Enforceable undertaking accepted to improve construction industry safety

NT WorkSafe has accepted an enforceable undertaking (EU) from A.M. Cranes & Rigging Pty Ltd (A.M. Cranes) over a 2019 serious incident where two workers suffered crush injuries after being pinned between a wall and a 1.8 tonne electrical switchboard at a Palmerston construction site.

The incident occurred when the workers attempted to manually manoeuvre the top-heavy switchboard into position using four load skates.

NT WorkSafe alleged A.M. Cranes failed to have sufficient safe systems of work in place to ensure the workers were not exposed to a risk of death or serious injury.

NT WorkSafe charged A.M. Cranes in December 2020 for failing to comply with their primary duty of care under Sections 19(1) and 19(2) of the Work Health and Safety (National Uniform Legislation) Act.

A.M. Cranes has committed to spending $63,000 to undertake the following activities to improve safe systems within the company, and deliver health and safety initiatives to the construction industry and wider community:

• Engage an external qualified expert to undertake a review of the company’s safety management systems to ensure continuous improvement, with each audit report to be provided to NT WorkSafe;
• Conduct training on Safe Work Method Statement preparation, and use the incident as a case study, to increase workers’ knowledge on hazard identification and communication;
• Deliver frontline leadership training to indigenous workers via an indigenous employment service provider to create a more capable indigenous workforce in the industry;
• Develop and distribute guidance materials via an indigenous employment service provider to improve safety of indigenous communities where industrial projects are being undertaken; and
• Make a donation to Mates in Construction to improve the mental health of construction industry workers.

As part of the EU, Adam Murrihy the Director of A.M. Cranes, issued a statement indicating A.M. Cranes was regretful of the incident and significantly concerned at the injuries sustained by the two workers. In addition, A.M. Cranes is fully committed to improving not only its own health and safety, but improving the management of health and safety in industry through this EU.

NT WorkSafe Executive Director Peggy Cheong said poor safety practices put workers at risk and jeopardise their right to return home safely.

“The incident led to serious injuries and had the potential to result in an even more devastating outcome.”

“The acceptance of the EU will lead to the provision of information, education and guidance materials to industry and community to ensure understanding of the risks involved and promote implementation of appropriate management processes and work systems.”

On the basis of the enforceable undertaking, the charges against A.M. Cranes have been withdrawn in the Darwin Local Court.

Related document

• A.M. Cranes & Rigging Pty Ltd [enforceable undertaking]
• Charges laid over serious crush injury incident [media release]