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ENFORCEABLE UN DERT AKI NG
Part 11, Work Health and Safety Act 2011
The commitments in this undertaking are offered to the regulator by
RGD Group Pty Ltd Version: 9 Date: 18'h October 2017
RGD Constructions Pty Ltd
(the person)
ABN 43100177 928
Page 1of18
COMMENCEMENT OF UNDERTAKING
This Enforceable Undertaking is given on the day and date that it is accepted and signed by the regulator. The undertaking and its enforceable terms will commence to operate as a legally binding commitmenton the part of the person from the date it is given.
DEFINITIONS
Contravention means an alleged contravention
OIR means the Office of Industrial Relations.
OHSMS means an Occupational Health and Safety Management System
Person means an individual who or a legal entity which has a duty under the Work Health and Safety Act 2011, the Electrical Safety Act 2002 or the Safety in Recreational Water Activities Act 2011 and can give a written undertaking. The term includes individuals, each partner in a partnership, corporations, individuals or corporations as trustees of trusts, statutory corporations, public authorities, the State of Queensland, the Commonwealth of Australia and other Australian states andterritories.
Regulator means the Deputy Director-General, Office of Industrial Relations, being the person appointed by the Governor in Council as regulator under the Safety Acts.
Safety Acts means Work Health and Safety Act 2011, Electrical Safety Act 2002 and Safety in Recreational Water Activities Act 2011
WHS undertaking or undertaking or enforceable undertaking means a written undertaking given under Part 11 of the Work Health and Safety Act 2011 by a person in connection with a matter relating to a contravention or alleged contravention by the person of the Work Health and Safety Act 2011 and includes all of the contents of that document including the general information, general and enforceable terms.
PRIVACY STATEMENT
The OIR respects your privacy and is committed to protecting personal information. The information provided in this document is forthe purpose of an undertaking given to the regulator under Part 11 of the Work Health and Safety Act 2011, Part 3 of the Electrical Safety Act 2002 or Part 4 of the Safety in Recreational Water Activities Act 2011. This information will be managed within the requirements ofthe current state government privacy regime.
The OIR may publish the undertaking and information contained in it for purposes identified in the undertaking or for other appropriate purposes in publications such as newspapers and on its website. The OIR may be required to disclose personal information to other agencies such as the Queensland Police Service and Work Cover in accordance with enforcement activities that may be conducted as part of an investigation. Information on our privacy policy is available at www.worksafe.qId.gov.au.
RGD Group Pty Ltd Version: 9 Date: 18'" October 2017 Page 2 of 18
SECTION 1: GENERAL INFORMATION
1.1 Details of the person giving the undertaking
Nominated person:
Street address: 4575
Mailing address: 4575
Telephone:
Email address:
Legal structure:
Type of business:
Commencement date: 10/04/2002)
Workers:
Products and services:
RGD Constructions Pty Ltd
Unit 3/10 Lake Kawana Boulevard, Bokarina, QLD
Unit 3/10 Lake Kawana Boulevard, Bokarina, QLD
07 5493 4100
Australian Proprietary Company
Building & Construction
RGD Constructions Pty Limited (Registration
Full time - 32 Employees
Part time -1 Employee
Casual - Nil
Building and Construction Services
Comments: RGD Constructions Pty Ltd conducted a thorough investigation following the incident and is committed to ensuring that a similar incident does not occur in the future.
The terms of this Enforceable Undertaking are designed to build on the RGD Constructions Pty Ltd comprehensive safety systems and strive for "best practice" standard of work health and safety that meets and exceeds the requirements imposed by the Work Health and Safety Act 2011.
In addition, the initiatives proposed within this Enforceable Undertaking will provide positive benefits to the industry and the community by delivering valuable health and safety information to both our employees and the industry and community.
1.2 Detail the contravention
It is acknowledged that OIR has alleged that RGD Constructions Pty Limited (ACN 100 177 928) being a person conducting a business or undertaking and who had a health and safety duty under section 20 (2) of the Work Health and Safety Act 2011 failed to comply, so far as reasonably practicable, with the duty contrary to section 33 of the said Act.
1.3 Detail the events surrounding the contravention
On the 5th March 2015, during excavation works on an RGD Constructions Pty Ltd construction project, a section of the perimeter vertical excavation located at the southern end of the eastern
RGD Group Pty Ltd
Version: 9 Date: 18'" October 2017 Page 3 of 18
side subsided causing soil, rock and shotcrete walling to give way. The excavation of the site had been completed and detailed footing excavation was underway at the base of the excavation. At the time of the incident there was two machinery operators operating a fifty tonne excavator and a fourteen tonne excavator, which were excavating and cleaning out the detailed footings at the base of the excavation.
No other people were present in the vicinity of this incident when it occurred and no persons were injured during the incident.
1.4 Detail the enforcement notices issued that relate to the contravention detailed interm 1.2
DATE ISSUE NOTICE TYPE NOTICE CONTRAVENTION OR ACTION TAKEN IN RESPONSE
NUMBER PROHIBITED ACTIVITY TO NOTICE
Non-Restrict persons accessing Area closed until
9/03/2015 disturbance 1001353 notice area investigation completed
1.5 Detail the injury sustained or illness suffered by worker/s or other/s as a consequence of the contravention detailed in term 1.2
No workers were injured in the incident.
