enforceable undertaking - safework nsw...it is alleged by safework nsw that on 10 january 2017,...

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ENFORCEABLE UNDERTAKING

Part 11

Work Health and Safety Act 2011

The commitments in this enforceable undertaking

are offered to SafeWork NSW

by

Dhollandia Australia Pty Ltd

ACN 159 131 558

Privacy statement

SafeWork NSW respects your privacy and is committed to protecting personal information. The information provided on this document is for the purpose of making an undertaking to SafeWork NSW given for the purposes of part 11 of the WHS Act. This information will be managed within the requirements of the current state government privacy regime.

SafeWork NSW may publish the undertaking and the information contained in it for purposes identified in the undertaking or for other appropriate legal purposes in various publications such as newspapers and on its website. SafeWork NSW may be required to disclose personal information to other regulatory agencies in accordance with other law enforcement activities which may be conducted as part of an investigation. Further information on our privacy policy is available at www.SafeWork.nsw.gov.au

http://www.safework.nsw.gov.au/

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Enforceable Undertaking

Purpose

The purpose of this enforceable undertaking is to document the undertakings offered to SafeWork NSW pursuant to Part 11 of the Work Health and Safety Act 2011 (WHS Act) in connection with matters relating to alleged contraventions of the WHS Act or the Work Health and Safety Regulations 2011 (the Regulations).

Section 1 – General information

a. Details of the person proposing the undertaking

Registered Address: 8 Westlink Place Richlands Queensland 4077

Postal address: 8 Westlink Place Richlands Queensland 4077

Telephone contact:

Email address: @dhollandia.com.au

Legal structure: Australian Proprietary Company Limited by Shares

Type of business: Manufacturing

Commencement date 22 June 2012 of the entity:

Number of workers: Full-time:10

Products and/or services: Manufacturer, producer and installer of tail lift hydraulics and platforms

Comments:

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b. Details of the alleged contravention

It is alleged by SafeWork NSW that on 10 January 2017, Dhollandia Australia Pty Ltd (Dhollandia) failed to discharge its obligations as a person conducting a business or undertaking under sections 19(1), 32 and 43(2) of the Work Health and Safety Act 2011 (NSW) (WHS Act) in that it did not ensure so far as reasonably practicable the health and safety of workers and for directing or allowing workers to carry out work without holding the prescribed high risk work licence.

c. Details of the events surrounding the alleged contravention

On 10 January 2017, two of Dhollandia’s employees, were tasked with installing a tail lift platform to a vehicle. During the process of installation, an unsecured tail lift platform fell towards one of the workers, pushing him to the ground, causing a serious back injury. At the time of the incident, three workers were also undertaking work on forklift trucks and did not hold the appropriate high risk work licences to operate a forklift truck.

d. An acknowledgement that SafeWork NSW alleged a contravention has occurred It is acknowledged that SafeWork NSW has alleged that Dhollandia contravened sections 19(1) and 32 of the WHS Act and section 43 of the WHS Act.

e. The details of any injury that arose from the alleged contravention

The injured worker sustained serious back injuries as a result of the incident.

f. The details of any enforcement notices issued that relate to the alleged contravention Were enforcement notices received?

No ☐

or

Yes ☒ Please provide details in the table below.

Date issued Notice type Notice number

Contravention Action taken in response to notice

18.01.2017 Prohibition 33904 Section 19 WHS Act Clause 206 WHS Regulation

Dhollandia reviewed and implemented a revised system of work for the installation, maintenance, repair and servicing of tail lift platforms.

19.01.2017 Improvement 7-3011532 Section 19 WHS Act Clause 150 WHS Regulation

Dhollandia engaged to undertake the

‘test and tagging’ of all electrical equipment. This has also been scheduled into Dhollandia’s online safety system.


Dhollandia engaged a forklift expert to review the forklift truck involved in the alleged

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contravention and to install a new compliance plate. A tool box talk was conducted on the changes made. A sign was also attached to the forklift truck to instruct workers not to use a work box with that particular forklift.


A safety harness and lanyard system was supplied for the use of the work cage. A toolbox talk was conducted to discuss the changes.


A load rating/ compliance plate was fitted to the work cage.

g. A statement of assurance about future work health and safety behaviour

Dhollandia is committed to complying with its obligations under the WHS Act and ensuring, so far as reasonably practicable the health and safety of all workers and those who may be affected by its business or undertakings.

When an alleged contravention is associated with an injury/illness

h. The details of the type of workers compensation provided (if the injured person(s) is a worker

of the person)

A workers compensation claim was lodged by the injured worker and accepted by Dhollandia’s workers compensation insurer.

i. The details of the support provided, and proposed to be provided, to the injured person(s) to overcome the injury/illness Does the alleged contravention involve injury to a person?

