Dalkia Technical Services Pty Ltd

On 26 March 2012, a worker employed by Manufacturing Industries Group Apprenticeship Scheme ("MIGAS") and seconded to Dalkia Technical Services Pty Limited was injured when he stepped onto and fell feet first through a skylight and landed on a table below.

Alleged breach

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

Summary of undertaking 

  • Submitting to certification and surveillance audits of the Dalkia (OHSMS) carried out by qualified third party auditors in compliance with AS/NZS 4801 and BS OHSAS 1800.
  • Implementation of RIVO Safeguard Incident Management and Non Conformance
    Management software with mobile applications and reporting in real time enabling
    Dalkia to improve the identification, management and analysis of hazards and risks
    in the workplace.
  • Improvement of online induction and refresher training in relation to work health and
    safety.
  • Preparation and delivery of a 'lessons learnt' presentation to industry groups.
  • Donation to Airconditioning and Mechanical Contractors Association (AMCA) in
    support of their Annual Safety Week.
  • Development, printing and distribution to AMCA industry association members of a
    safety calendar with monthly safety themes which focus on high risk activities of the
    industry.
  • Knowledge sharing with small business in the industry around safety processes and
    procedures.
  • Knowledge sharing with the wider community around safety processes and
    procedures.
  • Donation to Gosford SES for the purchase of safety equipment.
  • Donation to KIDSAFE for expenditure on child injury prevention.
  • Donation to the Central Coast Surf Life Saving Club for expenditure on safety
    equipment.
  • Donation to Spinal Cord Injuries Australia to support attendance at the upcoming Expo for persons affected with spinal cord injuries, including travel costs for carers and family.

This undertaking has a total expenditure of $273,900.

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 Dalkia 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, and

Date accepted

16 December 2013

Further information

You can view the Dalkia Technical Services Pty Limited enforceable undertaking in full.