Workplace health and safety undertaking
Undertaking to the Chief Executive, Department of Justice
and Attorney-General given for the purposes of part 5 of
the Workplace Health and Safety Act 1995.
For and on behalf of
Brendale Steel Fabrications ABN: 25 309 819 834
("8SF")
PRIVACY STATEMENT: The Department of Justice and Attorney-General 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 the Chief
Executive, Department of Justice and Attorney-General given for the purposes of
part 5 of the Workplace Health and Safety Act 1995. This information will be
managed within the requirements of the current state government privacy regime.
The department may publish the undertaking and the information contained in it tor
purposes identified in the undertaking or for other appropriate legal purposes in
various publications such as newspapers and on its website. The department may be
required to disclose personal information to other regulatory agencies such as the
Queensland Police Service, WorkCover, Q-Comp and other 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.iustice.gld.gov.au.
Workplace Health and Safety Queensland, Department of Jus1ice and Attorney-General
Information guide - Enforceable undertakings-guidelines for proposing an undertaking
for people who have received a complaint and summons for an alleged OHS contravention.
PNlOB20 Version 2 last updaled 19 July 2010
Version 5 Submitted: 4 October 2011
Page 1 of 15
General Information
(a) Entity details
Street Address
Mailina Address
TeleDhone
Email address
Entity Structure
TVDe of Business
Commencement Date
Employees
Products and Services
OHSMS Information
Comments
Unit 17, 193 South Pine Road, Brendale QLD
4500
Same as above
Mobile: 0433 984 286
allensx5@binnond.com.au
P & B Allan Family trading as Brendale Steel
Fabrication I"BSF")
Steel Fabrications
18 October 2006
Full time: 5
Part time 1
Build, supply and erect steel fabrications,
installation to contractors and customers
No formal documented system was in
place at the time of the incident.
BSF's services include steel Fabrication, Site
Installation of structural steel and metal
work to domestic, commercial and
industrial properties.
(b) Details of the incident
During June 2010, a BSF worker was cutting lengths of steel with a nine-inch (9") angle
grinder. The 9" angle grinder jammed ("grabbed") and kicked back out of the cut. The
9" angle grinder hit the worker causing a laceration to the ulnar aspect of the left wrist.
The worker attended the hospital for treatment and received financial and rehabilitative
support from WorkCover Queensland.
(e) Acknowledgment of alleged contravention
It is acknowledged that Workplace Health and Safety Queensland have alleged that
Brendale Steel Fabrications ("BSF") workers were exposed to risks to their health and safety
as a result of contravention the Workplace Health and Safety Act 1995. These allegations
are very serious and BSF has undertaken its own investigation of the incident and the
necessary corrective measures that need to be implemented to ensure that there is no
repetition of the incident.
(d) Details of the alleged contravention
It is alleged by Workplace Health and Safety Queensland that during June 2010 workers
were exposed to a hazard, the source of which being:
i)
a rotating cutting disc fitted to the plant, namely an angle grinder;
Workplace Health and Safety Queensland. Department of Justice and Attorney-General
Information guide - Enforceable undertakings-guidelines for proposing an undertaking
for people who have received a complaint and summons for an alleged OHS contravention.
PN 10820 Version 2 lost updated 19 July 2010
Version 5 Submitted:
4 October 2011
Page 2 of 15
ii)
the system of work for cutting steel using the said plant;
iii)
which lead to the posed risk, as a risk of death or injury to workers, including the
risk of laceration injuries to the left wrist of the injured worker; and
iv)
as a result. the injured worker has sustained grievous bodily harm.
The allegations by Workplace Health and Safety Queensland that BSF failed to discharge
the obligations pursuant to section 28(1) of the Workplace Health and Safety Act 1995 in
that BFS failed to ensure the workplace health and safety of the injured worker. It is
alleged that this breach of the Act caused grievous bodily harm to the injured worker.
(e) Assurance about future behavior
BSF now fully understands and appreciate their obligations under the Workplace Health
and Safety Act 1995 and is committed to ensuring that they not only meet but exceed their
obligations in order to provide a safe work environment for all workers, customers and
management.
