William John Seery

On 20 March 2014 a worker employed by a transport company sustained fatal injuries when he was run over by a moonbuggy during the loading/unloading of cotton bales at Brighann Ginning in Moree NSW.

Alleged breach

Mr Seery contravened sections 19(1) and 32 of the Work Health and Safety Act 2011.

Summary of undertaking

Activities Mr Seery will undertake include:

  • develop and implement a Safety Culture Enhancement Program
  • develop and implement a Due Diligence Program
  • refine traffic management processes
  • build a seed truck catwalk
  • produce industry specific safety awareness videos
  • conduct a presentation to industry on the incident
  • promote and conduct a fatigue management and safety awareness campaign

This undertaking has a total expenditure of $127,130.

Reasons for accepting the undertaking

  • the circumstances in this matter were determined as exceptional
  • 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 Mr Seery 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 2016

Further information

View the full William John Seery undertaking.