Enforceable undertakings list

Obligation holder: Department of Education (DoE) as the responsible agency for the State of Queensland

Date accepted: 2 January 2024

Incident: On 1 June 2018, a Dysart  State High School student was injured while participating in an Industrial Technology  and Design class. At the time of the incident the student was operating a compound  mitre saw to make coasters from an offcut piece of timber.

Alleged breach: It was alleged that on the 1 June 2018, DoE, having  a health and safety duty under section 19(2) 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 the  DoE, 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 undertaking to  all DoE staff, providing a copy of the EU to specified stakeholders and publishing  a copy on the DoE intranet
• reviewing, updating and undergoing third party auditing of DoE’s Health,  Safety and Wellbeing (HSW) Management System (HSWMS). This initiative includes the  development and internal publication of a HSWMS awareness training, HSW  leadership training and funding for a new A04 Project Support role
• updating the existing Industrial Technology and Design Practical  Workshop (ITDPW) Inspection checklist to ensure a risk management approach is  adopted to the identification, assessment and control of high-risk hazards
• implementing and monitoring a HSW Risk Register that covers all HSW  hazards, identifies appropriate controls and the risk levels associated with  the hazards
• establishing a Safety Culture Framework to provide support and guidance  to enable work areas to manage safety proactively. This will include:
• implementing and conducting an initial and follow up online OIR Safety  Capability Survey (survey)
• developing and delivering a HSW Leadership Training Program informed by  the results of the survey, for school-based leaders to improve knowledge and  awareness of legislative and departmental HSW requirements
• developing and delivering a training awareness package for DoE staff to  address any gaps identified in the survey, HSW Risk Register or as considered  necessary by the HSW Committee and subject matter experts
• funding two new A06 senior health and safety consultant training  positions for two-years to assist with the implementation of the Safety  Capability Program and development of action plans and required training as a  result of the survey findings
• updating HSW key performance indicators for all principals and regional  directors that will focus on annual safety assessments and Class 1 and 2  incident completion rates and completed workplace HSW committee meetings
• developing, implementing and regularly reviewing an assurance auditing  program for ITDPWs that will assess every ITD workplace within a three-year  period
• employing four internal A06 HSW consultants for a period of three years,  to undertake the Practical Workshops internal safety assurance audits
• updating Annual Safety Assessments at all schools to include hazards  associated with ITDPWs
• developing and implementing an online mandatory WHS Awareness Induction  Program for all teachers, teacher aides, supply and contract teachers working  in an ITDPW
• engaging TAFE Queensland to assist in developing a set of competency  standards and specialist training aligned to an associated training package and  the Australian Qualifications Framework for Technologies teachers. Any Teacher  (including those on supply or contract), who are assigned to teach or supervise  in a ITDPW will be required to meet the minimum competency standards
• researching and investigating a guarding prototype for band saws, used  in state school ITDPW, which will prevent access to the blade. DoE has  committed $50,000 to engage an independent specialist to undertake risk  assessments of band saws, develop a prototype skirt guard and pilot its use and  assess its effectiveness. If found effective, the guard will be patented,  shared with non-state schools and an additional $100,000 of funding will be  provided to state schools to assist in implementing the new guard
• partnering with Central Queensland University to provide a bursary  scheme for third or fourth-year students undertaking a Bachelor of Education  which specialises in Technologies
• the recovery of departmental costs associated with the  EU.

This undertaking has a total minimum expenditure of $2,569,062 including recoverable departmental costs.

View/download the enforceable undertaking and Regulator's reasons for decision (PDF, 1.52 MB) – 2 January 2024

Obligation holder: Century Yuasa Batteries Pty Ltd (CYB)

Date accepted: 30 August 2023

Incident: In June 2019, Century Yuasa Batteries Pty Ltd (CYB) installed plant known as the ‘plate pasting line’ to make plates for battery manufacturing at their Carole Park premises. Following installation, testing of the plant was finalised in July 2020 and the plant was then used for manufacturing. Training was provided to workers at the workplace in the use of the plant. However, there was no operating manual or written instructions developed. On 18 November 2020, a worker employed by CYB was cleaning the rotary divider section of the battery plate pasting line at CYB’s premises in Carole Park, Queensland. The divider section (which cuts the plates) was fitted with interlock devices on the guards to stop the rotating cylinders as part of the normal operation. In addition, a single light beam presence-sensing system had been installed on entry and exit areas of the rotary divider, which stops the divider if triggered. As part of the cleaning process, the worker stopped the rotary divider machine and lifted the front and rear guards. The worker operated an override switch on the control panel and used a hand-held manual controller to jog the rollers, so that they continued to rotate while the worker removed the build-up of paste from the accessible areas of the rollers using a small lead offcut. During this process, the worker’s right hand was drawn in between the rollers and crushed causing a serious hand injury to the right hand.