No ☐

or

Yes ☒ The worker was employed by Dhollandia at the time of the incident.

The following support has been provided to the worker and/or their family:

Date Description of support

10 January 2017 (ongoing for approximately 6 months)

Following the incident, Dhollandia communicated with the injured worker to offer support and keep updated on the injured worker’s progress.

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10 January 2017 (ongoing until approximately September 2018)

Dhollandia assisted the injured worker with the worker’s compensation process.

j. The details of any existing work health and safety management system (WHSMS) at the

workplace including the level of auditing currently undertaken Dhollandia has an existing WHSMS, but this has not been assessed against the principles of AS/NZS 4801:2001. The WHSMS includes:

WHS policies

WHS procedures

Risk management procedures such as regular assessments

Safe work method statements

Fitting Instructions and user manuals

Employee handbooks

Site inductions and organising training and toolbox talks

Regular consultation with workers and contractors Dhollandia engages an independent consultant to review, develop and provide training on the WHSMS.

k. The details of any consultation undertaken within the workplace regarding the proposal of an enforceable undertaking

Dhollandia’s senior management have discussed the proposal to enter into an enforceable undertaking through regular meetings. These individuals understand that if accepted, the enforceable undertaking represents a binding agreement between Dhollandia and SafeWork NSW. Dhollandia’s workers and WHS representatives have also been consulted about the proposal of an enforceable undertaking. In this respect, the enforceable undertaking is raised at team meetings and toolbox talks (where appropriate).

If the enforceable undertaking is accepted, further consultation with the employees will occur as projects and strategies are implemented.

l. A statement of regret that the incident occurred (i.e. not an admission of guilt) Dhollandia regrets that the incident on 10 January 2017 occurred and the injured worker sustained injuries as a result of the incident.

m. Any rectifications made as a result of the alleged contravention

Description $ Amount

Mobile scaffolds have been installed at Dhollandia’s NSW site, located at 7 Squill Place, Arndell Park NSW 2148 (NSW Site) to improve the safety in installing door seals on the rear of trucks.

$1,000

Slings have been purchased to hold up tail lift platforms with the forklift truck $830

Dhollandia personnel have undergone forklift truck training $6,360

Engagement of forklift professional to review the forklift truck in response to Improvement Notice number 7-301596

$345

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Engaged WHS Consultants to assist in reviewing WHS managements systems including:

Review and audit safe work procedures

Prepare, review and audit safe work method statements

Review induction and policy system

Conduct safety audits

$8,606.40

TOTAL AMOUNT SPENT ON RECTIFICATIONS $17,141.40

n. A commitment that the behaviour that led to the alleged contravention has ceased and will not reoccur Dhollandia commits that the behaviour that lead to the alleged contravention has ceased and that it will take all reasonably practicable steps to prevent recurrence of this type of incident.

o. A commitment to the ongoing effective management of work health and safety risks Dhollandia commits that it will exercise its best endeavours to the ongoing effective management of work health and safety risks.

p. A statement of ability to comply with the terms of the enforceable undertaking

Dhollandia acknowledges that it has the financial ability to comply with the terms of this enforceable undertaking and has provided evidence with this undertaking to support this declaration.

q. The person is required to provide information regarding any prior work health and safety

convictions SafeWork NSW requests a list outlining details of any prior work health and safety convictions or findings of guilt under work health and safety legislation2 or work health and safety related legislation. Dhollandia has had no prior work health and safety convictions.

2. Subject to any local legal constraints such as spent conviction legislation.

r. Statement regarding relationships with beneficiaries

☒ Dhollandia acknowledges there are no known current relationships with any of the beneficiaries

outlined in the enforceable undertaking, other than the current employees of Dhollandia and the injured worker.

s. Intellectual property licence

Dhollandia grants SafeWork NSW a permanent, irrevocable, royalty-free, worldwide, non-exclusive license to use, reproduce, distribute, electronically transmit, electronically distribute, adapt, and modify any materials developed as a result of this enforceable undertaking.

t. A commitment to participate constructively in all compliance monitoring activities of the

undertaking Dhollandia acknowledges that the responsibility for demonstrating compliance with this undertaking rests with the person who has given this undertaking. Evidence to demonstrate compliance with the terms will be provided to SafeWork NSW by the due date for the term.

