Enforceable undertaking accepted to improve safety in local council operations

NT WorkSafe has accepted an enforceable undertaking (EU) from the City of Palmerston over a 2020 near drowning incident of one of its workers.

The worker was operating an amphibious weed harvester on a lake in Durack, when it tipped and capsized during operation, briefly trapping the worker under the craft. The worker managed to escape from the capsized craft, but was injured in the incident.

NT WorkSafe alleged the City of Palmerston failed to follow the manufacturer’s safety recommendations by modifying the weed harvester with a crocodile cage without prior consultation with the manufacturer on how this modification would affect the craft’s stability and safety during operation.

The City of Palmerston submitted the EU after being charged in August 2022 with nine offences under the Work Health and Safety Laws for failing in its duty to ensure the health and safety of its workers.

Under the terms of the EU, the City of Palmerston will spend $76,500 on the following activities that will deliver health and safety benefits to its workers, the NT local government sector, and the wider community:

• Installing an emergency communication device and a lifebuoy on the weed harvester trailers, and making these equipment readily accessible for the public to use during emergency.
• Providing workers operating the craft with waterproof mobile phone covers to ensure they can still call for emergency help in the event their phone gets wet while at work.
• Developing and displaying posters and information sheets at its maintenance facility to remind staff of the risks of working around water, working alone and the safe use of the weed harvester.
• Sharing with other local councils its Working Alone Procedure, which was introduced as a result of the incident, and engaging with them to discuss the procedure for their benefit.
• Advising other local councils of the risks and consequences of modifying a waterborne craft.
• Holding two water safety events with a focus on educating the industry and community about water safety.

In addition, the City of Palmerston issued a statement indicating it was regretful of the incident and the harm it caused to the worker. Following the incident, the council has developed strategies and procedures to further improve its safe work systems.

NT WorkSafe Executive Director Peggy Cheong said plant and machinery are major causes of serious injury and workplace deaths in the country.

“Modifying plant and machinery without undergoing proper consultation and assessment, especially with the manufacturer, puts workers at higher risk of harm.”

“I urge all workplaces to use this incident as a case study on the potential consequences of modifying plant and machinery without undertaking the appropriate due diligence.”

“I am satisfied that that the activities proposed in this EU will help in achieving improved safety outcomes not just within the council, but also in its industry and the community it serves.”

The charges against the City of Palmerston will be withdrawn in the Darwin Local Court on Monday 11 December 2023.

Related documents

• City of Palmerston [enforceable undertaking]
• NT WorkSafe charges local council over near drowning incident of worker [media release]