After becoming aware of Workplace Health and Safety Queensland procedures and
requirements, BSF has implemented procedures to comply with the legislative requirements.
It is BSF's intention and commitment to now build a strong, compliant and substantial
Safety Management System in order to control the risks associated with its operations,
prevent workplace injuries and to ensure compliance with all legal obligations.
(f) Statement of regret
BSF sincerely regrets the incident that occurred during June 2010 and the injury that
eventuated as a result of the incident.
(g) Fatality or very serious Injury information
The alleged contravention does not involve a fatality or very serious injury.
(h) Improvement or prohibition notices associated with alleged contravention
(J
No
x Yes (provide details)
Date issued
Notice Type
25 June 2010
Prohibition
P754902
Action taken to
respond to notice
No Use of 9 inch Supplied
Grinders
to
cut procedures for use
125mm X 125mm X of 9 inch Grinders.
8mm angle iron Outsource to steel
to
cut
until
appropriate suppliers
before
are
in steel
controls
place to manage delivery.
the risk of injury to Implementing
Workplace Health
employees of BSF.
Safety
and
procedures
including employee
induction to safelv
Contravention
Notice
Workplace Health and Safety Queensland, Department of Justice and Attorney-General
Information guide - Enforceable undertakings-guidelines for proposing an undertaking
for people who have received a complaint and summons for an aUeged OHS contravention.
PN10820 Version 2 last updated 19 July 2010
Version 5 Submitted:
4 October 2011
Page 3 of 15
operating all facets
of the business of
BSF.
(i) Support to injured person
The injured person was an employee of the entity.
BSF offered support to the injured worker upon becoming aware of the incident and the
resulting injury.
Following the incident, BSF continued to contact the injured worker to remain updated on
the worker's treatment and progress.
BSF liaised with WorkCover Queensland in relation to the lodgement of a claim by the
injured worker and ongoing rehabilitation. BFS also liaised with WorkCover Queensland to
provide a return to work program for the injured worker and provided ongoing additional
support to the worker.
(j) Workers' compensation information
Workers' compensation to injured person/s provided through self-insurance of the entity:
D Yes
x No
D Not applicable (No injured person)
(k) Publishing of undertaking
BSF acknowledges that this undertaking may be published on the departmental Internet
site, referenced in departmental material and may be published in newspapers.
(i) Rectifications made as a result of the alleged contravention
BSF immediately introduced a comprehensive procedure to operate angle grinders safely
and reviewed this procedure with their workers to ensure that all workers were aware of the
necessary safety procedures required when utilising angle grinders in the workplace.
Currently, if it cannot be satisfied that a specific job can be carried out safely by BSF
workers after a risk assessment is completed, the job will be outsourced to contractors who
have the expertise to perform the task safely. This will assist in preventing any further
workplace injuries occurring. This requirement has been cornmunicated to the worker's,
both verbally and in a written Memo distributed to all workers. BSF's Induction Checklist has
been updated with the requirement to review safe work procedures and to demonstrate
how to safely use all equipment.
BFS has also updated their workplace procedures and policies to ensure that all tasks
performed by workers are carried out safely and do not pose any risk to any worker,
customer or any other mernber of the public who may attend upon the workplace.
The irnmediate cost of updating the BSF's induction checklist and workplace procedures
and policies are as follows:
Cost:
5 Days Manager - $300 x 5 =
2 Days Office Administrator =
$1.500
$ 400
Workplace Health and Safety Queensland, Department of Justice and Attorney-General
Information guide - Enforceable undertakings-guidelines for proposing an undertaking
for people who have received a complaint and summons for an alleged OHS contravention.
PN 10820 Version 2 last updated 19 July 2010
Version 5 Submitted:
4 October 2011
Page 4 of 15
Y. Day Refresher for 4 Employees =
Total =
$ 400
$2,300
The ongoing costs for the implementation and effectiveness monitoring of these workplace
procedures and policies is addressed at section (b) Future management of risks associated
with the alleged contravention.
1m) Acknowledgment ot EU overview and guidelines
I have read and understood:
1. Enforceable undertakings-overview version 2 dated 19 July 2010; and
2.