Alleged breach: It was alleged that between 30 June 2020 and 19 November 2020, CYB, 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 CYB, 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 undertaking and providing updates on the progress of the undertaking to CYB’s Board of Directors and Leadership Team via meetings and all other employees via internal communication channels and noticeboards throughout CYB’s workplaces
• engaging a professional occupational physiotherapist consultancy, to conduct a review and assessment of the top five manual tasks injury areas at CYB’s Carole Park premises. The scope of this review includes recommendations on potential modifications to mitigate or eliminate risk to workers, development of training and guidance material on the specific tasks and quick guide reference posters for workers
• undertaking a plant automation project within the battery assembly area at CYB’s Carole Park premises to eliminate or reduce manual handling operations. CYB advise that automating the transfer of the battery plate bundles and battery subassembly components could potentially remove the need to manually handle up to 120 tonnes of components per day across nine operators. At the completion of the project, CYB will engage an independent auditor to review the plant and ensure it complies with AS/NZS 4024:2019 – Safety of Machinery
• engaging a safety consultancy, to complete an independent gap and guarding audit of the rotary extender line (area where the incident, associated with this undertaking, occurred on 18 November 2020) and assembly line two at Carole Park premises. CYB advise that as the assembly lines consist of three identical assembly lines, recommendations from the audit of line two, will be applied to lines one and three respectively
• engaging an accredited Mental Health First Aid Australia trainer, to train a minimum of 15 CYB workers as Mental Health First Aid Officers (MHFAO). This training will extend the number of trained and appointed MHFAO’s in CYB’s workplace and provide initial support to workers that may be experiencing mental health issues
• recruiting and engaging an additional Environment Health and Safety (EHS) professional to join CYB’s existing EHS team (currently one Manager and Co-ordinator) on a fulltime, ongoing basis. This additional resource will increase CYB’s EHS capability and ability to action or resolve safety related matters
• engaging an external third-party auditor to obtain an independent certification of CYB’s OHSMS for the Automotive Division at Carole Park and conduct two additional audits of the OHSMS
• engaging a culture, risk and leadership consultancy, to partner with CYB and develop a bespoke Safety Culture Maturity Program, deliver senior leader (including board members) alignment and safety leadership workshops and prepare a Safety Vision Model Framework for CYB
• hosting a minimum of one safe work event per year over three years, in partnership with Industry Partners Australia (IPA). IPA’s members comprise a diverse group of companies and individual professionals working across the manufacturing, energy and resources, retail and logistics industries with the target audience for the event being Managers, Operational personnel and EHS professionals. The first event will focus on a case study regarding the incident at CYBs Carole Park premises and expected outcomes from the EU, with subsequent events focussing on other health and safety related topics
• developing and delivering a community awareness campaign on battery safety that will include informational and educational videos, focussing on correct product use, application, safety, care and maintenance and how end users in the community can maximise the life of their batteries. CYB will consult with OIR on the content of the final video and once approved, the video campaign will be broadcast across CYB’s various digital channels (both paid and organically) such as websites, YouTube, Facebook and possibly TikTok
• the recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $631,372 including recoverable departmental costs.

View/download the enforceable undertaking and Regulator's reasons for decision (PDF, 2.01 MB) – 30 August 2023

Obligation holder: Gladstone Ports Corporation Limited

Date accepted: 7 August 2023

Incident: Gladstone Ports Corporation Limited (GPC) is a Government Corporation under the Government Owned Corporations Act 1993 and is a Port Authority under the Transport Infrastructure Act 1994, terminal owner/operator and an industrial landlord. On 30 June 2020, two workers were investigating a fault with a tail lift attached to a quarantine truck at the RG Tanna Coal Terminal. The tail lift was a dual action door, with a mechanism that folded down horizontally, then lowered down vertically. When the truck arrived at the mobile equipment workshop, the workers slung the outboard end of the tail lift using an overhead gantry crane and positioned the tail lift horizontally. The workers completed a high-level document to pause, observe, risk identification and treat risk (PORT) for the proposed task. However, the workers did not locate the manual for the tail lift and did not complete a job safety analysis (JSA) for the task as required under GPC's safety procedures. One of the workers positioned themselves in a seated position under the tail lift and knocked out the pins that held the lift cylinders supporting the lift arm of the tail lift. The front end of the tail lift dropped and struck both workers. One of the workers sustained a compressed fracture to the spine, tears to the rib cartilage and a head laceration. The other worker did not sustain an injury.