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Dhollandia acknowledges that SafeWork NSW may undertake other compliance monitoring activities to verify the evidence that is provided and compliance with the relevant term. The evidence provided to demonstrate compliance with the undertaking will be retained by the person who has given this undertaking until advised by SafeWork NSW that the undertaking has been completely discharged. Dhollandia acknowledges that SafeWork NSW may initiate additional compliance monitoring activities, such as inspections, as considered necessary at SafeWork NSW’s expense. Dhollandia acknowledges that should there be any delay in the commencement/delivery of the Enforceable Undertaking based on current community and workplace health and safety concerns and related business continuity disruption caused by COVID-19, this will be subject to mutual agreement (confirmed in writing) between Dhollandia and SafeWork NSW.

u. Acknowledgement of enforceable undertakings guidelines

Dhollandia has read and understood SafeWork NSW Enforceable Undertakings Guidelines and Enforceable Undertakings Customer Service Standard.

Section 2 – Enforceable Terms

a. An acknowledgement that the enforceable undertaking will be published and publicised Dhollandia acknowledges that the enforceable undertaking will be published on SafeWork NSW’s internet site and may be referenced in SafeWork NSW’s publications. Dhollandia will, within thirty (30) days of the date of acceptance of this enforceable undertaking, cause a public notice to be published in the Sydney Morning Herald, which will be drafted using the script provided in Annexure 1.

b. A commitment regarding linking the strategy and promotion of benefits to the enforceable

undertaking Dhollandia is committed to ensuring that any promotion of a benefit arising from this enforceable undertaking will clearly link the benefit to the undertaking and that the undertaking was entered into as a result of the alleged contravention.

c. A commitment to disseminate information about the undertaking to workers, and other relevant parties (which may include work health and safety representatives), and in the annual report (if applicable) Dhollandia agrees to disseminate information about the enforceable undertaking within the workplace, including to the members of any health and safety committee, health and safety representatives and all contractors and subcontractors working for Dhollandia. This information will be disseminated through toolbox talks to be attended by all workers and will be completed within three months from the date of acceptance of the enforceable undertaking. Dhollandia is not required to publish an annual report. Dhollandia commits that any strategies that involve safety information being provided to the industry and/or community will be subject to SafeWork NSW’s review and approval of the content prior to dissemination.

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Strategies that will deliver benefits to the workplace, industry and the community d. Strategies that will deliver workplace benefits

1. Gantry crane and workshop lifting jack

Scope: Dhollandia will install an overhead gantry crane and workshop lifting jack at the NSW Dhollandia premises, located at 7 Squill Place, Arndell Park NSW (NSW Site). The overhead gantry crane will be used instead of a forklift truck to hold up the tail lift platform during the installation process. The workshop lifting jack will be used to provide more space to workers when they are undertaking work underneath a vehicle. Dhollandia will also provide training, instruction and information to its workers on the safe use and operation of the gantry crane and lifting jack. Target issue: It is common across the industry, including in many parts of the world, to safely use forklift trucks to secure tail lift platforms during installation, provided the correct procedure is followed at all times. Alternative options include using a jib and sling or an overhead gantry crane. Dhollandia has observed that very few overhead gantry cranes are used in the tail lift platform installation industry, due to significant financial investment required. Dhollandia aims to use this strategy to eliminate, or significantly reduce, the work health and safety risks associated with falling objects and working in confined spaces in its workplace. By using an overhead gantry crane, the risk of a falling tail lift platform is significantly reduced, if not eliminated from the result of a forklift being moved away from its holding position. The overhead gantry crane stabilises the tail lift platform whilst it is being installed, and ensures it remains secured at all times throughout the installation process. Similarly, the use of a lifting jack will improve the safety of workers who are required to work under smaller vehicles that are lower to the ground. The lifting jack can be used to lift smaller vehicles and provide more space for workers to operate and move.

Tangible outputs / deliverables: The project will be delivered in the following stages:

Stage 1: Installation and testing of an overhead gantry crane and tail lift jack – Dhollandia will obtain and approve quotes for the installation and subsequent testing of the overhead gantry crane and lifting jack at the NSW Site. Following this, Dhollandia will arrange for the installation and testing of the overhead gantry crane and lifting jack.

Stage 2: Dhollandia will engage a WHS consultant, to review and update its WHS procedures to address the introduction of the gantry crane and lift jack. Stage 3: Training to be provided to all NSW workers on how to use the gantry crane and to perform crane dogging – Dhollandia will arrange for training to be provided to all its NSW workers (over the span of 6 days) on how to safely use and operate gantry cranes and to perform crane dogging. This training will be delivered by a registered training organisation (RTO) through two separate courses: 1. RIIHAN305D – Operate a gantry or overhead crane, and 2. CPCCLDG3001A – Licence to perform dogging

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Stage 4: Prepare and complete risk assessments –a WHS consultant will complete a risk assessment in consultation with Dhollandia’s workshop manager and subsequently with senior workshop staff on the use of the overhead gantry crane and lifting jack upon the completion of installation and testing. The completed risk assessment will be provided to SafeWork NSW. Dhollandia will subsequently complete a yearly review of the relevant risk assessment and will provide a copy to SafeWork NSW for the first year of review. This will include a review of any incidents and hazards raised relating to the use of the gantry crane and/or lifting jack in the workshop since they have been installed, and control measures taken in response to those hazards/incidents.

