Rivalea (Australia) Pty Limited

On 21 May 2016, a sub-contractor conducting work on a roof, stood on a sheet of mini-orb ceiling material and fell through the roof onto the concrete floor below, suffering serious injuries.

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.

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 Rivalea (Australia) 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”.

Summary of undertaking:

Activities Rivalea (Australia) Pty Limited will undertake include:

  • up to 30 contractors or community members to undertake the nationally accredited “Work Safely at Heights” training course;
  • up to 90 Rivalea leaders to undertake two units of the nationally accredited "Risk Management for Supervisors and Managers” training course;
  • engage an external WHS consultant to undertake a working at heights audit;
  • deliver industry presentations - ‘Lessons Learnt’ and ‘Learning from Success’ at two industry events; and
  • coordinate and hold a community Farm Safety Day.

This undertaking has a total expenditure of $334,136.

Date accepted

4 December 2019

Further information

View the full Rivalea (Australia) Pty Ltd enforceable undertaking.

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