Avopiling Australia Pty Ltd
On 08 January 2018, a worker engaged by a subcontractor to provide services to Avopiling Australia Pty Ltd, was pinned between two segmental casings during the unloading of one of the casings from a truck, sustaining crush injuries.
Alleged breach
Avopiling Australia Pty Ltd contravened section 19(1) and 32 of the Work Health and Safety Act 2011.
Summary of Undertaking
Activities Avopiling Australia Pty Ltd will undertake include:
- conduct a research study into safety culture and a review of high-risk construction SWMS, followed up with a customised leadership training course by TAFE NSW for Avopiling’s employees.
- develop a customised course to enhance awareness and knowledge to the construction industry with heavy haulage and chain of responsibility obligations, in collaboration with TAFE NSW and the Chartered Institute of Logistics and Transport.
- develop an animation on the risks associated with the loading and unloading of plant, equipment and materials.
This undertaking has a total expenditure of $586,230.
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 Avopiling Australia 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 “Enforceable Undertakings – Guidelines for Proposing a WHS Undertaking”.
Date accepted
22 April 2021
Further information
View the full Avopiling Australia Pty Ltd undertaking (PDF 1.1MB).
For assistance with a web accessible version of the full Enforceable Undertaking email: [email protected].