FK Gardner and Sons Pty Ltd

On 19 March 2007, a labour hire worker for FK Gardner & Sons Pty Ltd was using a fabricated steel ladder to access a mezzanine floor storage area. As the worker was about to step from the ladder onto the mezzanine floor, the base of the ladder has slipped out, causing the ladder and worker to fall approximately 2.4 metres to the floor below.

A breach of s24(1) and 28(1) of the Workplace Health and Safety Act 1995, was alleged.

• Develop and implement an OHS Management System consistent with the requirements of AS/NZS 4801:2001 and conduct a series of third party audits of the system to ensure compliance with the requirements. Audit reports will be provided to WHSQ with audit recommendations to be implemented.
• Provide Workplace Health and Safety Officer or equivalent training to five key site personnel each year for a period of three years.
• Provide Prescribed Occupation training for five site personnel each year for a period of three years in the use and operation of Elevated Work Platforms.
• Provide Workplace Trainer and Assessor (Certificate IV) training for two key personnel each year for a period of three years.
• Deliver two health and safety training sessions each year for a period of three years to subcontractors engaged by the company and whose activities expose workers to work at heights over two metres.
• Donate an agreed amount to the Princess Alexandra Hospital Spinal Unit each year for a period of three years.

This undertaking has a total minimum expenditure of $249,000 (Including departmental costs).

View/download the enforceable undertaking (PDF, 376kB)