Hindmarsh Construction Australia Pty Ltd

On 11 October 2017, a CAT skid steer loader (Bobcat) reversed in the direction of a trench which at the time had plumbers working in it. The wheel of the Bobcat impacted and pinned one worker against the trench causing serious injuries to his lower body requiring hospitalisation. The second worker received minor injuries. WorkSafe ACT inspectors investigated the incident.

It is alleged by WorkSafe ACT that Hindmarsh Construction Australia Pty Ltd had a health and safety duty in accordance with section 30(a) of the Work Health and Safety Act 2011 (the Act), specifically the primary duty of care required by section 19 of the Act, and that it failed to comply with that duty by failing to have sufficient controls to prevent workers working near items of mobile plant and ensuring that the worksite had physical barricades and exclusion zones.

The regulator considered a proposal for a work health and safety enforceable undertaking from Hindmarsh. 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 September 2019. The undertaking will deliver safety benefits to workers, to the construction industry and the community. The undertaking included a statement of regret, that Hindmarsh Construction Australia 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 $506,500.

The undertaking requires Hindmarsh Construction Australia Pty Ltd:

• to deliver a bespoke national safety leadership training package to all Hindmarsh site staff;
• to purchase a forklift for an ACT Training Facility (CIT);
• to partner with the ACT Construction Industry Training Council to fund scholarships to study Certificate IV WHS Scholarships and $500 voucher for use at Sydney Tools to an award recipient in 2020 and 2021; and
• to donate a mobile support vehicle to OzHelp.

Enforceable Undertaking - Hindmarsh Construction Australia Pty Ltd (PDF 817KB)

Enforceable Undertaking - Hindmarsh Construction Australia Pty Ltd - Amendment (PDF 506 KB)

This enforceable undertaking was discharged on 14 September 2021.