Audience / beneficiaries: The overhead gantry crane and lifting jack will benefit workers and customers of Dhollandia. This strategy can also be an example for others in the industry who install tail lift platforms or work under small vehicles in confined spaces. Delivery method: The gantry crane and lifting jack will be installed by selected providers. The testing referred to in stage 1 above will be conducted as part of the installation of the plant. Four workshop workers (including the workshop manager) will complete the following training provided by a registered training organisation:

1. RIIHAN305D – Operate a gantry or overhead crane, and 2. CPCCLDG3001A – Licence to perform dogging

The courses will assist participants in developing the following skills and knowledge:

Course Skills/Knowledge

RIIHAN305D – Operate a gantry or overhead crane

Plan operations: hazard management and consultation

Pre-operational inspections: crane and associated equipment

Set up: crane and lifting equipment

Transfer loads: shift loads with slings or lifting devices

Conclude operations: shut down and park crane following site specific procedures

CP CCLDG3001A – Licence to perform dogging

Plan operations: hazard management and consultation

Equipment: selecting and inspection of appropriate lifting equipment for operations

Prepare: site and lifting equipment for operations

Transfer loads: rigging loads and directing crane movements

Conclude operations: shut down and pack up equipment following site specific procedures

Workers’ competency at using the crane and lifting jack will also be assessed by Dhollandia’s managers before workers are allowed to operate the crane and lifting jack themselves in a work environment.

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A WHS consultant will update the WHS policies and procedures to include the use of the gantry crane and lifting jack. They will also conduct the risk assessments on the overhead gantry crane and lift jack. Timeframes: The installation will commence within 6-7 months of acceptance and the review of the risk assessment will be completed within 24 months of the acceptance of the enforceable undertaking as follows:

Description Time frame for completion

Stage 1: Installation and testing of overhead gantry crane and lift jack

6-7 months from acceptance

Stage 2: Update WHS policies 8-9 months from acceptance

Stage 3: Accredited Training delivered by RTO 10-11 months from acceptance

Stage 4: WHS consultant prepare and complete risk assessment of overhead gantry crane and lifting jack

Dhollandia complete review of risk assessment

12 months from acceptance 24 months from acceptance

Work health and safety outcome:

The main goal of this strategy is to eliminate, or if not possible, significantly reduce the hazards and risks associated with a falling tail lift platform during installation. The use of an overhead gantry crane eliminates the risk, or if not, significantly reduces the hazard and risks associated with a platform falling during installation by ensuring the platforms remain supported at all times. A forklift will no longer be used as part of the installation process to support the platform and, as such, the risk that a forklift truck may be moved during the installation process, leaving a platform unsupported, is eliminated. The use of lifting jacks will provide workers with more space to work underneath a vehicle or tail lift platform. Cost Breakdown: Add additional rows as required


Purchase, installation and testing of 1 gantry crane

Purchase, installation and testing of 1 lifting jack

Update WHS policies and procedures

Training workers on use of gantry crane and lifting jack (including lost time and travel)

Total estimated cost: $152,639 - $172,639

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2. WHS Training Scope: Dhollandia will provide the following training initiatives:

1. WHS training for supervisors and managers through a registered training organisation - this training will be provided to the workshop manager and the branch manager at the NSW Site, and

2. WHS training to all workers, supervisors and due diligence training to directors by .

Target issue: Dhollandia aims to bolster the leadership and WHS training provided to all its workers by providing specific training on their WHS duties and obligations under the relevant laws. Dhollandia also aims to bolster the training provided to its supervisors by providing specific WHS skills and knowledge through an accredited trainer. This strategy is targeted to improving the safety leadership that is being provided by Dhollandia’s supervisors and to also achieve safety improvements amongst all workers and officers. Tangible outputs / deliverables: The WHS training for the workshop manager and branch manager will be provided in a one day course and the key topics included in the training include:

Australian Standards and relevant regulations and legislation;

duty holder responsibilities;

workplace health and safety compliance requirements;

leading change and modelling work health and safety;

risk management and hazard control;

work health and management systems;

WHS consultation and participation processes;

incident response procedures; and

assisting in incident investigations.

