Fatal incident leads to agreement with state safety watchdog
A fatality in New South Wales four years ago has seen transport and logistics firm Lindsay Australia agreeing to a number of conditions following court proceedings but specific details of the enforceable undertaking (EU) are yet to be released.
SafeWork NSW says details will appear on its website next week.
SafeWork NSW began District Court action against Lindsay, under the Work Health and Safety Act, in October 2017 after the fatality at the firm’s Arndell Park site in 2015.
SafeWork NSW and police investigated the incident, with the company’s cooperation, inspecting the site and equipment.
“This outcome represents an opportunity for the company to promote important safety initiatives across the business, as well as the transport industry and the community broadly,” Lindsay Australia MD Kim Lindsay.
“This is a very positive outcome arising from extremely sad and difficult circumstances.”
Read how Lindsay driver Darren Cooke was honoured for a rescue, here
After a relative spate in the middle of the decade, NSW EU use has been quite rare in the past two years.
Before this one, two companies have agreed to them this year and four in total last year, compared with 11 in 2016 and nine in 2015.
Penalties for noncompliance can include application for a court order to enforce compliance or to discharge the undertaking.
The maximum penalty for failure to comply is up to $250,000 and SafeWork NSW may also seek to prosecute the original contravention or alleged contravention.
“The entering into an EU is an alternative to the court process, and satisfactory compliance with the terms of the EU by Lindsay will result in the court proceedings being discontinued,” the company notes.
“The activities required under the terms of the EU will reportedly deliver safety related promotional and advertising initiatives, training initiatives and technological initiatives, with benefits extending to the road transport and logistics industry, the community and the company.”