1.6 Detail the workers' compensation or other insurance benefits paid to the worker/s who sustained injury or suffered illness as detailed in term 1.5 or to the beneficiaries of deceased persons
The person/s detailed is:
• an employee/s of the entity
• a self-employed person/s
• other
• not applicable
No workers were injured in the incident
r r
x
1.7 Detail any current OHSMS implemented and maintained by the person
RGD Constructions Pty Ltd will continue to maintain during the course of the undertaking, and into the future, an Occupational Health and Safety Management system (OHSMS) compliant with AS/ ANZ 4801 :2001 Occupational Health and Safety Management System - Specification with guidance for use.
RGD Group Pty Ltd Version: 9 Date: 1s•h October 2017 Page 4 of 18
RGD Constructions Pty Ltd also has a Quality Safety and Environmental manual that describes the scope of the OHSMS. The manual is a web based manual, it provides hyperlinks to the system documentation. The description of the interaction between processes of the system is also stated together with a list of the documented procedures.
The objectives and targets of the Quality Safety and Environmental manual was last updated on 261
h July 2016 issue 1.2 and the manual is available to download from the RGD Constructions Pty Ltd electronic management system, called Mango.
1.8 Detail the level of auditing undertaken on the OHSMS referred to in term 1.7, including compliance audits and audit frequency
External independent audits are carried out on an annual basis. The last OHSMS certification audit was carried out by an external certified third-party auditor on 4th and 5th August 2016. The independent audit involved both site and office based auditing together with process and procedure compliance.
In addition to this RGD Constructions Pty Ltd has Safety Representatives on all sites who, together with Site Staff, Safety Committees and External Parties carry out daily, weekly and monthly inspections, meetings and audits relating to ensuring compliance with our OHSMS.
1.9 Detail the consultation undertaken or proposed to be undertaken, in relation to this undertaking
RGD Constructions Pty Ltd undertakes comprehensive Occupational Health and Safety consultation at all levels of the business both on site operations and inter office situations. Current consultation occurs at the following level namely:
• Project Level
o Daily Start up and Tool Box meetings with Workforce
o Safety Committee Meetings and walks
o Notice Board and Site Amenity news flyers
o Regular site BBQ's and Workforce get togethers
• Head Office Level
o Weekly Project Review meetings and Inspections
o Monthly Company Safety Meetings (attended by Directors and Site personnel)
o lntercompany communication and consultation between all sites
• External Parties
o Government Authority meetings and Inspections
o External Audits
In addition to the above, the contents of this Enforceable Undertaking were discussed and formulated through multiple consultation meetings with Company Directors, Site Staff, Safety Managers and other Sub-contractors. The consultation has been carried out specifically in relation to developing this undertaking and deliverables. The Enforceable
RGD Group Ply Ltd
Version: 9 Date: 1s1h October 2017 Page 5 of 18
Undertaking will also involve ongoing consultation and monitoring to ensure compliance in the future.
1.10 Detail the rectifications to the workplace or work practices made as a result of the contravention and events detailed in terms 1.2 and 1.3 and the enforcement notices issued as detailed in term 1.4
On the day of the incident (61h March 2015), RGD Constructions Pty Ltd immediately made the following improvements: -
1. The area outside of the site and within the site effected by the subsidence was immediately cordoned off by protective fencing, together with other safety measures to the area.
2. Ceased all works on site until such stage as a full investigation had taken place, with exclusion zones established
3. Commissioned a Geotechnical Engineer to seek advice, guidance and supervision for the rectification of the area where the subsidence had occurred.
4. Installation of a prefabricated permanent wall formwork system was installed to minimize further risks associated with rectifying the area
5. Concrete was installed to stabilize the vertical face of the excavation that had subsided
Further, as a result of the incident, management of RGD Constructions Pty Ltd implemented the following policies and procedures for projects undertaken by RGD Constructions Pty Ltd, namely:
1. Geotechnical Advice will be obtained prior to commencing any future excavations
2. A more rigorous and detailed pre-start review of excavation works will be undertaken including, Safe Work Method Statement, risk assessments, excavation benching options, supporting systems analysis and implementing adequate control measures to ensure a safe work environment without risks.
3. Seek more detailed information of the geotechnical and latent conditions of adjoining sites and properties where excavation works will be carried out.
Total amount spent on rectifications $5,450.00
SECTION 2: GENERAL TERMS
The person acknowledges and commits to the general terms set forth in the sub-terms below.
2.1 Acknowledgement that the regulator alleges a contravention occurred as detailed in term 1.2
It is acknowledged that DIR has alleged RGD Constructions Pty Ltd has contravened provisions of the Work Health and Safety Act 2011.
2.2 Statement of regret that the contravention occurred and the reasons the person considers this undertaking is a more appropriate response to the contravention than a court imposed sanction
RGD Group Pty Ltd Version: 9 Date: 18th October 2017 Page 6 of 18
RGD Constructions Pty Ltd sincerely regrets the incident that occurred on 5th March 2015.
RGD Constructions Pty Ltd are fully committed and supportive of this Enforceable Undertaking which will enable the business to further improve the awareness of their personnel through the implementation of greater control measures, processes and procedures. This will ensure an overall improvement of Health and Safety within the business and across all current and future work sites.
2.3 Statement of commitment that the behavior, activities and other factors which caused or led to the contravention has ceased and will not reoccur
RGD Constructions Pty Ltd, its Directors and Staff are fully committed to complying with their obligations under the Work Health and Safety Act 2011. RGD Constructions Pty Ltd is committed to ensuring the behavior and activities which led to the alleged contravention has ceased and will not reoccur, so far as is reasonably practicable.
As indicated in 1.10, management of RGD Constructions Pty Ltd will review, and where identified following the conclusion of the case study (refer 3.3.2), implement additional processes and procedures, to ensure a similar incident will not reoccur, so far as is reasonably practicable.
2.4 Acknowledgment of the guidelines published by the regulator for the acceptance of an undertaking
I have read and understood -
Guidelines for the acceptance of an enforceable undertaking.
Version: Version 1 Dated: Last updated 8 January 2016
2.5 Acknowledgement that this undertaking may be published and publicised
2.5.1 RGD Constructions Pty Ltd acknowledges that the undertaking may be published on the OIR's website and referenced in OIR material.
2.5.2 RGD Constructions Pty Ltd acknowledges that the undertaking may be publicised in newspapers.
2.6 Statement of the person's ability to comply with the terms of this undertaking and meet the projected costs of the activities
2.6.1 RGD Constructions Pty Ltd has the financial ability to comply with the terms of this undertaking and have provided evidence by way of Letter from RGD Constructions Pty Ltd Accountant with this undertaking to support this declaration.
2.6.2 In the event of impending liquidation or sale of the entity, RGD Constructions Pty Ltd will advise OIR of the relevant circumstances and its capacity to comply with the outstanding terms of this undertaking.
RGD Group Pty Ltd Version: 9 Date: 13th October 2017 Page 7 of 18
2.7 Statement regarding person's relationship with any corporations, officers, employees, contractor,s, proposed beneficiaries of donations or scholarship or other recipient of financial benefit contained in this undertaking
RGD Constructions Pty Ltd confirms that there is no relationship between officers, employees, contractors, proposed beneficiaries or scholarships or other recipient of financial benefit contained in this undertaking.
2.8 Statement regarding Intellectual Property License
RGD Constructions Pty Ltd grants OIR a permanent, irrevocable, royalty-free, world-wide, nonexclusive license to use, reproduce, publish, distribute, electronically transmit, electronically distribute, adapt and modify any materials developed as a result of this undertaking.
2.9 Acknowledgement that the person may be required to provide a statutory declaration
OIR has requested a statutory declaration outlining details of any prior convictions or findings of guilt under the safety Acts.
rvES XNO
The statutory declaration is attached (if applicable)
rvEs XNO
2.10 Statement of commitment from the person to participate constructively in all compliance monitoring activities for this undertaking
2.10.1 It is acknowledged that responsibility for demonstrating compliance with this undertaking rests with the person.
2.10.2 Evidence to demonstrate compliance with the terms will be provided to OIR by the due date for each term.
2.10.3 The evidence provided to demonstrate compliance with this undertaking will be retained by the person until advised by the regulator, that this undertaking has been completely discharged.
2.10.4 It is acknowledged that any failure to meet the due date for an enforceable term will result in the matter being escalated and may lead to enforcement action.
2.10.5 It is acknowledged that OIR may undertake other compliance monitoring activities to verify the evidence and compliance with an enforceable term, and cooperation will be provided to OIR.
2.10.6 It is acknowledged that OIR may initiate additional compliance monitoring activities, such as inspections, as considered necessary at OIR's expense.
2.10.7 It is acknowledged that details of all seminars, workshops and training conducted by a non-registered training provider must be notified to OIR, by email, at least one-week prior. Notification should include time, date, location and the trainer/facilitation.
RGD Group Pty Ltd Version: 9 Date: 18" October 2017 Page 8 of 18
2.11 A commitment by the person to perform activities that will ensure the ongoing effective management of risks to health and safety in the future conduct of its business or undertaking
RGD Constructions Pty Ltd is committed to performing the activities, as detailed within this Enforceable Undertaking, including the points detailed in section 1.10, that will ensure the ongoing effective management of risks to health and safety in the future conduct of our business, and is committed to ensuring improvement and commitment to future safety strategies throughout the Business.
This can be demonstrated by the engagement of a Group Health and Safety Manager, as referred to in term 3.3.1, prior to the acceptance of this Enforceable Undertaking. This early engagement has already had a positive impact on improving the safety environment and processes within the Business, and will continue to underscore our commitment to safety.
SECTION 3: ENFORCEABLE TERMS
The person acknowledges all activities set forth in the enforceable terms below must be auditable and include a date for completion and an estimated cost for each activity.
The person commits to performing the activities below diligently, competently and by the respective completion date.
