John Cook & Sons Pty Ltd

On 1 February 2021, a contracted truck driver was in the process of securing a load of timber onto their truck, when an unattended forklift struck them. The worker sustained fatal injuries.

Alleged breach

John Cook & Sons Pty Ltd (JCS) contravened section 19 and 32 of the Work Health and Safety Act 2011.

Summary of undertaking

Activities JCS will undertake include:

  • Engage Litum technology and systems to trial a Real Time Location System to prevent the collision of pedestrians and plant, namely forklifts.
  • Partner with CodeSafe Solutions to develop a mobile application that provides instruction, information and training to workers at JCS and templates that can be adopted and used by other businesses in the industry.
  • Share the successes of ‘Smartsheet’ as a means of managing and centralising safety documentation and data.
  • Undertake targeted roadshows to communicate the above strategies as well as the impact the incident has had on the business and individuals in the business, to try and thwart the misconception that a fatal workplace incident “won’t happen to me”.
  • Advertise in an industry publication the importance for businesses to prioritise the separation of pedestrians and plant.
  • Undertake an audit of the WHS Management System to ensure it complies with the principles of AS/NZS ISO 45001.

This undertaking has a total expenditure of $852,754.

Reasons for accepting 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 JCS 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:

5 June 2024

Further information

View the full John Cook & Sons Pty Ltd enforceable undertaking. (PDF, 472.53 KB)

If you are not able to access the information in this PDF we can make alternative arrangements for you. Please contact enforceable.undertakings@safework.nsw.gov.au.

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