D&A Constructions (NSW) Pty Ltd

Alleged breach

D&A Constructions (NSW) Pty Ltd contravened section 19(1), 19(2) and 32 of the Work Health and Safety Act 2011.

Summary of undertaking

Activities D&A Constructions (NSW) Pty Ltd will undertake include:

• Development of a ‘Checklist Safety Document’ in consultation with industry associations and an engineering body focused on safety actions that should be taken prior to works commencing on an existing building structure
• An independent audit of D&A Constructions (NSW) Pty Ltd’s WHS management systems
• Sharing lessons of the incident to the industry through presentations to industry associations and TAFE students
• Completion of due diligence training
• Completion of mental health awareness training.

This undertaking has a total expenditure of $30,971.

Reasons for accepting 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 D&A Constructions (NSW) 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:

8 April 2026

Further information

View the full D&A Constructions (NSW) Pty Ltd undertaking (PDF, 1231.75 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.