Delta Pty Limited

On 13 November 2017, during deconstruction of a concrete encased beam and supporting columns on a site in Circular Quay, a concrete beam fell and struck the external scaffold causing damage and creating a risk of scaffold collapse.

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.

Summary of the undertaking

Activities Delta Pty Limited will undertake include:

  • establishing a national QSE/WHS steering committee
  • undertaking a workforce safety survey and training needs analysis
  • developing and implementing a front line supervisor training and mentoring program
  • funding and staging a crystalline silica symposium in collaboration with SafeWork NSW.

Reasons for accepting the undertaking

  • The alleged contravention does not appear to be a Section 31: reckless conduct category 1 offence, which would otherwise preclude the proposed undertaking from being accepted.
  • The nature of the alleged contravention and the actions taken by Delta Pty Limited 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 SafeWork NSW enforceable undertakings guidelines.

This undertaking has a total expenditure of $916,000.

Date accepted

13 June 2019

Further information

View the full Delta Pty Limited enforceable undertaking.

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