3.1 A commitment by the person to disseminate information about this undertaking to workers, and other relevant parties
Dissemination will be achieved by doing the following:
RGD Constructions Pty Ltd agrees to make a copy of the Enforceable Undertaking readily available for all Staff and Employees to review, via a Communication Meeting that will be delivered by RGD Constructions Pty Ltd Senior Management, copies of the document will also be distributed to all Staff and Employees.
During this process RGD Constructions utilised a collaborative approach be seeking advice from Health & Safety Representatives, Site Staff and Employees on our Constructions Sites in arriving at the best possible means for this to occur.
Further to this RGD Constructions Pty Ltd will also inform Employees and Staff via email and short-term notices on our Construction Site notice boards about the Enforceable Undertakings and the terms of the Enforceable Undertaking which will provide a material benefit to Employees and the Industry.
The progress of the Enforceable Undertaking will be discussed during quarterly RGD Constructions Pty Ltd Senior Management meetings, with minutes and attendance registers submitted as evidence of compliance.
Dissemination will occur within 2 months from the date of entering into the Enforceable Undertaking.
RGD Group Pty Ltd Version: 9 Date: 18'" October 2017 Page 9 of 18
3.2 Activities to be undertaken to promote the objects of the Work Health and Safety Act 2011 that will deliver benefits for workers/others
3.2.1
Engagement of a Group Health & Safety Manager
RGD Constructions Pty Ltd, determined that to ensure continued improvement, and to ensure lessons are learnt from this incident1 a more senior, experienced Group Health and Safety Manager will be engaged.
The appointment of the Group Health & Safety Manager will greatly improve work health and safety on all our current and future projects, and will assist the Company in having greater compliance, engagement, subcontractor management, training and coaching, with regards to work health and safety within the workplace.
The Group Health and Safety Manager will be tasked with (note: this list is not exhaustive): -
conducting a holistic review of the current RGD Constructions Pty Ltd HSMS ensuring it is effective, and manages all aspects of work health and safety, to which RGD Constructions Pty Ltd has a duty of care ensuring all current and future projects, are fully implementing the RGD Constructions Pty Ltd HSMS through a robust, and effective inspection and auditing process
conducting a training needs analysis, for all RGD Constructions Pty Ltd employees, from Senior Management to site personnel, to improvement general knowledge, as well as WHS leadership skills
the implementation of KPls, and objectives and targets, for WHS critical roles, to ensure the ongoing development of a positive WHS culture within the business
The Group Health and Safety Manager, will form a key part of the RGD Constructions Pty Ltd leadership team, and have a direct line of communication to the General Manager and Director, to ensure his role is effective.
Due to the perceived urgency of this appointment RGD Constructions Pty Ltd has moved forward and appointed this position prior to the acceptance of this Enforceable Undertaking. The Group Health and Safety Manager, has previously been employed by Tier 2 construction companies, who are Third Party, State and Federally (WHS) accredited, and has lengthy experience in the development and implementation of effective, simple to use, HSMS.
The cost of employing a more senior, experienced and knowledgeable Group Health and Safety Manager is $130,000.00 I year. This figure is $50, 000.00 per year above the previous Safety Managers salary.
RGD Group Pty Ltd Version: 9 Date: 1gth October 2017
$150,000.00
The appointment of a Group Health & Safety Manager has · been completed.
The ongoing employment of a
Group Health & Safety Manager, will be evidenced by a letter of employment and pay slips, initially within 1 month of the acceptance of the Enforceable Undertaking, and then annually, for the life of the Enforceable Undertaking.
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3.2.2
Training
RGD Constructions Pty Ltd will embark upon a detailed and comprehensive training program for all employees, including Directors, and key subcontractors on our current and future sites.
It is imperative that RGD Constructions Pty Ltd work closely with their subcontractors and employees, to improve and promote a positive safety culture, awareness and an understanding of the importance of Health and Safety training, as part of the ongoing management, of RGD Constructions Pty Ltd construction worksites.
The training will be undertaken on the following items: -
RGD Constructions Pty Ltd
• Certificate IV in WHS training by Site Skills Training, for the RGD Constructions Pty Ltd Director, General Manager, Project Managers, Site Managers, QSE Administrator and Site Foremen (15 in total)
o this training is as per the provided
proposal from Site Skills Training at a cost of $2, 000.00 per candidate
• Mates in Construction General Awareness Training (GAT)
o this training is a free service from Mates in Construction, and has been held for Directors, General Manager and Project Managers, and took 2 hours. RGD Constructions Pty Ltd, is committed to rolling this training out across its constructions projects
Subcontractor
• Mates in Construction General Awareness Training (GAT)
o see above
RGD Constructions Pty Ltd will work with Site Skills Training to tailor the Health and Safety programs to align with achieving maximum penetration and education for both subcontractors and RGD Constructions Pty Ltd employees.
The cost for this training will be $30,000.00; the value of lost time has not been included in this figure, but the costs of publishing material, paying for fees for trainers have been included.
Training for Workers
RGD Constructions Pty Ltd will commit to enrolling employees in the following safety-orientated courses;
3.2.3 they will be undertaken to provide future skillsets and experience for workers within the business.
