An interesting item appeared in SMH this morning, item here:
https://www.safework.nsw.gov.au/compliance-and-prosecutions/enforceable-undertakings/2020-eu-accordion/inghams-enterprises-pty-limited
Inghams Enterprises Pty Limited
On 1 December 2016 a worker at the Ingham’s site located at Prestons,
NSW, was working in the weigh label room stacking and adjusting pallets
containing chicken products. The worker was injured as a result of being
trapped by a [palletising robot] in a robotic cell.
[I've no idea what a 'robotic cell' is, nor why a worker was in it]
[Ingham's sacked the robot, i.e. removed it, forthwith.
Ingham's has undertaken to spend half-a-mill to develop a "safety
incident reporting portal for Ingham’s WHSMS, specifically designed to
address Ingham’s agri-business operations. Once developed this portal
can be accessed via Ingham’s intranet, desktops and on workers’ mobile
devices so the system can be can used by all workers, sub-contractors,
and leaders who use the Ingham’s WHSMS onsite, in real-time, at the
click of a button".
[I've no idea why it took 3-1/4 years from the accident to the signing
of the undertaking by Ingham's and Safework NSW, but I guess it's progress.]
______________
Alleged breach
Inghams Enterprises Pty Ltd contravened section 19(1) and 32 of the Work
Health and Safety Act 2011.
Summary of undertaking
Activities Inghams Enterprises Pty Ltd will undertake include:
Development and Implementation of an electronic platform for a Work
Health and Safety Management System designed for use in Ingham’s
agri-business operations;
An initiative to share the learnings from the incident and the process
for developing the electronic platform for the Work Health and Safety
Management System with industry;
Development of a video to promote SafeWork NSW’s Participative
Ergonomics for Manual Tasks (PErforM) Program; and
Partnering with a creative advertising organisation to develop a public
awareness campaign regarding musculoskeletal disorders.
This undertaking has a total expenditure of $499,000.
Reasons for accepting the undertaking
The alleged contravention does not appear to be a section 31 Reckless
conduct category 1 offence, which if it was the case, would preclude the
proposed undertaking from being accepted
The nature of the alleged contravention and the actions taken by Inghams
Enterprises Pty Ltd in response to the incident are assessed as being
appropriate for consideration of an undertaking
The strategies proposed in the undertaking have been assessed as likely
to deliver long term sustainable safety improvements in the workplace,
industry and community
The undertaking addresses the requirements contained within the
“Enforceable Undertakings – Guidelines for Proposing a WHS Undertaking”.
Date accepted
20 April 2020
Details here:
https://www.safework.nsw.gov.au/__data/assets/pdf_file/0010/821935/Inghams-Enterprises-Pty-Limited-signed-EU-Proposal_Redacted.pdf
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Roger Clarke mailto:[email protected]
T: +61 2 6288 6916 http://www.xamax.com.au http://www.rogerclarke.com
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Visiting Professor in the Faculty of Law University of N.S.W.
Visiting Professor in Computer Science Australian National University
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