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.
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.
4 December 2019