• RllWHS204D Work Safely at Heights
RGD Group Pty Ltd Version: 9
o number of workers - 5
Date: 18'' October 2017
$30,000.00
$5,185.00
The training will be completed as per the provided proposal from Site Skills Training, with an expected duration for completion of face to face training, and course work, of up to 12 months.
Evidence to be provided, will include confirmation of enrolment, paid invoices, and certificates of successful completion.
Progressively rolled out over the 3-year duration after entering into the Enforceable Undertaking.
Records and evidence of expenditure will be kept and issued yearly.
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o duration -1 day
o cost = $259.00
• RllWHS205D Control Traffic with a Stop Slow Bat
o number of workers - 5
o duration -1 day
o cost= $509.00
• RllWHS202D Enter and Work in Confined Spaces
o number of workers - 5
o duration -1 day
o cost= $269.00
NOTE: alternative training may be undertaken, based on hazards identified on site, and the completion of a further training needs analysis exercise, but the total cost will not change
OHSMS Third Party Auditing
RGD Constructions Pty Ltd has committed to increase the frequency of independent audit of our OHSMS over the next three (3) years to be undertaken at 6 monthly intervals rather that twelve (12) monthly intervals.
Auditing will be carried out in accordance with AS/ANZ 4801:2001 and in compliance with items 3.8 to 3.11 of this Enforceable Undertaking.
3.2.4 The audits will be related to ensuring ongoing compliance with our OHSMS and will be undertaken by a third-party consultant. Each third party independent audit of our OHSMS will cost $ 3,500.00; therefore, an additional three (3) audits will be undertaken over a three (3) year duration.
RGD Constructions Pty Ltd will implement the initiative within six (6) months of the date of acceptance, total cost over three years of $21,000.00
Total estimated cost of benefits for workers/others
RGD Group Pty Ltd Version: 9 Date: 18'" October 2017
$21.000.00
$206,185.00
The first audit occurring within 6 months of entering the Enforceable Undertaking, then one every 6 months for the duration of the Enforceable Undertaking.
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3.3 Activities to be undertaken to promote the objects of the Work Health and Safety Act 2011 that will deliver benefits for industry
Queensland Master Builders Association (QMBA) initiatives
Following the conclusion of the case study, outlined in 3.3.2, RGD Constructions Pty Ltd is committed to spending a total of $5,000 on a safety initiative, developed in consultation with the QMBA, with a specific focus on the risks of excavations. The findings from the case study1 and safety initiative, will be disseminated to the wider industry. Examples of dissemination, may include, but are not limited to:~
3.3.1 • Magazine articles
• A guide with supporting documents
• Stickers
• US B's with supporting content
• Tool box talk packs/ presentation tools
RGD Constructions Pty Ltd have contacted QMBA, who have agreed to assist in developing this initiative and agree that the project will be beneficial for the industry. The Safety Initiatives from QMBA will be implemented with twelve (12) months of entering an Enforceable Undertaking. The cost for this will be $5,000.00
Case Study
RGD Constructions Pty Ltd will offer a student scholarship to a student within the Masters of Occupational Health and Safety Science from the University of Queensland, to conduct a case study of the subject incident, including an examination of the issues surrounding the lines of responsibility in contractor/sub-contractor relationships and
3.3.2 management, as per the letter from Dr. Margret Cook, of the University of Queensland.
It is intended that the case study would identify learnings, and would be shared with industry, through the Queensland Master Builders Association initiative, details in term 3.3.1.
RGD Constructions Pty Ltd, accepts and agrees that the Office of Industrial Relations will need to review the case study prior to its dissemination to industry.
Total estimated cost of benefits for industry
RGD Group Pty Ltd Version: 9 Date: 18'" October 2017
$5,000.00
$25,000.00
$30,000.00
Within 12 months of entering into the Enforceable Undertaking.
Engagement of the student, within 9 months of the Enforceable Undertaking being accepted, with the draft case study being submitted to the OIR for review within 12 months of acceptance.
A formal letter, from the University of Queensland, confirming the engagement of the student, at a cost of $25, 000.00, will be provided as evidence, along with the draft case study, upon completion.
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3.4 Activities to be undertaken to promote the objects of the Work Health and Safety Act 2011 that will deliver benefits for community
3.4.1
Charity donation RGD Constructions Pty Ltd will donate $3,000.00 to Mates in Construction. The donation is given to allow Mates in Construction to continue with their free industry training sessions relating to suicide awareness. As part of this commitment, Mates in Construction will be undertaking a series of site based and office based information talks and presentations on all RGD Constructions Pty Ltd sites. It will involve all Subcontractors and RGD Constructions Pty Ltd staff. RGD Constructions Pty Ltd donation will assist in payment for brochures, flyers and literature, as well as site based presentations and future research costs to assist the Industry.
RGD Constructions Pty Ltd will also be incorporating the Mates in Construction programs and initiatives into the Company wide safety strategy.
