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NSW: company enters into $334,000 enforceable undertaking

Date: 
Tuesday, 4 February, 2020 - 16:45
Category: 
Incidents & prosecutions
Location: 
New South Wales

Rivalea (Australia) Pty Limited recently entered into an enforceable undertaking with a total expenditure of $334,136 following an incident in which a subcontractor conducting work on a roof stood on a sheet of mini-orb ceiling material and fell through the roof onto the concrete floor below, suffering serious injuries.

SafeWork NSW said there were a number of reasons for accepting the undertaking:

  • the alleged contravention does not appear to be a section 31 Reckless conduct category 1 offence, which if it was the case, would preclude the proposed undertaking from being accepted
  • the nature of the alleged contravention and the actions taken by Rivalea (Australia) Pty Limited in response to the incident are assessed as being appropriate for consideration of an undertaking
  • the strategies proposed in the undertaking have been assessed as likely to deliver long term sustainable safety improvements in the workplace, industry and community
  • the undertaking addresses the requirements contained within the “SafeWork NSW Enforceable Undertakings Guidelines”.

 

As part of the enforceable undertaking, Rivalea (Australia) Pty Limited will undertake the following activities:

  • up to 30 contractors or community members to undertake the nationally accredited “Work Safely at Heights” training course;
  • up to 90 Rivalea leaders to undertake two units of the nationally accredited "Risk Management for Supervisors and Managers” training course;
  • engage an external WHS consultant to undertake a working at heights audit;
  • deliver industry presentations including ‘Lessons Learnt’ and ‘Learning from Success’ at two industry events; and
  • coordinate and hold a community Farm Safety Day.