Transport for NSW
On 21 June 2018 a worker suffered fatal injuries after being struck by mobile plant while ‘working on foot’ during roadworks at Cryon, NSW.
Alleged breach
Transport for NSW contravened section 19(1) and 32 and 33 of the Work Health and Safety Act 2011.
Summary of undertaking
Activities Transport for NSW will undertake include:
- The development and roll-out across NSW regional hub locations of a ‘Safety Leadership Summit’ for regional council executives and officers with whom Transport for NSW has a maintenance contract.
- The development and provision to all such regional councils of a ‘safe working near traffic and safe handling and movement of plant awareness’ training package, and a 1 day ‘train the trainer’ course for council nominated employees to be trained and equipped to roll-out and facilitate the training course to their workers and contractors at their respective councils.
- The development and roll-out of a community awareness media campaign across NSW raising awareness of the high risk to workers at temporary work zones (roads and bridges) and the impetus and responsibility on all drivers to take care and remain vigilant for the safety of people working in these temporary zones.
This undertaking has a total expenditure of $2,415,000.
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 Transport for NSW 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
4 May 2021
Further information
View the full Transport for NSW undertaking (PDF 715kb).
For assistance with a web accessible version of the full Enforceable Undertaking email: [email protected].