Date accepted: 4 March 2016

Incident

On 15 March 2014, workers engaged by Kalidonis Pty Ltd to renovate the office at 16 McMinn Street, Darwin were potentially exposed to asbestos.

Alleged breach

It was alleged that Kalidonis Pty Ltd failed to comply with health and safety duties under Section 32 of the 'Work Health Safety (National Uniform Legislation) Act' (the Act).

Summary of work health and safety undertaking

An undertaking given by Kalidonis Pty Ltd in relation to the alleged contravention has been accepted by the regulator as an enforceable undertaking under Part 11 of the Act. Kalidonis Pty Ltd has committed to a range of activities to improve health and safety standards in the workplace and deliver health and safety initiatives to the industry and wider community. These activities include the:

  • Engagement of an independent WHS consultant to audit safety systems.
  • Ongoing proactive consultation with workers and others to discuss WHS obligations in the construction industry.
  • Development of safety systems working towards WHS compliance in accordance with AS 4801.
  • Translation of safety systems into Greek to be distributed for use within the construction industry.
  • Donation of concreting works and awning to the Darwin Surf Life Saving Club to provide a safe environment with shade cover.

The amount spent on work health and safety activities to date is $16,000.

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

  • workers or the workplace - an estimated ongoing cost of $12,000 to $24,000
  • industry - $5,000, and
  • the community - $44,000.

The financial commitments to the undertaking have a total minimum expenditure of $77,000.

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.