They will receive a certificate of attendance for this training. will also attain the following units of competency towards a BSB41415 Certificate IV in Work Health and Safety:

BSBWHS402 – Assist with compliance with work health and safety laws, and

BSBWHS403 – Contribute to implementing and maintaining WHS consultation and participation processes

The WHS and due diligence training will be provided by in the course of a 4 hour presentation that will be held at the NSW Site. The training will be split into two components:

1. To all workers including supervisors and officers: a. WHS duties and obligations b. Assessing safety hazards and risks c. Incident response, d. Risk management, and e. Mock trial of a WHS prosecution

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2. To supervisors and officers only:

a. Due diligence b. Specific duties owed as officers, and c. Managing WHS obligations and duties

The training slides and attendance record will be provided to SafeWork NSW upon completion. Audience / beneficiaries: The training will benefit all workers and officers within Dhollandia to increase their knowledge and skill-level in the area of health and safety.

Delivery method: The WHS training for supervisors and managers will be provided by a registered training organisation in a one-day course. The WHS training will be provided by in a four hour presentation at the NSW Site. Timeframes:

The training programs will be completed within 12 months of acceptance of this enforceable undertaking. Work health and safety outcome: This strategy is to ensure that all Dhollandia workers at the NSW Site, whether in a position as an officer, supervisor or worker understand their role and responsibilities under the WHS Act. For the officers and supervisors, this strategy is aimed to upskill their leadership to manage safety in the workplace. The specific outcomes this strategy seeks to achieve include:

Improved understanding of the relevant legal framework and what is required to achieve compliance in day-to-day work

Development of skills in monitoring and compliance, and

Development of skills in effectively identifying and assessing risks and hazards. Cost Breakdown: Add additional rows as required


Training – WHS Training for supervisors and managers including lost time and travel time (2x person attendance)

Training – WHS and due diligence training ( ) including lost time and travel time

Total estimated cost: $15,000

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3. Process Audit- Gantry Crane and Lifting Jack to install tail lifts and hydraulics

Scope: Dhollandia will engage a WHS consultant to undertake an audit of tail lift hydraulic installations at its NSW Site. The audit will focus on the identification of any systemic WHS hazards and risks relating to the installation of tail lift platforms and hydraulics following the installation of the overhead gantry crane and lifting jack at its NSW site. The WHS consultant will prepare a report detailing the findings of the audit. The report will include photographs of any non-compliances or breaches. The report will recommend corrective actions to address any non-compliances or breaches that are identified and the timeframes in which the corrective actions should be implemented. Dhollandia will ensure, so far as is reasonably practicable, that any non-compliances or breaches identified in the audit report are rectified within the timeframe recommended by the report. The WHS consultant will conduct a follow-up visit to ensure the corrective actions have been implemented and issue a follow-up report.

Target issue: The audit will measure compliance against Dhollandia’s procedures developed specifically for the installation of tail lift platforms and use of hydraulics, including the WHS policies and procedures developed as part of this EU Proposal for the use of gantry cranes and lifting jacks, as well as the standards prescribed by the:

Work Health and Safety Act 2011 (NSW)

Work Health and Safety Regulation 2017 (NSW)

Australian Standard AS/NZS Standard 4024.1201:2014 Safety of Machinery Part 1201:

General Principles for design – Risk assessment and risk reduction

The audit is aimed at ensuring compliance with these standards and procedures/policies.

Tangible outputs / deliverables: The audit will:

identify current levels of compliance in relation to the installation of the tail lift platforms and hydraulics,

identify and detail corrective actions required to be implemented to ensure compliance in relation to the installation of the tail lift platforms and hydraulics, and

provide a recommended timeframe for the corrective actions to be implemented. Dhollandia acknowledges that audit reports received from the consultant will be sent to SafeWork NSW, within two weeks of the audit along with a letter certifying that the report has not been altered from the copy provided to the person by the consultant.

Dhollandia acknowledges that within two months of receipt of the consultant’s written report, SafeWork NSW will be advised of the intended action in addressing each of the report’s recommendations. Dhollandia commits to fully implementing the intended actions arising from the audit within 6 months from receiving the audit report unless otherwise agreed by SafeWork NSW.

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Audience / beneficiaries: All workers on Dhollandia sites who install tail lift platforms and hydraulics as well as customers who utilise tail lift platforms will benefit from this strategy through improved safety compliance and awareness. Delivery method: Dhollandia will engage a WHS consultant to undertake the audit of the NSW Site. The audit will comprise of a thorough visual inspection of each overhead gantry crane and workstation of installing tail lift platforms, as well as an examination of the relevant documents and records, including the updated WHS policies, procedures, risk assessments, installation manuals, and high risk work licences. The audit will examine and review the level of supervision provided to workers whilst they are installing tail lift platforms. Any hazards identified which may pose an immediate risk to health and safety will be raised directly with the site supervisor and rectified immediately. Dhollandia will notify SafeWork NSW once the audit has been undertaken. The results of the audit will be communicated to Dhollandia’s site management and communicated to Dhollandia staff.