Mates in Construction has issued a "Pre-Agreement", confirming how the funds will be used to assist individuals within the Construction Industry. Upon the implementation of this Enforceable Undertaking RGD Constructions Pty Ltd will implement the initiative within twelve (12) months of the date of acceptance cost of $3,000.00
Total estimated cost of benefits for the community
RGD Group Pty Ltd Version: 9 Date: 18'" October 2017
$3,000.00
$3,000.00
Within 12 months of the Enforceable Undertaking being accepted. This will be evidence by a letter of acceptance from Mates in Construction.
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3.5 Agreement to pay the OIR's recoverable costs
RGD Constructions Pty Ltd agrees to pay OIR's costs associated with this undertaking, as itemized below, and it is acknowledged that payment is due 30 days after receipt of the OIRinvoice:
• administrative costs $ 3,814.00
• legal costs $1,100.00
• compliance monitoring costs $ 3,410.00
• publication costs $ 2,000,00
Total recoverable costs $ 10,324.00
3.6 A commitment regarding linking the promotion of benefits by the person tothis undertaking
RGD Constructions Pty Ltd give a formal undertaking that they will comply with this Enforceable Undertaking once formalised. This will be promoted by regular meetings to communicate with sites and staff in conjunction with OIR and to collaborate with all internal and external parties to promote the benefits of the Enforceable Undertaking.
3.7 A commitment to maintain an OHSMS
3.7.1 RGD Constructions Pty Ltd acknowledges there is a formal documented OHSMS acceptable to the regulator that satisfies the principles of AS/NZS 4804:2001 Occupational health and safetymanagement systems-General guidelines on principles, systems and supporting techniques, currently in place.
3.7.2 RGD Constructions Pty Ltd commits to ensuring that the OHSMS remains compliant with the principles of AS/NZS 4804:2001 Occupational health and safety management systems-Genera/guidelines an principles, systems and supporting techniques.
3.8 A commitment to ensure the OHSMS is audited by third party auditors
3.8.1 RGD Constructions Pty Ltd acknowledges that the auditors selected to perform OHSMS audits must meet the qualification requirements as set by the regulator.
3.8.2 RGD Constructions Pty Ltd commits to ensuring the OHSMS will be audited by certified third partyauditors.
3.8.3 RGD Constructions Pty Ltd acknowledges that details of the auditors' qualifications will be provided with audit reports submitted to OIR.
3.8.4 RGD Constructions Pty Ltd acknowledges that costs associated with these audits will be met byRGD Constructions Pty Ltd as part of the undertaking.
3.8.5 RGD Constructions Pty Ltd commits to ensuring the OHS MS will be audited against criteria that meets the principles of AS/NZS 4801:2001 Occupational Health and Safety Management Systems - Specification with guidance far use, to verify the OHSMS meets the principles of AS/NZS 4804:2001 Occupational health and safety management systems-General guidelines an principles, systems and supporting techniques.
3.8.6 RGD Constructions Pty Ltd acknowledges that the current OHSMS in place, as detailed in
RGD Group Pty Ltd Version: 9 Date: 18'" October 2017 Page 15of18
term 3.8.1 is acceptable to the regulator and commits to ensuring that an initial third party audit will be undertaken within six months of this undertaking being accepted.
3.8. 7 RGD Constructions Ply Ltd commits to ensuring that third party audits will be undertaken every six months, forthe duration of the Enforceable Undertaking. This will commence within six months of this Enforceable Undertaking being accepted.
3.9 A commitment to provide a copy of each finalized OHSMS audit report to OIR
3.9.1 It is acknowledged that audit reports received from the auditor will be sent to OIR within 30 days of the audit along with written confirmation that the report has not been altered from the copy provided to the person by the auditor.
3.9.2 It is acknowledged that within 30 days of receipt of the auditor's written report, OIR will be advised of the intended actions for addressing each of the report's recommendations.
3.10 A commitment to implement the recommendations from third party audits
RGD Constructions Pty Ltd commits to ensuring the recommendations resulting from the OHSMS audits will be fully implemented within six months of receiving the audit report, unless OIR grants an exemption due to the actions being unreasonable.
3.11 Minimum spend
3.11.1 RGD Constructions Pty Ltd commits to a minimum spend of $249, 509.00 for this undertaking.
3.11.2 RGD Constructions Pty Ltd agrees to spend any residual amount arising from an original term not being completed or being less costly than estimated in this undertaking. Agreement on how to spend this residual will be sought from the regulator.