Enforceable undertakings-g uidelines for proposing an undertaking for people
who have received a complaint and summons for an al/eged OHS
contravention version 2 dated 19 July 2010.
In) Acknowledgment of ability to comply with terms
We declare that BSF has the financial ability to comply with the terms of the
Enforceable Undertaking. We attach to this Undertaking a report from our
Accountant, John Benson of Benson Speath & Co, dated 6 June 2011 that verifies our
financial ability to satisfy the terms of the Enforceable Undertaking.
Workplace HeaHh and Sofety Queensland, Department of Justice and At1orney-General
Information guide - Enforceable underlokings-guidelines for proposing an undertaking
for people who have received a complaint and summons for an alleged OHS contravention.
PN 10820 Version 2 Last updated 19 July 2010
Version 5 Submitted:
4 October 2011
Page 5 of 15
Terms of the Undertaking
(a) Ceasing of behavior that led to the alleged contravention
~n .immediate review of the pOlicies and procedures was undertaken by BSF following the
Incident In June 2010 and the subsequent injury to the worker. BSF also undertook an
immediate review of their workplace training procedures.
Since the date of the injury, all workers have been provided with a fresh copy of existing
policies and procedures. All workers have attended a training session on the policies and
procedures applicable in the operalion of the 9" angle grinder at BSF's premises and
worksites. All workers are now required to sign an attendance record to confirm their
receipt of BSF policies and procedures and training in safe work procedures during the
in-house staff training sessions.
BSF will review the safety procedures relating to all tasks
within their business every 6 months.
(b) future management of risks associated with the alleged contravention
BSF is committed to ongoing and future management of the risks associated with the use of
angle grinders by conducting periodic and random checks to ensure that safe work
procedures are complied within the workplace. If non-compliance with the procedures is
identified then further training of workers will be provided. This process will be reviewed on
a three monthly basis.
In addition to the corrective action taken above, BSF is reviewing all of their safe work
procedures and have been undertaking training sessions to ascertain workers
understanding of and competence with the operation of all equipment for tasks.
Parallel to this. BSF have engaged an Occupational Health & Safety Consultant to
implement and periodically audit an AS4804 compliant management system. In
recognition of the commitment required to implement and embed a safety management
system into BSF, an 18 month contract with the consultancy company has been
established for the implementation and review phase and a further 18 months for the
ongoing system support phase.
The agreed development. implementation and audit schedule is as follows:
'1irr\iflOS ..•.
....• ...:.'.-~-'"
--
--:-:--'~<~>
..••• -..... _,:>..••.-.,
Ae.tivities -. - .
Develop a hazard register
Identify and address priority actions (EG: SWls, tools,
equipment. work areas organisation, training requirements).
By 30 April 2011
Develop budget for SMS
Commence documenting of safety management system
. (SMS!.
Complete risk assessments/risk management plan
Complete implementation of additional risk controls to be
implemented, continue implementation
By 28 September 2011 Complete documenting system in consultation with workers
Complete baseline implementation of electronic SMS
(iSystain) (to manage incident. hazards, safe observations,
actions!.
..
...
Workplace HeaHh and Safety Queensland. Department of Justice and Attorney-General
Information guide - Enforceable undertakings-guidelines for proposing an underlaking
for people who have received a complaint and summons for an alleged OHS contravention.
PN 10820 Version 2 last updated 19 July 201 0
Version 5 Submilted:
4 October 2011
Page 6 of 15
Timings)c, C_". /
By 30 Sept 2011
"ACtivities '.Conduct
]51
;:;c' ·•.
·~·c~;;~J;;·i-;;-·
.';"'.
co;;
;:'\-,'3;"
third party audit against AS4801 and WHSA.
Send audit reQort to Executive Director, WorkQ/ace Health
and Safet';'. Queensland
Develop OHS Management System Improvement Plan to
address gaps and improvement opportunities identified
during audit
Address audit findinQs and action items
Re-assess progress against AS4801 (which will cover progress
against OHSMS Plan) and assess potential additional
requirements/adjustments in line with Work Health Safety
(OHS) Harmonisation
Proaress action items.
