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We have accepted an enforceable undertaking from Trojan Holdings Limited after an incident on 26 June 2017.

The victim was a Transfer Station Operator at Cromwell Transfer Station.

On 26 June 2017 the victim was assisting in the process of unloading a full skip bin from a gantry truck.  The victim was about to open the skip bin doors when the gantry truck began reversing.  The victim fell 3.5m into the tipping pit (it is unclear whether he was hit by the gantry truck or fell trying to get out of the way). He sustained a traumatic brain injury and a large right femur fracture.

Alleged Breach

Sections 36(1) (a), 48(1) & 2(c) of the Health and Safety at Work Act 2015

Summary of Enforceable Undertaking

Trojan Holdings Limited will:

  • Provide amends in the form of payment to the victim
  • Invest in a new workplace health & safety (H&S) system
  • Invest in a range of H&S workplace upskilling initiatives
  • Employ an occupational health advisor
  • Develop an online traffic management course
  • Support waste/transport industry H&S education sessions
  • Provide scholarship support in H&S
  • Make appropriate donations
  • Contribute towards community school holiday programmes

This enforceable undertaking has a total expenditure of at least $250,000

Reasons for Accepting the Undertaking

The alleged contravention does not amount to an offence against section 47 (reckless conduct) which would preclude it from being accepted.

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (July 2017); noting:

  • The nature of the proposals in the application and the benefits that would be realised to the health and safety system from them
    • The activities in the enforceable undertaking should provide long-term sustainable health and safety improvements in the workplace, industry, and community.
  • The nature of the alleged contravention and how serious it was
    • The incident was serious.
  • Information received from any interested party in relation to the contravention.
  • Mitigation and remedial action, already taken, or planned, regarding both the contravention and any person affected by the contravention (including victims).
    • Detailed at 1.5 of the enforceable undertaking
  • The person’s past performance and history of compliance with health and safety legislation
    • This is satisfactory.
  • Any likely outcome if the matter were dealt with by legal proceedings. 
    • A charge was filed in relation to this incident on the basis that there was both evidential sufficiency, and a public interest in initiating prosecution. A successful prosecution outcome may have resulted.
  • Any other matter which WorkSafe thinks is relevant.
    • The undertaking delivers benefits beyond compliance.
    • The undertaking offers sufficient benefit to the workplace, industry and community to offset the seriousness of the offending.
    • The undertaking contains acceptable terms.
    • The undertaking accounts for the benefits that accrue to Trojan Holdings Limited by a prosecution not proceeding.

Date accepted

15 November 2018

Further information

View the full Enforceable Undertaking:

PDF
Enforceable Undertaking - Trojan Holdings Limited (PDF 4 MB)
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