Enforceable Undertakings - Tomazos Group and JGA Concreting

‚ÄčNT WorkSafe has accepted enforceable undertakings from two companies over an April 2015 incident where a worker sustained serious injuries after falling from a wall on a Darwin construction site.

The Tomazos Group Pty Ltd (principal contractor) and JGA Concreting Pty Ltd (employer) will spend a minimum of $60,000 and $53,420 respectively on range of activities to improve health and safety in the workplace, the construction industry and deliver health and safety initiatives to the wider community

It is alleged that the Tomazos Group Pty Ltd failed to comply with health and safety duties under Section 32, 38 and 39 of the Work Health Safety (National Uniform Legislation) Act (the Act) and breached Regulations 39 and 300 of the Work Health Safety (National Uniform Legislation) Regulations.

It is alleged JGA Concreting Pty Ltd failed to comply with health and safety duties under Section 32 of the Act.

Executive Director of NT WorkSafe, Stephen Gelding said an enforceable undertaking is a legally-binding agreement between NT WorkSafe and a business as an alternative to prosecution over an incident.

“Both accepted enforceable undertakings provide more benefits to the construction industry workers, subcontractors and wider community than would have been gained through a prosecution.”

“Increasing the knowledge and experience of businesses and workers will help create safer workplaces in the Territory,” Mr Gelding said.

“Proposing an enforceable undertaking is not an option available to all businesses that are alleged to have breached the work health and safety legislation.”

“More serious matters and breaches that are considered a category 1 offence under the Act will be prosecuted,” Mr Gelding said.

“When considering an enforceable undertaking proposal, we look for health and safety initiatives that will deliver tangible benefits for workers, industry, and the community as a whole.”

NT WorkSafe has commenced monitoring the enforceable undertaking to ensure the activities are implemented and will continue to do so until the undertaking is completely discharged.

A list of the enforceable undertakings accepted by NT WorkSafe is available here.