Incident

In November 2022, two station hands were installing fence posts at Vemelha Station in the Katherine Region. One worker was operating a tractor with an attached post-driver, while the other worker was manually positioning the fence posts. The worker manually positioning the fence post had his arm crushed by the post-driver, which later had to be amputated.

Alleged breach

It is alleged that Vermelha Pty Ltd and Mr Hoang Diep Nguyen failed to comply with their health and safety duties under Sections 19(1), 19(3)(a)(b)(c)(f) and 21(2) of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act).

Summary of work health and safety undertaking

An undertaking given by Vermelha Pty Ltd and Mr Hoang Diep Nguyen in relation to the alleged contraventions has been accepted by the Regulator as an enforceable undertaking under Part 11 of the Act.

Vermelha Pty Ltd and Mr Nguyen 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:

• Engage the services Work Health and Safety Consultancy Company for a period of two years to assist Vermelha Station and its employees, and engage an external work health and safety advisor to conduct a yearly audit for the next two years of the safety systems.
• Upgrade uniforms and personal protective equipment for workers to reduce heat-related stress.
• Enhance worker accommodation quarters and communal recreation facilities at Vermelha Station at to assist with worker fatigue and mental health.
• Develop a mobile app aimed at improving worker safety when working in remote or isolated areas, which allows workers to access relevant safety information offline.
  • Once developed, the mobile app will be shared with the NT Cattlemen's Association (NTCA) members for use on other working stations in the Northern Territory.
• Sponsor first aid training for 10 participants in the NTCA Pastoral Real Jobs Program.
• Sponsor up to five participants in the Georgina Pastoral Future NTCA Program to complete a Certificate IV in Work Health and Safety.
• Sponsor and facilitate a one-day work health and safety workshop to members of the NT Vietnamese Horticultural Association.
• Develop Vietnamese-language resource kits for both employers and workers, targeted at the pastoral and horticultural industries.
• Present at a Vietnamese business community event a presentation on the work health and safety requirements when doing business in the Northern Territory.

The amount spent on work health and safety rectifications following the incident was $109,000 (not included below).

The financial commitment of the activities proposed in the undertaking are:

• workers or the workplace – $95,000
• industry – $60,000
• the community – $45,000.

The financial commitments to the undertaking have a total minimum expenditure of $200,000

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.