Timeframes:

Action Time frame for Completion

Step 1: Engage WHS Consultant 15 months from acceptance of EU (with consideration of timing of installation of gantry cranes and lifting jacks and completion of risk assessment on use)

Step 2: Conduct audit of NSW premises 18 months from acceptance

Step 3: Audit reports received 19 months from acceptance

Step 4: Dhollandia to advise SafeWork NSW of the intended action addressing each of the report’s recommendations

21 months from acceptance

Step 5: Dhollandia will implement the intended actions arising from each audit

27 months from acceptance unless otherwise agreed by SafeWork NSW

Work health and safety outcome: The audit will improve Dhollandia’s awareness of any non-compliances surrounding its strategies it has implemented in accordance with this EU regarding the installation of tail lift platforms. This also includes identifying and addressing any non-compliances with high risk work licences on the premises as well as monitoring the level of supervision provided to workers at the NSW Site.

Cost Breakdown: Add additional rows as required


Audit (external auditor fee estimate in site inspection and preparing reports):

Lost time in implementing initiatives

Total estimated cost: $15,000 Total estimated cost of workplace benefits $182,639 - $202,639

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e. Strategies that will deliver industry benefits

4. WHS Industry Day

Scope:

Dhollandia will organise a WHS industry day to be held at Rosehill Racecourse, New South Wales. The industry day will involve presentations by WHS consultants on safety, safety demonstrations by Dhollandia staff including Dhollandia’s instructional videos on how to safely install hydraulics and tail lift platforms , a ‘lessons learnt’ component and a presentation on safety issues surrounding hydraulics. The objective is to create awareness of safety issues when using tail lift platforms on heavy vehicles and the risks involved when hydraulic failures occur. Dhollandia has begun to approach industry organisations including NSW truck dealers, body builders and transport company representatives, industry participants and other relevant stakeholders to participate and contribute to the industry forum. Dhollandia has obtained in principle support from approximately 74 delegates across 15 industries to attend and participate in the industry day.

Target issue: Dhollandia’s tail lift platforms are used to assist in loading heavy items into light-duty to heavy-duty commercial vehicles. Where tail lift platforms are used incorrectly, for example in loading heavy items, the operator and occasional bystanders are exposed to a variety of risks. These risks are described in the Dhollandia Operation Manual, however Dhollandia aims to improve understanding of the safety issues involved with using tail lift platforms, hydraulics and other similar products commonly used in the industry and how to safely use the tail lift platform. Dhollandia understands that many people in the industry who install tail lift platforms use a forklift to position the tail lift platform during installation. By providing a forum where persons in the industry can hear about the lessons learnt from the incident and the steps taken to eliminate or reduce a similar incident occurring through that particular method of installation may benefit the industry in spreading safe practice. Similarly, Dhollandia understands that many customers and people in the industry may not be informed or aware of the range of safety issues and hazards associated with using hydraulics. Dhollandia aims to address these issues by providing a WHS industry day to reach out to as many existing customers and persons in the industry as possible. The industry day is targeted to raising awareness and understanding on how to safely use and operate tail lift platforms and hydraulics while also providing a forum to discuss the lessons learnt from the Incident.

Tangible outputs / deliverables: The industry day will include informational presentations on the following topics: Session 1 – Use of tail lift platforms / gantry cranes

how tail lift platforms operate;

information on different styles and types of tail lift platforms;

loading, manual handling and operating; and

safety tips and the common hazards and risks to look for.

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Session 2 – Video demonstration

Dhollandia’s range of videos on how to safely load and use tail lift platforms and hydraulics will be displayed;

safety tips and commons hazards and risks to look for when loading/ using tail lift platforms and hydraulics.

Session 3 – Safety and hydraulics

the risks involved in using hydraulics;

case studies;

safe use of hydraulics; and

methods to minimise risks associated with hydraulics.

Session 4 – Lessons learnt including a short animated video

lessons learnt from the incident;

steps taken since the incident;

supervision and training;

use of gantry cranes; and

the requirement to hold high risk licences.

Display short-animated video of the incident and learnings.

