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Builder enters enforceable undertaking to improve construction safety

Monday 23, May 2022

Construction company John Holland Pty Ltd will deliver safety improvements worth more than $1.2 million that will benefit the construction industry nationally, through an enforceable undertaking accepted by Comcare. The commitment follows a 2018 incident on the Sydney Metro project, where a worker suffered leg injuries in a fall. Following a Comcare investigation, John Holland was charged in 2020 with breaching the federal Work Health and Safety (WHS) Act. The Commonwealth Director of Public Prosecutions agreed to withdraw the prosecution after Comcare accepted the enforceable undertaking.

On 11 September 2018, a DJD Brick and Blocklaying Pty Ltd worker, who was subcontracted to the NorthWest Rapid Transit Consortium as part of the Sydney Metro Project, Castle Hill Metro Station, was carrying out works on the mezzanine level. The worker stepped on a penetration cover which gave way, resulting in a fall of over seven metres onto the concrete floor below. The worker sustained serious injuries, including a broken femur and a damaged patella of the left leg, as well as a laceration to the left elbow. Following the incident, the worker’s left knee required surgical reconstruction and his broken femur was repaired.

As the principal contractor for the project, it was alleged that John Holland failed to ensure the board covering the void was adequately fastened. The original charge was a Category 2 offence under the WHS Act, carrying a maximum penalty of $1.5 million.

As part of the enforceable undertaking, John Holland has developed a program of work health and safety improvements and industry support. This includes a virtual reality app to identify hazards and risks in working at height, to be made freely available to the broader construction industry. The program also includes an improved site induction process using 360-degree cameras and virtual reality systems to strengthen understanding of site risks and hazards. The technology aims to provide the trainee with an immersive visual experience and improved engagement, familiarisation and understanding of the risks and hazards of the site.

Per the enforceable undertaking, John Holland will also engage with the construction industry to share insights from the incident and working at height initiatives; the company has engaged with the Australian Constructors Association, the Office of the Federal Safety Commissioner and the Master Builders Association (NSW) to assist in facilitating this presentation.

The company will also enter into partnerships with Indigenous and cultural diversity organisations to provide new job opportunities and support for an industry mental health initiative. Justin Napier, Comcare’s Head of Regulatory Operations, said John Holland’s position within the construction industry will enable it to deliver far-reaching impacts across the industry, through its commitment to improving mental health by partnering with ‘Wellness in Infrastructure’. Napier said the enforcement outcome will deliver measureable improvements.

“The undertaking offers tangible work health and safety benefits across John Holland’s workplaces and for the broader construction industry. There is also an important focus on providing work opportunities and supporting efforts to foster mentally healthy workplaces in the infrastructure sector,” Napier said.

Image credit: ©stock.adobe.com/au/Andy Dean