Proway Livestock Equipment Pty Ltd (Proway)

On 22 January 2013, a worker employed by Proway Livestock Equipment Pty Ltd (Proway) was injured whilst cutting the lid off a 44 gallon drum when the drum exploded.

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 Proway will undertake include:

  • establish an accredited Work Health and Safety Management System
  • provide further additional training to both current and future employees in Work Health and Safety
  • produce a safety media campaign on the dangers of cutting drums and a case study
  • present information sessions on the dangers of cutting drums to TAFE NSW Riverina Institute Metal Trades section
  • make a donation to the Sydney Burns Fund for the support of a PHD student into burns research.

This undertaking has a total expenditure of $207,250.

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 Proway 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

2 December 2015

Further information

View the Proway Livestock Equipment Pty Ltd enforceable undertaking.