David Richards and Scott Facey

On 30 June 2013 a worker employed by the Great Northern Hotel sustained very serious injuries whilst cleaning beer lines when they burst, spraying acid.

Alleged breach

Bambora Pty Ltd, Portrich 2 Pty Ltd and Keep it Cummin Pty Ltd contravened sections 19(1), 19(2), 32, 38 and 39 and David Richards contravened section 27(1) of the Work Health and Safety Act 2011 in relation to the three entities listed above.

Summary of undertaking

Activities David Richards and Scott Facey will undertake include:

  • establish a staff training and compliance module on beer line cleaning safety
  • apply a physical change to the beer line cleaning procedure and equipment
  • produce an Industry Cellar Safety Awareness Campaign
  • make a donation to Save Sight Institute.

This undertaking has a total expenditure of $72,646.73.

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 David Richards and Scott Facey 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

30 May 2016

Date completed

22 January 2019

Further information

You can view the David Richards and Scott Facey enforceable undertaking in full.

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