Alleged breach: It was alleged that GPC, 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 GPC, 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 undertaking to GPCs Executive Management Team, Safety Committee (SC) and all employees via the SC meeting minutes that will be available on GPCs intranet
• engaging a forensic systems and safety management consultant to complete a gap assessment of GPCs occupational health and safety management system (OHSMS), make recommendations to GPC and complete a follow up audit on the implementation of the recommendations
• implementing recommendations from the OHSMS gap assessment, in consultation with the GPC’s workforce consultation process
• engaging a health and safety consultant and recruiting a Safety Enhancement Project Team Lead to expedite the implementation of the OHSMS gap assessment recommendations and to take a ‘fresh eye’ approach to how GPC designs its systems
• purchasing, implementing and providing training for two remote controlled tracked elevating devices (TED) to reduce manual handling and prevent falling objects during maintenance works in GPC workshops
• engaging a:
• third party auditor to conduct two audits in relation to the 76 plant risk assessments outlined in the undertaking. The first audit will review recommendations already implemented and any recommendations not accepted to identify any outstanding recommendations that should be implemented. The second audit will review and confirm the implementation of the recommendations from the first audit
• certified third-party auditor, to conduct three audits of GPC’s OHSMS over the life of the undertaking. All audit reports, intended actions and confirmation of actions implemented, will be provided to OIR
• partnering with two universities to offer a scholarship program to one student over three years and two students over four years that are completing their undergraduate degrees in Occupational Health and Safety. The programs will provide funding to assist tuition fees and study costs and an opportunity for students to utilise GPCs sites for any practical components of their studies
• initiating and presenting at two forums for contractors who work on or support GPC sites and assets. These forums will promote the initiatives and benefits of this undertaking and share lessons learnt arising from the incident and relevant aspects of GPCs key safety programs and initiatives
• partnering with a local driver education facility to fund a minimum of 12 x two-day defensive driver training courses over three years for any employees and/or their children (aged 17–24 years)
• the recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $612,554 including recoverable departmental costs.

View/download the enforceable undertaking and Regulator's reasons for decision (PDF, 5.13 MB) – 7 August 2023

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 Gladstone Ports Corporation Limited (PDF, 1.42 MB) – 6 March 2024

Obligation holder: Alertvale Pty Ltd

Date accepted: 25 July 2023

Incident: Alertvale Pty Ltd (Alertvale), is part of the SMW group of companies with SWM Group Limited (SMW) their parent company. Alertvale provides heavy fabrication and engineering, field services, abrasive blasting and painting services across the region and mining sector. On 30 September 2019, three employees of Alertvale Pty Ltd were performing work at Alertvale's premises. An employee was operating a forklift truck to move a large steel structure known as a 'stress head'. Another employee positioned themself in front of the forklift truck and the suspended load, to direct the lift. The unsecured suspended load fell and struck the worker positioned in front of the forklift truck, causing injury to the right leg including multiple fractures, soft tissue damage to the lower leg and lacerations to the knee. At the time of the event the individual operating the forklift truck did not hold a high risk work licence for operating a forklift truck.

Alleged breach: It was alleged that Alertvale, 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 Alertvale, 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 undertaking to Alertvale and parent company, SMWs board of directors and all Alertvale workers through toolbox meetings
• engaging a risk and safety management consultant, to:
• complete a risk diagnostic of critical control measures and assist in implementing critical control standards and observational frameworks across the Corporate Group. Alertvale, through the SMW Corporate Group (Corporate Group), have also committed to monthly reviews to evaluate the efficacy of the measures implemented
• conduct an audit against Alertvale’s traffic management systems, emergency preparedness, the Corporate Group’s training competency management system and all mobile plant and equipment. Alertvale, through the Corporate Group, have also provided a commitment and allocated part of the minimum costs to implementing recommendations from the audit
• research the human factors of risk across the Corporate Group’s enterprise. The research outcomes will inform the development of an ongoing training program to be delivered across the Corporate Group workforce. It is also intended to publish the research findings in a peer reviewed journal
• engaging a registered training organisation (RTO) to deliver/provide training in:
• loading, unloading and securing of loads to 35 employees across the workforce of the Corporate Group
• first aid and cardiopulmonary resuscitation to 25 employees across the Corporate Group to ensure at least 10 per cent of the workforce is trained high risk work licencing (forklift trucks) to 25 apprentice employees across the Corporate Group
• mental health first aid to 25 employees across the Corporate Group and a commitment to ensure similar numbers of employees remain trained in the future
• Certificate IV Work Health and Safety to 15 leaders across the Corporate Group
• incident and investigations in the incident cause analysis method (ICAM) to seven employees across the Corporate Group.

