Terex Australia Pty Ltd

On 25 July 2012, a worker employed by Terex Australia Pty Limited (Terex) was injured when he fell from the plate platform of a crane whilst examining the sensor.

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

  • Introduce working at heights solutions for the production assembly and servicing of the Terex Pick & Carry mobile articulated cranes
  • develop Terex's existing occupational health and safety management system and integrated environmental system in order to be certified by a qualified external auditor as being compliant with OHSAS 18001 and ISO 14001 in respect of Terex's crane business operations at its NSW and Qld worksites
  • design and develop a counterweight sensing device to be incorporated into the Load Moment Indicator for the MAC25 Pick & Carry mobile articulated crane
  • design and develop a Load Moment Indicator system for the MAC2 Pick & Carry mobile articulated crane with improved safety features
  • design and develop a boom raise warning alarm to be incorporated into the Load Moment Indicator system for the Pick & Carry mobile articulated crane
  • present on Terex Cranes' work safety at a leading Australian crane industry conference (Crane Industry Council of Australia National Annual Conference)
  • share information about the benefits and outcomes from the above design projects with the crane industry
  • participate in a university linked training program which provides an engineering student with the opportunity to complete an industry based project.

This undertaking has a total expenditure of $427,335.

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 Terex 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

Date accepted

11 July 2014

Further information

You can view the Terex Australia Pty Limited enforceable undertaking in full.