Wagga Motors Pty Ltd

On 23 December 2015, a worker was fatally injured after being struck by the tailgate of a horse float at his place of employment. The float's hydraulic tailgate system failed to control the operation of the tailgate which struck the worker as it came down.

Alleged breach

Contravention of section 19(1) of the Work Health and Safety Act 2011 (WHS Act), as a person with health and safety obligations prescribed under sections 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 Wagga Motors Pty Ltd 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 the undertaking

The activities Wagga Motors Pty Ltd will undertake include:

  • employing a Work Health and Safety (WHS) Coordinator
  • reviewing and updating the existing WHS management system
  • introducing a safety culture program
  • conducting a full review of safe work procedures in the workshop
  • presenting lessons learnt at Isuzu Truck Dealers business meetings
  • presenting lessons learnt at NSW Motor Traders Association members forums
  • partnering with Committee for Wagga and Chamber of Commerce to conduct/facilitate a safe work expo.

This undertaking has a total expenditure of $200,000.

View the full Wagga Motors Pty Ltd enforceable undertaking.

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