Mr Alistair Macdonald
An enforceable undertaking outlining the commitments of Mr Alistair Macdonald after a worker was fatally injured on 13 October 2020 after from being struck by a telehandler on a chicken broiler farm in Goolgowi, NSW.
Alleged breach
Mr Alistair Macdonald contravened section 19(1) and 32 of the Work Health and Safety Act 2011.
Summary of undertaking
Activities Mr Alistair Macdonald will undertake include:
- the development and implementation of safe systems of work and training for volunteers and truck drivers undertaking rural charitable hay runs;
- the development, manufacture and implementation of an engineering load restraint control on truck trailers, obviating the need for workers to work in and around a trailer when loading, securing, and unloading hay bales;
- a targeted workplace safety audit focussed on the risks associated with people interacting with mobile plant, including the implementation of corrective actions identified in the audit;
- the creation of an annual grant (for a period of 3 years) for students of a regional TAFE, considered to have demonstrated the highest attitude towards safety in the workplace.
This undertaking has a total expenditure of $380,000.
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 Mr Alistair Macdonald 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:
9 February 2024
Further information
View the full undertaking provided by Mr Alistair Macdonald (PDF, 300.94 KB)
If you are not able to access the information in this PDF we can make alternative arrangements for you. Please contact [email protected].