Update OHS Management System Improvement Plan based
on results from implementation audit
ProQress action items
By 28 Oct 2011
By 25 Jan 2012
By 22 Feb 2012
By 30 Sept 2012
Conduct 2nd third party audit against AS4801 .
By 30 Oct 2012
Send audit reQort to Executive Director, WorkQ/ace Health
and Safet';'. Queensland with action plan.
By 30 April 2013
Address audit findings and recommendations.
By 30 Oct 2013
Conduct 3·d third party audit against AS4801.
Progress action items.
Send audit reQort to Executive Director, WorkQ/ace Health
and Safet';'. Queensland with action plan.
By 30 April 2014
Address audit findings and recommendations.
By 30 Sept 2013
Cost:
$13,500
$ 6.500
$20,000
Payment to consultant for first year=
Payment to consultant for 2 years=
Total =
(e) OHSMS for entity
As mentioned in (b), BSF is in the process of implementing an occupational health and
safety management system that is consistent with AS/NZS 4804:200 I Occupational Health
and Safety Management System (OHSMS) general guidelines on principles, systems and
supporting techniques.
The system will be implemented within 12 months of signing the undertaking.
(d) Audits of OHSMS
As mentioned in (b), BSF will engage the services of a qualified auditor who will audit the
system against the AS/NZS 4804:200 I Occupational Health and Safety Managemenf SYstem
in accordance with established timeframes.
Workplace Health and Salety Queensland, Department of Justice and Attorney-General
InformaUon guide - Enforceable undertakings-guidelines for proposing an undertaking
for people who have received a complaint and summons for an alleged OHS contravention.
PN 10820 Version 2 Lost updated 19 July 2010
Version 5 Submitted:
4 October 2011
Page 7 of 15
(e) Auditors of OHSMS
Auditors selected to pertorm OHSMS audits will be:
• Certified by an JAS/ANZ accredited body.
Details of the auditors' qualifications against the stated requirements will be provided with
audit reports submitted to WHSQ.
(f)
Audit timeframes
BSF will engage the services of an appropriately qualified auditor to audit the OHSMS in
accordance with the following schedule:
• An initial third part audit will be undertaking within six months of implementation of
the OHSMS
• Two further third party audits will be undertaken at 12 month intervals, commencing
12 months after the initial audit report has been provided.
(g) Reports of OHSMS audits
BSF acknowledges that audit reports received from the auditor will be sent to the
Executive Director, Workplace Health and Safety Queensland, within 30 days of the audit.
It is further acknowledged that within 30 days of receipt of the auditor's written report, the
Executive Director, Workplace Health and Safety Queensland, will be advised of the
intended action in addressing each of the report's recommendations.
(h) Implementation of audit recommendations
BSF acknowledges that any recommendations resulting from the OHSMS audit will be
fully implemented within 6 months of receiving the audit report, unless the Associate
Director-General of the Department of Justice and Attomey-General offers an
exemption due to the actions being unreasonable.
(i)
Benefits to workers
i)
Workplace Health and Safety Training Course
BSF will enroll their Office Manager into Australian Safety and Learning
systems in order to become a Workplace Health and Safety Officer.
This will ensure that BSF has an onsite, fully qualified, Workplace Health
and Safety Officer who is able to ensure that BSF continues to be fully
compliant with the Workplace Health and Safety Act 1995.
Date to be implemented: Initial course was completed on 9 to 13 May
2011, with the Industrial elective to be completed on 22 to 24 August
2011. The initial course and elective have now been completed such
that BFS has a fully qualified Workplace Health & Safety Officer on site.
Cost:
Initial Course
Industrial Electives
$1.245
$ 550
Workplace HeaHh and Safety Queensland, Department of Justice and Attorney-General
Information guide - Enforceable undertakings-guidelines for proposing an undertaking
for people who have received a complaint and summons for an alleged OHS controvenUon.
