NSW: construction company enters into $389,624 enforceable undertaking

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.
Thursday, 17 November, 2022 - 11:45
Incidents & prosecutions
New South Wales

Ladex Construction Group recently entered into an enforceable undertaking worth $389,624 following an incident on 20 February 2020 in which a worker was seriously injured after falling through an open penetration at one of the company’s sites at Adelong.

It is alleged the company contravened sections 19(1) and 32 of the Work Health and Safety Act 2011, and activities the company will undertake include:

  • WHS leadership training for officers and supervisors
  • WHS training for staff
  • creating a dedicated WHS Coordinator role
  • safety awareness and messaging campaign
  • a local industry radio campaign to increase awareness of falls from heights risks
  • sponsorship of local TAFE safety awards for building and plumbing apprentices
  • a presentation to local TAFE apprentices about the incident and lessons learnt.

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 strategies proposed in the undertaking have been assessed as likely to deliver long-term sustainable safety improvements in the workplace, industry and community.