15 August 2024

We have accepted an enforceable undertaking from Steel & Tube Holdings Limited (Steel & Tube).

Incident

On 3 May 2022, a worker was inside the guarded perimeter fence of a mesh welding machine assisting with fault finding and minor repairs when the machine restarted, trapping him between the conveyor bars and causing serious impact injuries.

Alleged contravention

Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, while the workers were at work in the business or undertaking, namely working on the wire mesh welding machine GE1, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury.

Summary highlights of the enforceable undertaking

• Financial amends to the victim.
• Trialing AI technology alongside CCTV cameras to identify situations or events that could indicate risks to workers' health and safety, using the findings to drive continuous improvements.
• Delivering targeted workshops to enhance safety for labour hire workers in the manufacturing sector.
• Undertaking an innovation project to improve industry-wide understanding of health and safety culture requirements for vulnerable workers.
• Creating a training program for operational managers to deepen their comprehension of health and safety risks related to nightshift operations.

Reasons for accepting the undertaking

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (September 2019), considering:

• The activities in the enforceable undertaking and how they promote progressively higher standards of work health and safety.
• The nature of the alleged contravention and how serious it was.
• Information received from any interested party in relation to the contravention.
• Mitigation and remedial action, already taken or planned, regarding both the contravention and any person affected by the contravention (including victims).
• The business's past performance and compliance history with health and safety legislation.
• Any likely outcome if the matter were dealt with by legal proceedings.
  • A charge was filed in relation to this incident on the basis that there was both evidential sufficiency and a public interest in initiating prosecution.
  • The undertaking accounts for the benefits that accrue to Steel & Tube by a prosecution not proceeding.
• Any other matter which WorkSafe thinks is relevant.
  • The undertaking delivers benefits beyond compliance.
  • The undertaking supports WorkSafe’s strategic objectives.
  • The undertaking contains acceptable terms.

Date accepted

11 June 2024

Further information

View the Steel & Tube Holdings Limited enforceable undertaking: