 employees in a nationally accredited Certificate IV in Safety Leadership course
  • implementing a ‘Leadership Recognition Program’ to encourage the recognition and management risks by staff
  • enrolling 15 key personnel into a nationally accredited Working Safely at Heights course
  • re-establishing a school based ‘White Card’ program and providing personal protective equipment (PPE) for 250 students through the Civil Contractors Federation
  • a donation to Mates in Construction Program and the Royal Flying Doctor Service
  • the recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $220,724 (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.

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Obligation holder: The Mulgrave Central Mill Company Ltd
Date accepted: 5 November 2015

Incident: On 14 July 2013, two employees of The Mulgrave Central Mill Company Ltd (Mulgrave), located in Gordonvale, Queensland, were operating a cane locomotive when the locomotive derailed on a bridge section of the cane railway track while crossing the Little Mulgrave River. As a result, the operator of the locomotive sustained a bruised shoulder, fractured arm and the assistant locomotive operator sustained eye lacerations.

Alleged breach: It was alleged that Mulgrave 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 WHS 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 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 EU proposed by Mulgrave in relation to the above alleged contravention has been accepted under Part 11 of the Act by the regulator 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
  • a commitment to assess and improve the current occupational health and safety management system including third party auditing
  • developing an external bridge inspection training course (BITC)
  • training Mulgrave personnel in the newly developed BITC
  • researching methodologies for underwater inspection of rail infrastructure
  • developing a research paper on underwater inspection methods
  • updating the Australian Sugar Industry inspection guidelines
  • distributing updated inspection guidelines
  • rail safety risk study and rail video monitoring
  • develop a rail safety public awareness campaign
  • the recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $230,624 (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 chance in the circumstances.

Obligation holder: Hanson Construction Materials Pty Ltd
Date accepted: 30 October 2015

Incident: On 10 January 2013, an employee of Hanson Construction Materials Pty Ltd (Hanson), located in West End, Queensland, sustained a fracture to the left arm while conducting maintenance work on a slump stand. The walkway on the slump stand had become stuck at an angle and the worker attempted to manually release the walkway by accessing the unguarded counterweight system. As the worker pushed on the counterweight, it has immediately swung forward causing the injuries.

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

Summary of WHS 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 Hanson 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 WHS behaviour
  • a commitment to maintain an OHSMS including third party auditing
  • engaging a consultant to develop in partnership with Hanson the ‘Is there a better way’ plant program for presentation to employees at safety workshops
  • implementing safety outcomes from the workshops
  • slump stand improvement audits across 15 of Hanson’s worksites
  • develop and offer two students a school based traineeship program to assist in attaining industry qualifications
  • the recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $185,224 (including recoverable departmental costs).

Obligation holder: Advanta Seeds Pty Ltd
Date accepted: 6 October 2015

Incident: On 25 July 2013, an employee of Advanta Seeds Pty Ltd (Advanta) located in Toowoomba, Queensland, had the little and middle fingers of the left hand amputated while operating a sorghum thrashing machine.

Alleged breach: It was alleged that Advanta 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 WHS 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 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 Advanta in relation to the above alleged contravention has been accepted under Part 11 of the Act by the regulator 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
  • implementing an occupational health and safety management system including third party auditing
  • purchasing a new corn thresher machine with enhanced design and safety features
  • purchasing four 'Lock Out Tag Out' stations
  • purchasing iPads for online safety management, safety inspections, checklists and audits
  • engaging a senior health safety and environment manager on an ongoing basis
  • training 30 workers in 'Safety for Supervisor' courses via an external provider
  • hosting a safe work event during National Safe Work Month for each year of the EU
  • sponsoring an occupational health and safety university student from Central Queensland University to assist with completing the practical requirements of their course
  • the recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $122,410 (including recoverable departmental costs).

Obligation holder: Norco Co-operative Limited
Date accepted: 28 August 2015

Incident: On 4 March 2014, an employee of Norco Co-operative Limited (Norco), located in South Lismore NSW, sustained serious lacerations and partial amputation to five fingers of the left hand when delivering a load of grain feed to a rural property located at Murgon, Queensland.

Alleged breach: It was alleged that Norco failed to comply with a health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (the Act) in that it did not ensure so far as reasonably practicable the health and safety of a worker engaged by it while the worker was at work.

Summary of WHS 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 benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An EU proposed by Norco in relation to the above alleged contravention has been accepted under Part 11 of the Act by the regulator and includes:

  • acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • statement of regret and assurance about future work health and safety behaviour
  • commitment to implement an occupational health and safety management system including third party auditing
  • installation of a guided wave radar system for 20 silos to reduce the risk of falls from height by gauging silo capacity from ground level
  • provision of a silo/feed bin safety rebate to local farmers who implement ground silo lid openers, feed bin openers or ladder improvements
  • donation to purchase trauma, cardiac and blood transfusion kits for RACQ Care Flight Helicopter Services within the North and South Burnett region
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $219,691.34 (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.

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Obligation holder: South Burnett Regional Council
Date accepted: 26 Jun 2015

Incident: On 20 May 2013, a worker employed by a third party commercial contractor sustained significant injuries while at a South Burnett Regional Council (SBRC) waste disposal facility located at Kingaroy Queensland. The injuries occurred when the worker, preparing to unload a skip bin, was struck by a reversing front end loader operating within the area.

Alleged breach: It was alleged that SBRC had a health and safety duty under section 19(2) of the Work Health and Safety Act 2011(the Act) and failed to comply with that duty contrary to section 32 of the Act.

Summary of WHS 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 EU proposed by SBRC in relation to the above alleged contravention has been accepted under Part 11 of the Act by the regulator commits SBRC to:

  • an acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future WHS behaviour
  • upgrade, maintain and submit to third party auditing of an acceptable occupational health and safety management system
  • install reversing cameras and proximity sensors on high risk plant
  • conduct a work health and safety awareness program for commercial users of local government area waste disposal facilities
  • sponsor a recognition award for an undergraduate student studying occupational health and safety (OH&S) sciences at the University of Queensland for three years
  • provide an annual vocational internship for a student studying OH&S sciences at University of Queensland for three years
  • reimburse departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $224,624 (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: Queensland Steel Products Pty Ltd
Date accepted: 21 July 2015

Incident: On 28 May 2012, an incident occurred at Queensland Steel Products Pty Ltd (QSP), located in Parkhurst, Queensland. An employee acting as the dogger, sustained a serious head injury when both fabric slings being used to support a 3 tonne steel beam snapped while being moved by a mobile yard crane. As the beam hit the ground, one end of the beam has bounced back into the air, hitting the employee on the right side of the head causing lacerations and associated bruising.

Alleged breach: It was alleged that QSP had a health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (the Act) and failed to comply with that duty contrary to section 32 and 43(2) of the Act.

Summary of WHS 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 EU proposed by QSP in relation to the above alleged contravention has been accepted under Part 11 of the Act by the regulator and includes:

  • an acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future WHS behaviour
  • upgrading and maintaining an acceptable OHSMS including third party auditing
  • engaging an OHS manager to implement improved OHSMS and safety initiatives
  • enrolling and training employees in certified WHS and Dogging courses
  • developing and producing a 'Safe Handling of Steel' training video package in conjunction with WHSQ
  • donating PPE to the Men's Shed organization
  • engaging a university student to develop a computer based OHSMS for QSP
  • the recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $213,883 (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: Ridley AgriProducts Pty Ltd
Date accepted: 26 June 2015

Incident: On 24 May 2013, an employee of Ridley AgriProducts Pty Ltd (Ridley) located in Bohle, Queensland sustained injuries to the left forearm when the employee's forearm was dragged into the moving belt of a Budpak feeder.

Alleged breach: It was alleged that Ridley had a requirement under section 208 of the Work Health and Safety Regulation 2011 and failed to comply with the requirement to provide adequate guarding to plant.

