$54,000 enforceable undertaking for equipment rental hire company

The following article is a news item provided for the benefit of the Workplace Health and Safety profession. Its content does not necessarily reflect the views of the Australian Institute of Health & Safety.
Tuesday, 19 July, 2022 - 13:00
Incidents & prosecutions

The National Heavy Vehicle Regulator (NHVR) recently accepted an enforceable undertaking from equipment rental hire company Pacific Hire Wangaratta, in response to a mass breach.

It was alleged that on 29 September 2020 at Victoria’s Dandenong South that Pacific Hire Wangaratta was operating a heavy vehicle that failed to comply with the applicable mass limits of section 96(1) of the Heavy Vehicle National Law (HVNL).

The heavy vehicle operated by the company exceeded the prescribed twin steer axle mass limits of 11 tonnes applying to the vehicle, with an alleged mass of 15.4 tonnes.

NHVR director of prosecutions, Belinda Hughes, said Pacific Hire Wangaratta would make significant changes to its operations to prevent a recurrence.

“Pacific Hire Wangaratta has committed over $54,000 towards education initiatives to rectify its safety breaches – a considerable investment that could not have been achieved through a court fine,” Hughes said.

“It demonstrates the company’s commitment to educate, train and raise awareness in complying with the Heavy Vehicle National law.”

Under the enforceable undertaking, the company must deliver a load restraint driver training handbook, which will be made available to the industry as a downloadable resource.

Staff will receive training on load restraint requirements and the safe stowing of high-risk equipment, which includes Elevated Work Platform, forklift, and yellow card requirements.

Biannual safety management system audits and reviews will be conducted with senior management, and monthly toolbox meetings, transport procedures and processes will be discussed with staff.