PN10B20 Version 2lasl updated 19 July 2010
VerSion 5 Submitted:
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Page 8 ot 15
Total=
iiJ
$1,795
Certltlcate 4 in Occupational Health & Safety
BSF have enrolled their Office Manager in a Certificate 4 Occupational
Health & Safety course. This will ensure that BSF have a Workplace
Health & Safety Officer who has the necessary qualifications and
training that will be mandatorily required in accordance with the
amendments to the Workplace Healfh & Safety Act 1995 due to
commence in 2012.
Date to be implemented: The course was completed on 6 and 7 June
2011. with the Workplace Health & Safety having the requisite
qualifications to continue in their role following the commencement of
the amendments to the Workplace Healfh & Safety Act 1995 in 2012.
Cost:
IIIJ
$550
Workplace Health and Safety Administrator
Having completed the Workplace Health and Safety Officer Training,
the Office Manager will take on the role of BSF's Workplace Health and
Safety Officer and safety systems administrator.
It is envisaged fhat this role will account for a minimum of 15% of the
overall duties for the Office Manager Which will include the following
tasks: safety system administration, organising inspections, risk
assessments, addressing corrective actions, implementing and
maintaining hazard register, document control, organising in-house staff
training and ensuring the use of safety equipment in the workplace.
Date to be implemented: Initial course was completed on 9 to 13 May
2011, with the Industrial elective to be completed on 22 to 24 August
2011.
IvJ
First Aid Training and First Aid kits In all company vehicles
BSF will enroll 4 workers and 2 managers into an accredited Senior First
Aid course which will ensure that all workers are fully capable of tending
to a workplace injury should an accident occur. This training will enable
them to be able to assess the situation and make an informed decision
on how to handle the injury. Furthermore, by providing first aid training to
all workers, they would be able to assist a community member shOUld
they be in the presence of an injury occurring outside of work hours or
outside of the workplace premises.
BSF will maintain these skills by organising and enrolling workers in the
refresher First Aid training every three years and CPR refresher course
annually.
Date to be implemented: First aid kits have been installed in all work
vehicles and the First Aid course is to be completed on 8 October 20 II .
Workplace Health and Safety Queensland, Department of Justice and Af1orney-General
Information guide - Enforceable undertakings-guidelines for proposing an undertaking
for people who have received a complaint and summons for an alleged OHS contravention.
PNI0820 Version 2 Losl updaled 19 July 2010
VerSion 5 Submitted:
4 October 2011
Page 9 of 15
Cost:
First Aid Training 6 x $145 =
Refresher Training 6 x $125 (X3 years) =
Total =
$870
$2,250
$3,120
In addition to firsf aid training, BSF has purchased 4 emergency vehicle
kits for the four utility trucks used by the workers, The first aid kits will be
in all work vehicles from the date of the approval of this Enforceable
Undertaking,
Cost:
4 X Emergency Kits=
v)
$798
Forklift competency trafning. assessment and licensing
BSF will enroll four workers in a 2 day forklift licence training course and
four workers in a scissor lift licence training course, This training will
reduce the risk involved in workers performing work in proximity to
operating forklifts, It would therefore be beneficial for workplace health
and safety if all workers were better acquainted with the safe operation
of forklifts as both drivers and proximate workers,
Date to be implemented:
2 staff will participate in the training course on 10 October 2011 & 2 staff
will parficipate in the training course on 7 November 2011 ,
Cost:
vi)
4 x $550 tor 2 day Forklift licence training =
4 x $1 75 for 2 day Scissor Lift license training =
Total =
$2,200
$700
$2,900
Extension and cordoning off of the current premises
BSF have leased the premises next to their current premises to enable
improved traffic management on site by reducing the risk of
pedestrian/plant interaction,
BSF will develop, implement and maintain a traffic management plan
that incorporates the purchase of the additional premises and will
ensure that workers and others receive a site induction that
encompasses safe access/egress to/from the premises and safe work
procedures when operating or working near plant in the workplace,
Leasing the additional premises will enable:
•
•
•
The cordoning off of the operational area to restrict access
by unauthorised persons or members of the public by putting
chains across the two roller doors that are situated at the
front of the workshop;
The provision of two additional parking areas for deliveries
Which will improve the separation of the commercial vehicles,
trucks and forklifts and customer vehicles;
The additional parking area will also eliminate the likelihood
of customers coming within proximity of vehicles operating
Workplace Health and Safety Queensland, Department of Justice and Attorney-General
information guide - Enforceable underfakings-guidelines for proposing an undertaking
for people who have received a complaint and summons for an alleged OHS contravention.
