Colas New South Wales Pty Ltd

On 22 June 2022, a piece of plant had been switched off to conduct non-routine maintenance activity. During that activity, a worker was seriously injured when his arm was caught in a moving conveyor that had been switched back on.

Alleged breach

Colas New South Wales Pty Ltd contravened section 19(1) and 32 of the Work Health and Safety Act 2011.

Summary of undertaking

Activities Colas New South Wales Pty Ltd will undertake include:

  • Trial and implement a technology to minimise collisions between plant and workers on foot
  • Develop a program to enhance awareness and opportunities in the construction industry for people with autism spectrum disorder and share this program with industry
  • Undertake an internal review of and develop a detailed process to deal with, ‘out of sight out of mind’ areas in the flexible pavement industry and share this with industry

This undertaking has a total expenditure of $1,100,000

Reasons for accepting the undertaking

  • The alleged contravention does not appear to be a section 31 Reckless conduct category 1 or section 34C industrial manslaughter 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 Colas New South Wales 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

17 October 2025

Further information

View the full Colas New South Wales Pty Ltd undertaking (PDF, 410.56 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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