Date accepted: 5 April 2017

Incident

On 21 April 2015 a worker sustained serious injuries after falling from a height of approximately five metres at a Tomazos Group Pty Ltd construction site in Darwin.

Alleged breach

It was alleged that Tomazos Group Pty Ltd failed to comply with health and safety duties under Section 32, 38 and 39 of the 'Work Health and Safety (National Uniform Legislation) Act' (the Act) and Regulation 39 and 300 of the Work Health and Safety (National Uniform Legislation) Regulations.

Summary of work health and safety undertaking

An undertaking given by Tomazos Group Pty Ltd in relation to the alleged contraventions has been accepted by the regulator as an enforceable undertaking under Part 11 of the Act. Tomazos Group Pty Ltd 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:

  • Providing Certificate IV in work health and safety training to workers and subcontractors.
  • Creating an additional position to help oversee work health and safety.
  • Providing additional training to workers and management to reinforce the right to stop unsafe work; and
  • Providing donations to Men’s Shed and Oz Help.

The amount spent on work health and safety activities to date is $10,000.

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

  • workers or the workplace – $30,000;
  • industry - $10,000, and
  • the community - $10,000.

The financial commitments to the undertaking have a total minimum expenditure of $60,000.

Reasons for regulator acceptance

The regulator accepted the 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 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.