PN10820 Version 2 Last updated 19 July 2010
Version 5 Submitted:
4 October 2011
Page 10 of 15
•
•
•
within the workplace;
The establishment of a separate office area for
administration staff eliminating the requirement for them and
customers to have to walk through the operational working
area;
The establishment of a separate amenities and lunch break
area to ensure that workers are not in the operational area
during their prescribed breaks while they are not wearing
personal protective equipment; and
Additional storage area for non-hazardous materials.
The leasing of the additional premises will ensure that only authorised
individuals enter the workshop and that those that do enter are wearing
the appropriate personal protective equipment in order to eliminate any
risk to their safety and wellbeing.
Date to be implemented:
The new premises were leased in May 2011 and since that time all of the
above steps have been taken to cordon off work areas for authorised
staff and members of the public.
Cost:
vi)
$230 per week x 52 weeks
Total over 3 years =
=
$ 11.960
$35,880
outsourcing the CuHing of Metal
BSF have identified the benefit of outsourcing the cutting of metal. in
particular the cutting of 125mm X 125mm X 8mm iron by 9" angle
grinders to manage the risk to workers when using angle grinders. BSF
have been outsourcing the cutting of metal to Steel Merchants since
the incident in June 2010. BSF have formed the view that it would be to
the benefit of workers to continue outsourcing the cutting of 125mm X
125mm X 8mm iron by 9" angle grinders. The cost of outsourcing the
cutting of the metal is 7.5% more expensive than if the metal was cut
in-house.
(j) Benefits to relevant industry
i)
Article for Trade Magazine
BSF will work with a consultancy company to write an article for a trade
magazine (such as Master Builders) describing the incident, the
consequences to the worker and BSF, and what BSF have done as a
result of the incident. The article's objective will be to share what BSF
has learnt from this incident and endeavor to give insight into small
business's responsibilities under the Workplace Health and Safety Act.
The article will take a positive approach about how the steps taken by
BSF to comply with their workplace health and safety responsibilities has
improved their business. For example: "A safe business is a good
business."
Date to be implemented: July 2011
Workplace Health and Salety Queensland. Departmenl of Justice and Atlorney-General
Information guide - Enforceable undertakings-guldelines for proposing an undertaking
for people who have received a complaint and summons for an alleged OHS contravention.
PN10820 Version 2 last updated 19 Juty 2010
Version 5 Submitted:
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Page 11 of 15
Cost:
A consultancy company to write the article and advertising cost
Total =
$1,745
ii)
Workshop to SklllsTech Australia - Welding Department
BSF will work with a consultancy company to present a workshop to first
year students in the Welding Department of SkilisTech Australia on
workplace safety. The objective of the workshop would be to inform
students of workplace hazards and risks specific to sheet metal workers
and strategies to reduce their risk to injury in the workplace.
Date to be implemented: December 2011
Cost:
(k)
A consultancy company to prepare BSF to deliver workshop and
BSF Manager/Supervisor to deliver workshop
Total:
$900
Benefits to community
The inCident in June 2010 has provided BSF with insight as to the impact that an
unsafe work environment has on its workers and business. BSF is committed to
educating the community on the benefits of safe workplaces that ensure all workers
are not exposed to a risk of injury.
BSF have identified that the Spinal Injuries Association (SIA) provide several
awareness programs that inform people of the impact of being injured at work.
One particular program is the Spinal Education Awareness Team (SEAT) Which visits
workplaces to educate workers on the impact of injuries at work, the impact of
spinal injuries and disabilities due to workplace injuries, and workplace strategies for
injury prevention.
BSF proposes to make a donation of $1 ,000 per year for 3 years to SIA for the specific
purpose of financing the SEAT program to raise awareness in the community of the
impact of workplace injuries and injury prevention in the workplace. BSF will make
the initial donation by 31 December 2011 and will ensure that no public recognition
or advertising is gained from the donations.