3.11.3 RGD Constructions Pty Ltd acknowledges the minimum spend comprises of the: -
• Total value of benefits to workers/others
• Total value of benefits to industry
• Total value of benefits to community
• OIR's recoverable costs
Estimated total value of the undertaking
RGD Group Ply Ltd Version: 9 Date: 18'" October 2017
$206,185.00
$30,000.00
$3,000.00
$10,324.00
$249,509.00
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RGD Constructions Pty Ltd
THE COMMON SEAL of
{Insert Company name]
was affixed in accordance with the
Corporations Act 2001 in the presence of
Ron Grabbe, Director of RGD Constructions Pty
on the 18th day of October 2017
before me:
(Affix common seal)
····-····-·-·-·····lfo~"'t_···-····--~·-·-·················-·-·--·-·--·
Signature of director
Signature of director I secretary
Helmut Haubenwallner (RGD Group Pty Ltd General Manager)
RGD Group Pty Ltd Version: 9 Date: 181h October 2017 Page 17of18
This undertaking is accepted by the regulator on the I 5' day of J l'fAJ c.J#'f,-! Y 2 CJ f g"
(name of regulator)
Appointed by the Governor in Council as regulator under Schedule 2, Part 1 of the Work Health and Safety Act 2011, Schedule 2 of the Electrical Safety Act 2002 and section 32 of the Safety in Recreational Water Activities Act 2011
RGD Group Pty Ltd Version: 9 Date: 18th October 2017 Page 18of18
Work Health and Safety Act 2011
Part 11 Enforceable Undertakings
REASONS FOR DECISION
Event No. 210592
Entity RGD Constructions Pty Ltd (RGD)
ABN/ACN 43 100 177 928
Entity Address Unit 3/10 Lake Kawana Boulevard, Bokarina Qld
Location of Incident 13 Railway Terrace, Milton QLD 4064.
Date of Incident 6 March 2015
1 History of the Application
1.1 The undertaking relates to a workplace incident that occurred on 6 March 2015 at a worksite located in Milton.
1.2 A 50 tonne rock breaker and 14 tonne excavator being operated by two workers subcontracted to RGD, were working approximately five metres away from an excavation face on the eastern side of the site. As the excavator moved into clear the excavated materials the wall on the southern end of the eastern wall collapsed causing soil, rock and shotcrete to slide down the wall and pull sheet metal fencing from the adjacent property down the bank. The collapse also compromised the stability of parked cars which were left overhanging from the adjacent property.
1.3 Following an investigation by Workplace Health and Safety Queensland (WHSQ) inspectors, prosecution action was commenced on 9 June 2016 (by complaint and summons) against RGD who had a health and safety duty under section 20(2) of the Work Health and Safety Act 2011(WHS Act) for failing to comply, so far as reasonably practicable, with the duty contrary to section 33 of the said WHS Act.
1.4 On 1 July 2016, RGD notified the Enforceable Undertakings (EU) Unit of their intention to give a WHS undertaking (undertaking) for this matter.
1.5 On 5 June 2017, a final draft of the undertaking (initial) was received from RGD.
1.6 On 18 August 2017, an Evaluation Panel (the panel) consisting of a senior public servant and two external, independent persons evaluated the final draft undertaking and were not willing to recommend acceptance at that stage and requested that feedback provided be considered prior to re-evaluation .
1. 7 On 31 August 2017, the EU Unit provided RGD with evaluation feedback from the panel with the panel's suggested amendments noted.
1.8 On 08 November 2017, the EU Unit received a final signed version of the undertaking dated 18 October 2017 which was forwarded to the Panel for re-evaluation .
1.9 On 8 December 2017 the Panel provided their recommendation for the undertaking to be considered for acceptance by the regulator.
2 Legislation and Policy
2.1. It is alleged that RGD failed to comply with section 33 of the WHS Act.
2.2. An undertaking was given in accordance with section 216 of the WHS Act that provides, the regulator may accept a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of the WHS Act.
2.3. The Deputy Director General (DOG), OIR has been appointed as the regulator by the Governor in Council under Schedule 2, Part 1 of the WHS Act. Pursuant to section 23(2) of the Acts Interpretation Act 1954 a function or power conferred upon the holder of a specified office may be exercised by a person acting in the relevant office.
2.4. OIR provided the relevant publications outlining information regarding the EU Program and the regulator's expectations for giving an undertaking.
2.5. The Guidelines for the acceptance of an enforceable undertaking dated January 2016 is a publication provided to assist duty holders in preparing an undertaking for consideration pursuant to section 230(3) of the WHS Act.
2.6. In determining whether to accept the undertaking as an EU, the regulator has considered the provisions of section 217 of the WHS Act that provides the regulator must give the person seeking to give an undertaking written notice of the regulator's decision to accept or reject the undertaking and of the reasons for the decision.
3 Material and evidence considered by the regulator
3.1. In making a decision regarding this matter, the regulator has given consideration to the following documents.
3.2. Work Health and Safety Act 2011
3.3. Guidelines for the acceptance of an enforceable undertaking - dated January 2016
3.4. EU material published on the WHSQ website - https:llwww.worksafe.qld.gov.au/laws-andcompliance/enforceable-undertakings
3.5. Complaint - General Purposes - Made, and Summons dated 9 June 2016
3.6. OIR Investigation Report Event E210592 -dated 28 August 2015
3. 7. Statement by the 01 R's Director, Legal and Prosecution Services - E210592 dated 9 August 2016
3.8. Regional Director's Statement of compliance history dated 2 August 2016
3.9. CISR Compliance history dated 8 June 2016
3.10. Workers Compensation Report dated 3 September 2016
3.11 . Master Builders Association agreement letter dated 26 April 2017
3.12. Mates in Construction agreement letter dated 26 April 2017
3.13. University of Queensland letter of support dated 18 May 2017
3.14. Financial Capacity Statement provided by RGD dated 23 May 2017
3.15. Finalised EU for RGD Construction Pty Ltd accepted on 19 July 2010
3.16. EU Unit Chronology - RGD Constructions Pty Ltd dated 7 December 2017
3.17. Evaluation Panel Assessment - Initial Evaluation dated 18 August 2017
3.18. Evaluation Panel Feedback dated 31 October 2017
3.19. Email - EU Unit to Panel - Return Evaluation - dated 10 November 2017
3.20. RGD Constructions Pty Ltd submission dated 18 October 2017
3.21. Return Evaluation Panel Assessment
3.22. Signed final version of RGD's WHS undertaking received on 20 November 2017
4 Findings on material questions of fact
4.1 I regard the Guidelines for the acceptance of an enforceable undertaking dated January 2016, publication as containing considerations which are relevant and appropriate to my decision.
