Date accepted: 11 September 2018

Incident

On 24 August 2016, a worker fell from the first floor of a residential home under construction. He was cleaning tile grout when he stepped into an unguarded void. The worker fell 2.9 metres resulting in a break of the left femur.

Alleged breach

It was alleged that FR Tiling Pty Ltd and its Director, Mr Farshid Yaweri failed to comply with their health and safety duties under Section 32 of the Work Health and Safety (National Uniform Legislation) Act (the Act).

Summary of work

An undertaking given by FR Tiling/Director in relation to the alleged contraventions has been accepted by the Regulator as an enforceable undertaking under Part 11 of the Act.

FR Tiling/Director has committed to a range of activities to improve health and safety in the workplace and deliver health and safety initiatives to the wider community. These activities include:

  • FR Tiling staff to undertake additional work health and safety training.

  • FR Tiling staff to undertake First Aid training.

  • Training needs analysis conducted for FR Tiling staff and a training schedule developed for the company.

  • FR Tiling director required to undertake to Due Diligence as a Director training.

  • FR Tiling director required to undertake training for hazard identification and other WHS processes.

  • Work health and safety documents translated for staff with limited English literacy.

  • Video resource on fall protection developed for industry.

  • Lessons learnt presentation by FR Tiling director during the WHS module of a career readiness program.

  • $18,400 worth of tiling services for the RSPCA Darwin Shelter to reduce the accumulation of biohazards, and reduce the risk of slips, trips and falls.

The amount spent on work health and safety activities to date is approximately $10,000 (not included below).

The financial commitment of the activities proposed in the undertaking are:

  • workers or the workplace – $9,060;

  • industry - $7,000, and

  • the community - $18,400.

The financial commitments to the undertaking have a total minimum expenditure of $34,460.

Reasons for regulator acceptance

The regulator accepted the WHS undertaking under section 216 of the Act and is satisfied that this undertaking offers significant and ongoing commitments to achieve improved work health and safety outcomes and compliance beyond what is required by the law. The regulator believes the WHS undertaking offers a similar deterrent to a successful legal proceeding and will result in a tangible improvement to safety in the workplace, industry and in the Darwin community.

 NT WorkSafe has commenced monitoring the enforceable undertaking to ensure the activities are implemented and will continue to do so until the undertaking is completely discharged.