• engaging a fleet management solutions company to supply and install a swipe card access system across the Corporate Groups fleet of approximately 70 light vehicles to prevent improper use of the vehicles by unlicensed or unqualified staff and to enable monitoring of safety behaviours in relation to vehicle use. Alertvale, through the Corporate Group have also committed to engaging a risk and safety management consultant to assess the system within an agreed timeframe to inform decisions about its continued operation
• engaging a certified third-party auditor to conduct three audits of the Alertvale OHSMS over the life of the undertaking. All audit reports, intended actions and confirmation of actions implemented as a result of the audits, will be provided to Office of Industrial Relations (OIR). The audits and findings will be used to inform and apply recommendations for safety improvements to the Corporate Group’s OHSMS
• purchasing a new skid steer loader to replace and address safety concerns arising out of the use of current aged plant equipment which has now been retired. The new loader features new enhanced safety features and a fully sealed cab so that operators are not exposed to respirable or irritable dust or contaminants
• purchasing, installing and maintaining three defibrillators across the Corporate Group to enable workers to respond to potentially life-threatening events
• collaborating with a regional university to improve learning outcomes, training and industry experience for occupational health and safety (OHS) students through specific activities including hosting, as an industry sponsor, OHS students and allowing them to utilise Alertvale’s workplace for their studies; and assist a work experience student to develop, implement and publish a safety spotter training program and video for mobile equipment. On completion all SMW workers will be trained in the learnings from this project
• partnering with a regional university to provide SMW Vocational Education and Training (VET) Scholarships, consisting of apprenticeships/employment and financial support for two indigenous or female students located in the Rockhampton/Mackay region that are enrolled, or intending to enrol, in a Certificate II in Engineering Pathways or Certificate III in Engineering – Fabrication Trade. The scholarship will provide an opportunity for employment and a monetary allowance per annum over three years to assist students with expenses associated with education, travel and equipment expenses
• hosting work experience students from local regional high schools to utilise Alertvale’s metalwork facilities and to provide students with an opportunity to complete a White Card (Prepare to work safely in the construction industry) training course through an RTO. As a pilot program, Alertvale has partnered with North Rockhampton High School to provide this opportunity to 12 students with a view to assess the efficacy of the program and roll out to other schools in the Central Queensland area (at least 12 students a year). Alertvale have committed to paying the costs of the RTO training and provision of personal protective equipment for all students
• providing a donation to a local rugby leagues club to assist in their:
• Pathways to Employment Program which provides holistic mentoring to support and encourage indigenous girls and boys aged 12–17 years to complete their education and transition to the workforce
• Indigenous Health and Wellbeing, Schools Care and Community Support Program with a goal to working closely with the programs facilitator to encourage and increase indigenous participation and engagement within the manufacturing and associated industries in the area
• donating two defibrillators (purchase and install); one to a local league club and the other to a local Queensland rural fire brigade
• the recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $368,384 including recoverable departmental costs.

View/download the enforceable undertaking and Regulator's reasons for decision (PDF, 4.09 MB) – 25 July 2023

Obligation holder: Board of the Queensland Museum

Date accepted: 1 June 2023

Incident: The Board of the Queensland Museum (BQM) is a statutory body that governs the Queensland Museum Network (QMN). Part of the work and research of the QMN includes taxidermy which is the art of preserving the skin, fur, feathers, or scales of an animal for the purpose of display or study. It is alleged that between 1 June 2015 and 22 February 2019, workers were exposed to the risk of serious injury or illness from work that was performed in the evisceration area of the Queensland Museum (QM) in South Bank to prepare exhibits for display. In January 2019 and February 2019 two employees, based at the QM were diagnosed with Q fever. The source and cause of Q Fever has not been identified, however, taxidermy of native animals and field work associated with collecting specimens are potential causes.