Cost:
(I)
$1,000 per year over 3 years
Total=
$3,000
Cost recovery
Agreement is given to paying departmental costs associated with the undertaking,
as itemised below, and it is acknowledged that payment is due 30 days otter
receipt of the departmental invoice:
Workplace Health and Safety Queensland. Deparlment of Justice and Attorney-General
Information guide - Enforceable undertakings-guidelines for proposing an underlaking
for people who have received a complaint and summons for an alleged OHS contravention.
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Version 5 Submitted:
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•
•
•
•
•
Recovery of Legal Costs
$ 750
Investigation costs representing the reasonable
investigation costs arising out of the incident
$1.410
Consideration costs
$
Departmental compliance monitoring costs
$3.410
Publishing the 'Notice of Acceptance'
$2,000
Total
(m)
900
$8,470
Minimum spend
A commitment is given to a minimum spend of $79,000 for this undertaking.
This spend comprises:
Summary of minimum spend
Total value of benefits to workers
$ 65,043
Total value of benefits to industry
$
2,645
Total value of benefits to community
$
Departmental recoverable costs
$ 8,470
Estimated value of the undertaking
Estimated value of the undertaking
rounded down to the nearest $1000
3,000
$79,158
$79,000
Agreement is given to spending any residual amount arising from an original term not
being completed or being less costly than estimated in this undertaking. Agreement on
how this residual will be spent will be sought from the chief executive.
(n)
Dissemination oflhe undertaking
Dissemination will be achieved by implementing the following:
The details the terms and benefits of the Undertaking will be communicated internally
within BFS through Memo to all workers and during the in-house training sessions.
BFS agrees to the publication of a Notice of Acceptance by Workplace Health & Safety
Queensland (WHSQ) in accordance with WHSQ requirements.
Dissemination will occur:
Within 30 days of the Undertaking being accepted by the Chief Executive of the
Department of Justice and Attomey-General
Workplace Health and Safety Queensland, Deparlment of Justice and Attorney-General
Information guide - Enforceable undertakings-guidelines for proposing an undertaking
for people who have received a complaint and summons for an alleged OHS contravention.
PN10820 Version 2 Last updaled 19 July 2010
Version 5 Submitted:
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Page 13 of 15
(0) Compliance monitoring
It is acknowledged that 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 the regulator
by the due date for the term.
It is acknowledged that the regulator 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 the regulator
that the undertaking has been completely discharged.
It is acknowledged that the regulator may initiate additional compliance monitoring
activities, such as inspections, as considered necessary at the regulator's expense.
Workplace Health and Safety Queensland. Department of Justice and Attorney-General
Information guide - Enforceable underfakings-guidelines for proposing an undertaking
for people who have received a complaint and summons for an alleged OHS contravention.
PN10820 Version 2 last updated 19 July 2010
Version 5 Submitted:
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Offer of undertaking
I offer this undertaking and commit to the terms
herein.
Signed: .................................................... .
[Identified person]
..........................................................
[Position]
[Print
As a duly authorized person of Brendale Steel Fabrications I offer this
undertaking and commit Brendale Steel Fabrications to the terms herein.
. .
signed: ....... ~
..........
[Duly authorized person]
})u'< o>C'tela.
..........................................................
[Position]
[Print name]
Dated at
.J.I.'-.c?.P.!':1 ......... .this ..2.8.:... day of... .. !Y.??Y.1.:'w.1~Mt.... , 20./../
Departmental acceptance of undertaking
I accept this undertaking as an enforceable undertaking under
section 42E of the Workplace Health and Safety Act 1995.
Signed:
d~ / /?t>"I]
Associate
Director-Gen
eral,
Department
of Justice and
Attorney-Gen
eral
[Print name]
Workplace Health and Safety Queensland, Department of Justice and Attorney-General
Information guide - Enforceable undertokings-guidelines for proposing an underloking
for people who have received a complaint and summons for an alleged OHS contravention.
PN 10820 Version 2 Last updated 19 July 2010
Version 5 Submilled: 4 October 2011
Page 15 of 15