Cape Cod Australia Pty Ltd

On 12 November 2012, two apprentices sustained various injuries during a renovation to an existing residential property when the staircase they were attempting to remove was too heavy for them to support and it fell approximately 2.73m, pinning them to the concrete floor below.

Alleged breach

Section 19(1) and 32 of the Work Health and Safety Act 2011.

Summary of undertaking

Activities Cape Cod will undertake include:

  • Employment of a dedicated Work Health and Safety Coordinator who will be responsible for developing the WHS capability of the organisation and its staff and subcontractors;
  • Development and implementation of an annual safety seminar for employees and subcontractors aimed at building capability across a range of safety topics;
  • Increasing the training program of Cape Cod apprentices to specifically include courses in manual handling and working at heights.  The training will be scheduled early on in the apprentice’s tenure when they are most vulnerable and where it will have the greatest impact;
  • Development and implementation of an online safety documentation system for small builders/contractors of Cape Cod that will also be made available to other small construction businesses through the Housing Industry Association.

This undertaking has a total expenditure of $344,269.

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 Cape Cod Australia Pty Ltd 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

5 November 2015

Further information

View the Cape Cod Australia Pty Ltd enforceable undertaking.