Alleged breach: It was alleged that the BQM, 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 the BQM, 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
• disseminate information about the EU to QMN staff and volunteers, contractors, and key stakeholders associated with QMN sites for the duration of the undertaking
• refurb and upgrade the Biological Specimen Preparation Laboratory (BSPL) at the Queensland Museum in South Bank, funded by Arts Queensland (building owner) and coordinated by QMN Facilities and Infrastructure Team, Arts Queensland and external suppliers where relevant
• ensure the BSPL and other laboratories in the QMN are beyond compliance, in addition to the refurbish and upgrade, QMN will also undertake the following:
  • establish standard operating procedures (SOPs) and induction process for external parties that will have access to the BSPL
  • provide free access to the BSPL for assessment, assignment, research and other professional or industry related purposes
  • develop a Scope of Laboratory Activities to identify all task and functions to be performed in all laboratories through the QMN
  • engage a specialist technical and strategic consultant, to conduct a Q Fever Risk Audit that will be completed prior to commissioning the BSPLs
  • engage a specialist WHS consultant to conduct an independent audit of the BSPLs SOPs and dangerous goods protocol
  • purchase BSPL specialist and fit for purpose equipment
  • train six QMN laboratory staff members in Certificate III Laboratory Skills Laboratory Professional Development Training
• engage a specialist advisory consultant to assist QMN in implementing an initial and follow up WHS Leadership and Culture Survey
• recruit, engage and train:
  • a project manager to coordinate and assist QMN in the delivery of all aspects of the undertaking
  • suitably qualified employees to form a dedicated and appropriately resourced QMN Risk and Compliance team
• convene an EU Project Board to govern activities described in the undertaking
• engage a specialist WHS management consultant, to provide an interim third party desktop audit report that will assess and validate the status of QMNs current WHS systems prior to the new WHSMS being purchased and implemented
• tender, purchase, implement and undertake third party auditing of a new work health and safety management system (WHSMS). In addition to this an assurance strategy will be developed and training provided on the WHSMS to all staff and during inductions for new staff.
• collaborate with the Office of Industrial Relations (OIR), taxidermy professionals across Australia and collecting institutes across Queensland to develop, promote, and annually update a:
  • best practice Museum Biological Specimen Preparation Tool Kit. QMN will provide this kit free of charge via QMN’s website and affiliate sites in accordance with industry feedback, legislation and industry related issues. In addition, the CEO, QMN will write to the Council of Museum Directors and International Council of Museums (ICOM) to table the kit as an agenda item and present the outcomes in future meetings
  • practical Small Museum WHS Toolkit. QMN will also conduct workshops on the toolkit to community museums across Queensland and disseminate the toolkit directly to 300 plus community based museums across the state as well as via affiliate organisations. In addition to this, QMN Officers will submit/present conference papers focussed on the tool kit and associated workshops to the annual ICOM Australia, Australia and Australian Museum and Gallery Association (AMaGa) and Museum Next Conferences
• partner and liaise with universities, QMN's Risk and Compliance Team will develop an internship/industry placement program for tertiary students studying WHS Science (or a related discipline) for an appropriate WHS project to be identified by the parties. Additionally, the program will be audited, and a survey conducted with participants to inform continuous improvement of this program
• collaborate with OIR, Biosecurity Queensland and Queensland Health, and partnered universities, QMN will develop, promote, update and refine annually, a free educational resource profiling zoonotic disease found in domestic and non-domestic animals. This resource will then be disseminated to schools and community groups nationally through QMN’s Educational Loans Program and teacher databases
• the recovery of departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $900,224 including recoverable departmental costs.

