BC Sands Pty Limited

On 25 October 2013, two employees and a contractor of BC Sands attempted to move a firewood tumbler barrel out of the workshop. During this process the barrel was dislodged from the forklift tines, dropping onto the contractor’s foot.

Alleged breach

Section 19(1) of the Work Health and Safety Act 2011 (WHS Act), as a person with health and safety obligations prescribed under Section 32 of the WHS Act.

Summary of undertaking

Activities BC Sands will undertake include:

  • provide additional, enhanced toolbox meetings, incorporating safety stories from external guest speakers.
  • implement an electronic software program to assist BC Sands develop an improved induction program.
  • provide first aid training to all existing full time employees.
  • replace existing forklifts with five upgraded forklifts fitted with quality safety features.
  • implementation of a safety campaign including monthly safety slogans which will be marketed through safety calendars, billboard advertisement, via the company website, hold messages, social and print media.
  • present at the Master Builders Association (MBA) Divisional Information night and sponsor an injured worker to attend and present on the night.
  • provide a work experience opportunity for a person with a disability and/or mental illness.

This undertaking has a total expenditure of $292,040.69.

Reasons for accepting the undertaking

  • the alleged contravention does not appear to be a section 31 Reckless conduct category 1 offence, which if it was the case, would preclude the proposed undertaking from being accepted
  • the nature of the alleged contravention and the actions taken by BC Sands in response to the incident are assessed as being appropriate for consideration of an undertaking
  • the strategies proposed in the undertaking have been assessed as likely to deliver long term sustainable safety improvements in the workplace, industry and community
  • the undertaking addresses the requirements contained within the “Enforceable Undertakings – Guidelines for Proposing a WHS Undertaking”.

Date accepted

29 January 2016

Further information

View the  BC Sands Pty Limited enforceable undertaking.