Feel Style Pty Ltd
On 27 October 2016, a young worker fell from a height of approximately six metres on to a concrete floor whilst working on a site in Amaroo ACT. Prior to the fall, the young worker was standing on a ladder that was placed next to a void in the construction site (penetration), and the young worker fell when he stepped off the ladder. WorkSafe ACT inspectors investigated the incident.
It is alleged by Worksafe ACT that Feel Style Pty Ltd failed to discharge its duties under section 32 of the Work Health and Safety Act 2011 (the Act) by failing to ensure that worksite voids were adequately covered, to the necessary extent, to prevent workers falling. It was also alleged that appropriate site supervision was not in place at the time of the incident, noting that the young worker was enrolled in the ‘Kids Assist’ Australian School Based Apprentice (ASBA) program.
The regulator considered a proposal for a work health and safety enforceable undertaking from Feel Style Pty Ltd. The proposal met the regulator’s general guidelines for the acceptance of WHS undertakings under the Act, and was consistent with WorkSafe ACT’s published guidance material for enforceable undertakings.
The proposal was accepted and became an enforceable undertaking in October 2018. The undertaking will deliver safety benefits to workers, to the construction industry and the community. The undertaking included a statement of regret, that Feel Style Pty Ltd acknowledges the seriousness of the incident and injuries sustained by the injured worker and the ongoing and longer-term consequences of the injury.
The total financial commitment of the undertaking is $132,000:
- to appoint an existing employee of Feel Style Pty Ltd as a dedicated Safety Officer with 25 per cent of their time attending to continually monitoring and improving safety outcomes in the workplace. The employee to complete a Certificate IV in Workplace Health and Safety;
- to prepare, collate and facilitate the authoring of an industry safety training workshop or ‘lessons learnt’ program, relevant to the incident involving a young worker and a fall from heights. A maximum of ten sessions to be held over a period of 24 months;
- in conjunction with the Lessons Learned Workshops, Feel Style Pty Ltd to prepare an editorial piece of 1,000 words touching on the lessons learnt as a result of the incident to be published in various media outlets in the ACT region.
- to make a cash donation to the Spinal Injury Unit at Canberra Hospital; and
- to provide building and construction (including maintenance) services to Hands Across Canberra up to the value of $20,000 per annum for a period of three years.
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