Session 5 – WHS Regulatory Compliance

who/what is a PCBU;

WHS obligations of a PCBU and officers; and

WHS obligations of workers

Chain of responsibility

Presentation by SafeWork NSW

The effectiveness of the industry day will be measured through a feedback survey which participants will be requested to complete at the conclusion of the industry day. The survey will be emailed to all participants following the completion of the WHS Industry Day. If no response is received from participants, a follow up phone call will be made within one month of the WHS Industry Day to obtain their feedback. This feedback will be recorded in the survey template. Following the industry day, Dhollandia will supply all participants with links to the relevant videos (as displayed at the industry day) for their records and to participate in interactive training as part of the short animated video produced as part of its ‘Lessons Learnt’ session. Dhollandia will also supply the web link to the relevant video for each future customer purchase (provided with the invoice for the installation) moving forward to enable customers to view the safety demonstration on how to safely use and load the specific tail lift platform they have ordered. This will not be advertised at the WHS Industry Day, but will be an internal process moving forward as part of Dhollandia’s commitment to continuously improving health and safety. Audience / beneficiaries: The forum will be targeted at:

Dhollandia’s existing clients;

Dhollandia workers;

Loaders of commercial vehicles;

Transport industries; and

Suppliers of hydraulics and tail lift platforms.

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Delivery method: The industry day will be held in New South Wales with an aim of attracting up to 75 delegates from across the industry. The conference will run from 10:00am to 4:00pm.

The content will be developed by a Dhollandia in-house team in consultation with SafeWork NSW with support from an external event coordinator. Time will be spent in the lead up to the forum engaging with other industry participants, industry organisations and other key stakeholder groups (including SafeWork NSW) to:

secure support for the industry day,

prepare the short animated video of lessons learnt and consider the training that can be incorporated into the video for future use; and

collate best practices in relation to use of tail lift platforms and risks of hydraulic failures Invitations will be sent to potential participants through multiple avenues, including personal invitations, advertising on Dhollandia’s website and through its social media channels.

Timeframes:

The strategy will commence within 9 months of acceptance of the EU with planning, development and pre-work. A detailed project plan will be formulated and provided to SafeWork NSW for review within 15 months of acceptance. The animated video will be prepared within 18 months of acceptance of the enforceable undertaking. The industry day will be held within 21 months of acceptance of the enforceable undertaking, subject to SafeWork NSW’s comments and feedback on the project plan. Work health and safety outcome: This strategy will promote awareness within the industry of the risks associated with loading and hydraulic failures, encourage workers to engage in conversations on health and safety matters and improve their overall understanding of WHS. Delegates will specifically be given a raised awareness on the risks of unsafe loading on tail lift platforms and what can occur when a hydraulic failure occurs. Delegates will hear and see the best practice examples of safe loading through Dhollandia’s instructional videos, a visual representation of the incident through an animated video and the steps taken since and obtain general knowledge on WHS issues and responsibilities.

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Forum – venue hire (including catering)

Development of content and presentation at conference

Preparation of conference materials and presentations

Miscellaneous and administration

Event Co-Ordinator

Production of short animated video

Internal time lost – Attendance at Industry day

Total estimated cost of industry benefits: $74,500 - $82,500

f. Strategies that will deliver community benefits 5. Free servicing to six community organisations with passenger lift vehicles

Scope: Dhollandia services passenger lifts installed to/in vehicles as part of its ordinary business. Dhollandia understands that a number of community organisations in regional drought and bushfire affected areas in NSW may be suffering financial hardship, particularly in light of the recent bushfires. As part of giving back to the community, Dhollandia will provide free servicing and training to six community organisations in these regions that assist in transporting persons with a disability or mobility issues. Target issue:

Volunteers and workers who assist in transporting persons who are frail aged (over 65), with a disability or with mobility issues are often exposed to a risk of muscular skeletal injuries. The passenger lifts installed in/on vehicles assist in reducing this risk. A number of community organisations that provide this type of service may be experiencing hardship in light of the recent drought and bushfires in NSW (and the subsequent impacts of COVID-19). Dhollandia will assist six community organisations to continue their work of increasing community access for people with mobility issues and also improve the WHS of the workers and volunteers in this process to ensure that the passenger lifts are operating by servicing and that the workers are provided information and training on how to safely use and operate the passenger lifts. Tangible outputs / deliverables:

This strategy will be delivered in the following stages:

Stage 1: Dhollandia will promote the offer of this strategy, being free servicing to passenger lifts twice in an 18 month period to 6 community organisations. This will involve researching, identifying and communicating the initiative to possible participants in

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rural/regional NSW with 6 organisations to be chosen. Dhollandia has reached out to six regional community organisations to take part in this strategy on an in-principle basis, should the enforceable undertaking be accepted.