View/download the enforceable undertaking and Regulator’s reasons for decision (PDF, 10.52 MB) – 1 June 2023

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

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 variation for the BE Steel Fixing Pty Ltd – 31 May 23 January 2023 (PDF, 0.18 MB)

Obligation holder: Acciona Infrastructure Australia Pty Ltd (AIA)

Date accepted: 4 July 2022

Incident: The undertaking relates to the following alleged contraventions that occurred between 15 August 2017 to 27 April 2018 during a construction project (project) that covered a 41km road bypass route to the North of Toowoomba:

• 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.
• On 1 March 2018, workers were exposed to a number of risks when entering an area of the viaduct bridge construction which included falls risks from one level to another, risk of objects falling on or otherwise hitting persons during work and the risk to workers due to inadequate emergency access and egress systems, namely the hoist lift was not operational.
• On or about 23 April 2018 while working at Pier 2 and 3, workers were exposed to the risk of falls from one level to another, objects falling on or otherwise hitting persons during work due to missing or improperly secured permitter screening and gaps in the formworking platform, and the risk of injury from an uncapped vertical steel reinforcing bar.
• On or about 26 April 2018, a subcontractor was lifting steel mesh by crane to Pier 3 of the project when two steel reinforcing bars fell from the mat and fell to the ground, exposing workers to the risk of injury.

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

Alleged breach: It is alleged that AIA had a health and safety duty under section 19(1) and 19(2) 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 contraventions 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. 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 would not be achieved through a prosecution.

On 4 July 2022,  the WHS regulator accepted an EU given by AIA in relation to the above alleged contraventions. The entity AIA continues to operate in a very limited capacity to close out the project. Acciona Construction Australia Pty Ltd (ABN 66 618 030 872) (ACA) is the entity through which new construction project contracts are now entered into. Accordingly, and for the purpose of this EU, whilst AIA is the entity giving the undertaking, the initiatives and activities described in this undertaking will be performed and delivered by ACA.

The EU includes a statement of the facts and circumstances of the alleged contravention, a statement of regret and an assurance by AIA about future WHS behaviours. The EU also requires AIA to undertake a number of commitments including but not limited to:

• Disseminate information about the EU to all ACA workers in Queensland via email and notice board alert and ACA senior leaderships teams, health and safety representatives and workers via initial and ongoing meetings.
• Engage a third-party consultant to assist in the development, implementation and management of a Safety Foundations Pilot Program (program). The program will be evaluated and, subject to a successful evaluation, the program will be rolled out across all ACA worksites.
• Establish a quarterly Safety Supply Chain Forum involving a number of potential suppliers, contractors and project partners.
• Maintain the Acciona Integrated Management System (AIMS) for the term of the EU and undergoing third party accreditation auditing to ensure compliance.
• Engage a third-party auditor to conduct an additional audit and provide recommendations for improvement of:
  • Acciona’s current subcontractor prequalification system and onboarding process to ensure they continue to meet WHS requirements
  • the AIMS to ensure consistency between the current system and legacy work health and safety systems that applied to legacy projects
• Establish a mental health and wellbeing partnership with a mental health advocate to support, promote and enhance safety in the workplace by developing and delivering a ‘mental health in construction’ program.
• Collaborate with a Queensland university and consulting with State industry associations to develop a practical ‘Temporary works for working at heights’ guide, and on completion distribute the guide to industry.
• Donate to a mental health organisation to assist with the continued roll out of mental health support services initiatives.
• Donate to a crisis support service to assist with the continued roll out of mental health and suicide prevention initiatives.
• Recover departmental costs associated with the EU.

This undertaking has a total minimum expenditure of $563,724 (including recovery of departmental costs).

View/download the Cover letter, enforceable undertaking and Regulator's reasons for decision (PDF, 8.7 MB) – 23 September 2022

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

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 variation for Logan City Council (PDF, 1.18 MB)– 1 March 2024

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)

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).

• View/download the enforceable undertaking and Regulator's reasons for decision – 9 September 2021 (PDF, 0.32 MB).

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).

• View/download the enforceable undertaking and regulator’s reasons for decision – 29 November 2021 (PDF, 1.18 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 the variation for Ferrovial Construction (Australia) Pty Ltd – 29 September 2023 (PDF, 0.35 MB).

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

• View/download the enforceable undertaking and regulator’s reasons for decision – 29 November 2021 (PDF, 16.8 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 Sun Metals Corporation Pty Ltd (PDF, 0.25 MB) – 31 March 2022

Obligation holder: Followmont Transport Pty Ltd
Date accepted: 21 December 2020
Date completed: 4 April 2024

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

Obligation holder: Wilmar Sugar Pty Ltd
Date accepted: 17 December 2019
Completion Date: 3 May 2023

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.

• View/download variation for Wilmar Sugar Pty Ltd (PDF, 0.07 MB) – 20 Oct 2020
• View/download variation for Wilmar Sugar Pty Ltd (PDF, 0.37 MB) – 19 May 2020

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).