4.2 I find the undertaking given by RGD satisfies the formal requirements of the WHS Act and the policy requirements discussed above with respect to the operation of Part 11 of the WHS Act as they have been published.
4.3 I find the factual background to the alleged contravention is set out in section 1 of RGD's proposed undertaking.
4.4 I find that the procedural history relating to the proposed undertaking is set out in section 1 above.
4.5 I accept the objective gravity of the matter has been assessed as a 'Medium/High' level , which takes into consideration the nature and circumstance of the incident, the culpability of the person, the presence of any aggravating or mitigating factors relevant to the alleged offence and any prior prosecution action by the State against the person .
4.6 I find the quantum of the undertaking as a proportionate amount relevant to the objective gravity, considering the Financial Capacity Statement provided by RGD and the estimated total value of the undertaking.
4.7 I find the significance of the commitment in the undertaking is comparable to the capability of the person , taking into account the Financial Capacity Statement provided by RGD and the estimated total value of the undertaking.
4.8 RGD acknowledge the alleged contravention and regret the occurrence and the consequences.
4.9 I find that RGD, who had a health and safety duty under section 20(2) of the WHS Act failed to comply, so far as reasonably practicable, with that duty contrary to section 33 of the Act.
4.10 I acknowledge the assurance given by RGD that the behaviour that led to the alleged contravention has ceased and the commitment to ensuring the ongoing effective management of risks to health and safety in the future.
4.11 I find the undertaking commits the person to a standard that is higher than the recognised compliance for the activity and/or to activities over and beyond recognised compliance levels.
4.12 I find the undertaking would constitute tangible benefits for the workers/workplace as RGD are committing to:
• Engaging a senior, more experienced Group Health and Safety Manager (GHSM), who will play a key role in the RGD leadership team. The GHSM will be tasked with conducting a holistic review of RGD's OHSMS to ensure its effectiveness and that it manages all aspects of RGD's WHS requirements and to confirm that all current and future projects are fully implementing RGD's OHSMS via robust and effective inspections and auditing processes.
• Engaging an RTO to deliver training in Certificate IV Work Health and Safety for RGD's Director, General Manager, Project Managers, Site Managers, QSE Administrator and site foremen. RGD's Director, General Manager and Project Manager and subcontractors have also undertaken 'Mates in Construction General Awareness Training' . RGD commits to this training being rolled out across all its construction projects.
• Training for workers - RGD commits to enrolling staff into the following courses:
o Work Safely at Heights (five workers)
o Control Traffic with a Stop I Go bat (five workers),
o Enter and Work in Confined Spaces (five workers).
• Engaging a third party auditor to conduct six OHSMS audits againstAS/NZS4801 :2001 at six monthly intervals over the term of the EU to ensure ongoing compliance with RGD's OHSMS.
4.13 I find the undertaking would constitute tangible benefits for industry by: • Development of a safety initiative in conjunction with the QMBA with a specific focus on
the risks of excavation .
• Offering a scholarship to a student within the Masters of Occupational Health and Safety Science from UQ to conduct a case study of the incident, including an examination of the issues surrounding line of responsibility in contractor/sub-contractor relationships and management. The identified learnings are to be shared with industry through the QMBA.
4.14 find the undertaking would constitute tangible benefits for the community through a commitment of funds by RGD to 'Mates in Construction' to assist them in continuing their free industry training sessions relating to suicide awareness including presentations to RGD staff and sub-contractors at all RGD sites.
4.15 I acknowledge that all Panel members have recommended acceptance of the undertaking as the preferred enforcement outcome in the circumstances of this case.
5 Decision
5.1 Because the proposed undertaking meets the formal requirements of the WHS Act and policy requirements, my discretion whether to accept the undertaking under section 216 of the WHS Act is enlivened.
5.2 Based on the evidence, findings and having regard to the objects of the WHS Act, I have carefully considered this matter and am of the opinion that the undertaking given by RGD is an appropriate enforcement option in regards to this case.
5.3 I have concluded that an EU is the preferred enforcement option to continuing the prosecution due to the opportunity to provide lasting organisational change within RGD and the implementation of monitored and targeted health and safety improvements, which would not be achieved by prosecution.
5.4 Under section 216 of the WHS Act, it is my decision to accept this undertaking as an EU and the effect of this decision is that the prosecution proceedings shall be discontinued.
ough A/Depu irector-General Office of Industrial Relations
IS" 10; 1201s