Stage 2: Arrange for times to attend the community organisations region to undertake servicing twice in a period of 18 months. Dhollandia workers often conduct rural and regional visits for clients. Where these visits are arranged, Dhollandia will attempt to also conduct a visit to the community organisation at the same time. Where these visits are not arranged, Dhollandia will liaise with the community organisation to determine a mutually suitable time to conduct the servicing. As part of the visit, the Dhollandia worker will also provide the community organisation with verbal instruction and information on how to safely use and operate the passenger lifts on the vehicles and identify the safety vehicles for their reference.

Audience / beneficiaries: This strategy will assist:

community organisations that provide transport services to persons who are frail aged, with a disability or with mobility issues,

workers and volunteers within these organisations, and

persons with such mobility issues to continue to enable their accessibility and means of transport within the community.

Delivery method: Dhollandia will provide free servicing and information twice over the course of 18 months to six community organisations in drought and bushfire affected, regional NSW. To identify the six community organisations, Dhollandia has researched and reached out to community organisations in rural/regional NSW that offer transport services to persons with mobility issues. Dhollandia will liaise with the six confirmed community organisations to arrange servicing twice in a period of 18 months, where Dhollandia workers will attend the community organisation region to complete the servicing.

Timeframes: The servicing will be completed within 18 months of acceptance of the EU.

Action Time frame for Completion

Step 1: Identifying and confirming six community organisations for the initiative including arranging mutually suitable times to attend for servicing

1 month from acceptance

Step 2: Conduct servicing and instruction twice in a 12 month period

18 months from acceptance

Work health and safety outcome: Individuals involved in the transport of persons with mobility issues are subject to a greater risk of muscular skeletal injuries. Ensuring that community organisations have appropriately fitted and serviced vehicles to assist in the transport of persons with mobility issues will increase the WHS outcomes for the workers and volunteers involved in that transport as well as improving the access to community for persons with mobility issues.

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Time of internal Dhollandia team – communicating with and confirming participation of community organisations in initiative, administration and miscellaneous

Time of Dhollandia worker – servicing six organisations twice and providing training including travel and equipment required

Total estimated cost of community benefits $56,000

TOTAL ESTIMATED VALUE OF THE UNDERTAKING $313,139 - $341,139

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Section 3 – Offer of undertaking

As a duly authorised person of Dhollandia Australia Pty Ltd, I offer this undertaking and commit to the terms herein.

Signed: … ……………..

[Duly authorised person]

Name:

Position: Director

Dated at Richlands this 26th day

of June, 2020

Section 4 – SafeWork NSW’s acceptance of undertaking

The duration of an enforceable undertaking is determined by the content of the agreed terms. An enforceable undertaking commences and is enforceable once accepted by SafeWork NSW. The enforceable undertaking will be concluded on written advice from SafeWork NSW when all requirements of the undertaking have been satisfactorily executed.

I accept this undertaking as an enforceable undertaking under section 216 of the WHS Act.

Signed: …………………………………………………..

Name:

Position: Executive Director, Investigations and Operations

Dated at …………....................... this ………… day of …………........................ ………. [suburb] [month] [year]

Parramatta 26th June 2020

Valerie Griswold

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Annexure 1 – Public Notice of SafeWork NSW’s acceptance of undertaking Notice of Acceptance of an Enforceable Undertaking under Part 11 of the Work Health and Safety Act 2011. On 10 January 2017, a worker employed by Dhollandia Australia Pty Ltd, suffered injuries while installing a tail lift platform at the company’s NSW premises, located at Squill Place, Arndell Park. On the same date, three workers were operating fork lift trucks at the premises without the high risk work licence. SafeWork NSW investigated the incident and subsequently alleged that Dhollandia Australia Pty Ltd contravened sections 19(1), 32 and 43(2) of the Work Health and Safety Act 2011 (NSW). This notice has been placed under the terms of an enforceable undertaking and acknowledges acceptance of an undertaking, that is enforceable under the Act, from Dhollandia Australia Pty Ltd (ACN 159 131 558) as finalisation of the abovementioned alleged contravention. The undertaking requires the following actions:

Installation of overhead gantry cranes and lifting jacks at its NSW premises

Provision of WHS training to workers and officers

An audit on tail lift hydraulics and the strategies implemented from this enforceable undertaking

A WHS industry day to the transport service industry

Provision of free servicing to six community organisations in rural, drought affected areas in NSW that have passenger lift vehicles

The full undertaking and general information about enforceable undertakings is available at www.safework.nsw.gov.au.

http://www.safework.nsw.gov.au/

enforceable undertaking - safework nsw...it is alleged by safework nsw that on 10 january 2017,...

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