By Mike Toten Freelance Writer

After a company was charged with breaching Victorian workplace health and safety legislation and regulations, it has signed an enforceable undertaking to spend almost $170,000 to make various improvements. The undertaking, if complied with, means it will avoid prosecution.

FACTS OF CASE

The company was charged with various breaches after it told an unlicensed employee to use two cranes to lift a 30-tonne object and an accident resulted. The breaches included failing to comply with WHS duties towards employees, requiring an employee to do work he was not licensed to perform, failure to immediately report the accident to WorkSafe Victoria and failure to preserve the accident site.

The cranes were overhead gantry cranes that were not synchronised to operate together. They were to lift and rotate a 30-tonne steel frame. The frame overbalanced and fell, causing extensive damage, but fortunately, no-one was hit or injured (but could have been).

The employee did not have the required rigger’s licence and had not performed the job before. The company had no documents or plans that set out how to perform the task, for instance, which lifting points on the cranes to use. There was no qualified work supervisor on-site at the time.

The regulator found that it had been reasonably practicable for the employer to have documented suitable work procedures, ensure employees performing the work had the requisite licences, notify WorkSafe immediately and preserve the accident scene.

ENFORCEABLE UNDERTAKING

The employer and WorkSafe agreed to an enforceable undertaking valued at $168,900. It requires the employer to do the following:

  • Host two industry forums for students at the local technical school
  • Donate $25,000 to the school
  • Lead the creation of a guidance manual on development of lifting plans for steel fabrication processes
  • Invest in technology to provide employees and contractors with access to online safe work method statements and lifting plans
  • Modify its gantry cranes so their synchronisation is automated

Each of the above is subject to quarterly reporting of progress to WorkSafe.

At its own workplace, the employer also provided rigger training to 11 employees and refresher training on reporting procedures, site preservation for high-risk work for managers and supervisors; updated its Safe Work Method Statement for crane operation; and introduced a new procedure for dual lifts.

WHAT THIS MEANS FOR EMPLOYERS

Employees and contractors must be properly trained, and have all required licences and other qualifications, to perform the work they are directed to do.

The case provides guidance as to when an enforceable undertaking will be considered as an alternative to prosecution. Note that the undertaking sets out the initiatives the employer is required to undertake in considerable detail and itemised costing.

READ THE UNDERTAKING

Thornton Engineering Australia Pty Ltd enforceable undertaking