A.M. Cranes & Rigging Pty Ltd
| Date accepted | 6 December 2022 |
|---|---|
| Proposed expenditure | $63,000 |
Incident
On 20 February 2019, A.M. Cranes & Rigging Pty Ltd was hired to transport and position a 1.8 tonne electrical switchboard into a newly constructed switchboard room at the Palmerston Police Station. During the manoeuvre, the switchboard toppled and pinned two workers, causing serious crush injuries.
Alleged breach
It was alleged that A.M. Cranes & Rigging Pty Ltd failed to comply with their health and safety duties under Sections 19(1) and 19(2) of the Work Health and Safety (National Uniform Legislation) Act (the Act).
Summary of work health and safety undertaking
An undertaking given by A.M. Cranes & Rigging Pty Ltd in relation to the alleged contraventions has been accepted by the Regulator as an enforceable undertaking under Part 11 of the Act.
A.M. Cranes & Rigging Pty Ltd has committed to a range of activities to improve health and safety in the workplace and deliver health and safety initiatives to the wider community. These activities include:
- Engaging 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;
- Conducting a training on Safe Work Method Statement preparation, and use the incident as a case study, to increase workers’ knowledge on hazard identification and communication;
- Delivering frontline leadership training to indigenous workers via an indigenous employment service provider to create a more capable indigenous workforce in the industry;
- Developing and distributing guidance materials via an indigenous employment service provider to improve safety of indigenous communities where industrial projects are being undertaken; and
- Making a donation to Mates in Construction to improve the mental health of construction industry workers.
The amount spent on work health and safety activities following the incident was $25,000 per year (not included below).
The financial commitment of the activities proposed in the undertaking are:
- workers or the workplace – $8,000;
- industry – $40,000; and
- the community – $15,000.
The financial commitments to the undertaking have a total minimum expenditure of $63,000.
Reasons for regulator acceptance
The regulator accepted the enforceable undertaking under Section 216 of the Act and is satisfied that this undertaking offers significant and ongoing commitments to achieve improved work health and safety outcomes and compliance beyond what is required by the law. The regulator believes the enforceable undertaking will act as an alternative, and hence deterrent, to a successful legal proceeding and will result in a tangible improvement in safety in the workplace, industry and the wider Territory community.
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.