Summary of undertakings: 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 EU proposed by Ridley in relation to the above alleged contravention has been accepted under Part 11 of the Work Health and Safety Act 2011 by the regulator and includes:

  • an acknowledgment and clear statement of the facts and circumstances surrounding the alleged contravention
  • a statement of regret and assurance about future WHS behaviour
  • a commitment to upgrade, maintain and submit to third party auditing of an acceptable occupational health and safety management system
  • installing permanent access platforms to roof sections and stairs over the bund wall to improve access and reduce fall hazards
  • installing a fume extraction system to remove fumes from proximity of employees
  • upgrading specified switchboards to eliminate unauthorised access and improve isolation capabilities
  • hosting a supply chain forum for local industry focussing on safety and risk management in connection with the supply chain
  • donating funds to James Cook University to raise awareness of depression and anxiety in the workplace and rural communities in the local area
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $110,235 (including recoverable departmental costs).

Obligation holder: N.Q. Cardboard and Plastic Recycling Pty Ltd
Date accepted: 11 June 2015

Incident: On 8 January 2013, an employee of N.Q. Cardboard and Plastic Recycling Pty Ltd (NQCPR), located in Idalia, Queensland, sustained an amputation of the left hand while operating a bailing machine.

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

Summary of undertakings: 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 EU proposed by NQCPR in relation to the above alleged contravention has been accepted under Part 11 of the Act by the regulator and includes:

  • 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
  • a commitment to implement an occupational health and safety management system including third party auditing
  • implement an employee assistance program and conduct awareness training for employees to address mental health issues
  • engage a consultant to implement a traffic management plan, isolation procedures and controls as identified by a plant risk assessment of the workplace
  • a commitment to present a case study on lessons learnt at Safe Work Week in conjunction with the IPaM Program
  • funding for the purchase of safety equipment for Gymnastics Townsville
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $90,113 (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.

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Obligation holder: Rexel Electrical Supplies Pty Ltd
Date accepted: 3 June 2015

Incident: On 16 April 2012, a truck driver employed by an external transport company, sustained significant injuries to the left leg while assisting with the unloading of the driver's truck at Rexel Electrical Supplies Pty Ltd (Rexel) located at Tingalpa, Queensland.

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

Summary of undertakings: 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 EU proposed by Rexel in relation to the above alleged contravention has been accepted under Part 11 of the Act by the regulator and includes:

  • 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
  • implement an occupational health and safety management system at all Rexel sites, including auditing by a third party
  • engage a work health and safety consultant to:
    • conduct work health and safety training, risk assessments and compliance audits at 17 sites
    • review current traffic management procedures at nine sites
  • pilot the PErforM Program at the Tingalpa site and purchase of shrink wrap machines
  • develop and implement:
    • a Rexel Safety Program and employee incentive awards
    • internet staff training program at all sites
  • enrol specified managers to undertake Certificates IV in Training and Assessment and WHS
  • sponsor a safety speaker to present at an industry function
  • donate electrical safety equipment to Brisbane TAFE Skills Tech and Airtec flame resistant garments to Queensland SES
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum  expenditure of $313,813 (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 chance in the circumstances.

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Duty holder: Kingston Karts Pty Ltd T/As Kingston Park Raceway
Date accepted: 3 June 2015

Incident: On 31 March 2012, a member of the public (patron) sustained a scalp injury while operating a motorised go-kart at Kingston Karts Pty Ltd (Kingston Karts), Kingston. The injury occurred when the patron's hair became dislodged from a hair net and became entangled in the rotating axle of the go-kart.

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

Summary of WHS undertakings: 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 benefits to workers and the workplace, industry and the community, which may not have been delivered if the matter were prosecuted.

An EU proposed by Kingston Karts in relation to the above alleged contravention has been accepted under Part 11 of the Act by the regulator and includes:

  • 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
  • engage an Occupational Health and Safety consultant to assist in implementing a certified occupational health and safety management system which will include third party auditing
  • design a new go-kart safety cover to prevent similar incident occurring
  • work health and safety hazard awareness training for all employees
  • Certificate IV in WHS for five employees
  • develop a new Australian Standard for go-kart hire for use throughout industry
  • commission a go-kart design project and collision research
  • sponsor driver safety training program in conjunction with local council
  • donate to the PCYC Community Driver Program
  • provide facilities for use by the Kingston High School Engineering Program
  • recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $126,042 (including recoverable departmental costs).