Enforceable undertaking benefits workers, industry and the community
A Rockhampton training centre will implement a workplace health and safety management system and provide training for staff, contractors and small business after a training course participant suffered severe injuries while attending a plant operator course.
CSTC Pty Ltd is required to carry out a series of safety activities after entering into an enforceable undertaking with the department after inspectors investigated the incident that left the training participant with severe leg injuries.
An enforceable undertaking is a legal alternative to a prosecution. An organisation agrees to carry out specific activities to improve worker health and safety and deliver benefits to industry and the community.
It was alleged that CSTC Pty Ltd breached sections 24(1) and 28(1) of the Workplace Health and Safety Act 1995 (the Act) (PDF 766 KB). Under the terms of the undertaking, CSTC Pty Ltd will spend approximately $209,000 to:
- implement and maintain an occupational health and safety (OHS) management system aligned to AS/NZS 4801:2001
- implement a series of third party audits of the OHS management system and implement recommendations resulting from these audits
- provide a range of specified training programs for staff, contractors, and small business on OHS related matters
- provide a range of professional development training for staff, trainers and assessors, and
- conduct a range of external activities such as audits and industry workshops that will deliver improved small business practices.
An organisation's compliance with an enforceable undertaking usually costs considerably more than the amount they could expect to be fined in court. This is largely due to a commitment to substantial educational and safety promotion obligations, as well as the cost of carrying out safety upgrades, audits and training.
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