SafeWork NSW

PUBLIC NOTICE OF SAFEWORK NSW’S ACCEPTANCE OF UNDERTAKING

Notice of Acceptance of an Enforceable Undertaking under Part 11 of the Work Health and Safety Act 2011.

On 1 February 2021, at a construction site located at Shellharbour NSW an apprentice who was tasked with installing Dincell formwork wall panels on level 2 of the construction site, stepped onto a piece of plywood. The plywood was covering a penetration. The apprentice fell through the penetration to the basement floor,approximately 12 metres below.

SafeWork NSW investigated the incident and subsequently alleged that Combeda Constructions Pty Ltd contravened section 32 of the Work Health and Safety Act 2011 (WHS Act) by failing to comply with a health and safety duty under s19(1) of the WHS Act.

SafeWork NSW has accepted an enforceable undertaking from Combeda Constructions Pty Ltd, ACN 101 148 529 in accordance with Part 11 of the Work Health and Safety Act 2011 in relation to the abovementioned alleged contravention. This notice has been placed under the terms of the Enforceable Undertaking and acknowledges acceptance of the Enforceable Undertaking by Combeda Constructions Pty Ltd.

The undertaking requires the following actions:

• WHS knowledge and capability building including:

- the appointment of a Contract Administrator/WHS Compliance Officer.

- due diligence training.

- a third-party audit of WHS operations.

- digitising WHS compliance systems.

• Host an Industry Seminar that includes:

- a lessons learnt presentation by Combeda Constructions Pty Ltd to industry attendees.

- presentation on the impact serious workplace incidents can have on families.

- a presentation on work health and safety obligations for duty holders.

• Produce and promote a lessons learnt webinar in partnership with SafeWork NSW.

The full undertaking and general information about enforceable undertakings is available at

safework.nsw.gov.au.