Primo Moraitis Fresh Pty Limited

On 9 October 2014, a Packing Operator, employed by a labour hire company, sustained serious injuries when struck by a reversing forklift truck.

Alleged breach

Primo Moraitis Fresh Pty Limited contravened section 19(1) and 32 of the Work Health and Safety Act 2011.

Summary of undertaking

Activities Primo Moraitis Fresh Pty Limited will undertake include:

  • Enhancing their Workplace Health and Safety Management System, through achieving 2nd Party certification to AS/NZS 4801:2001 OHSMS
  • Develop a WHS education program to be rolled out to key groups throughout the organisation
  • Develop a culture change strategy to develop and implement “non-negotiable safety rules” for the organisation, based on the critical risk issues that have or will be identified at Primo sites
  • Review the traffic management arrangements that have been developed since the incident and further review and develop the Homebush Bay traffic management plan.
  • Develop a farm safety strategy, where Primo propose to assist its cabbage growers in NSW.
  • Host a stall and present at the AUSVEG National Horticulture Convention around farm safety that will highlight the work health and safety relationship with the NSW cabbage growers.
  • Engage a media agency to create and produce work health and safety awareness material to be transmitted through digital and/or social media to a young non English speaking audience.

This undertaking has a total expenditure of $294,400.

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 enforceable undertaking from being accepted.
  • the nature of the alleged contravention and the actions taken by you in response to the incident are assessed as being appropriate for consideration of an enforceable undertaking.
  • the strategies proposed in the enforceable undertaking have been assessed as likely to deliver long term, sustainable work health and safety improvements in the workplace, industry and community.
  • the enforceable undertaking addresses the requirements contained within the “Enforceable Undertakings – Guidelines for Proposing a WHS Undertaking”.

Date accepted

16 June 2017

Further information

View the full Primo Moraitis Fresh Pty Limited undertaking.

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