Date accepted: 14 April 2022 

Incident: On 29 August 2019 a worker was folding sheet metal on a piece of plant known as a Pan Brake. The worker observed that the folding blocks of the plant were not aligned and placed their left hand under the press in an attempt to align the rear folding block with the front block. As the worker commenced moving the rear block, the worker accidentally placed a foot on the foot pedal which activated the folding blocks in a downwards stroke. As result the worker sustained a large laceration and crush injuries to the left hand. 

Alleged breach:  

• PCBU having a health and safety duty under section 19(1) of the of the WHS Act, failed to comply with that duty contrary to section 32 of the WHS Act 
• Officer having a health and safety duty under section 27 of the WHS Act, failed to comply with that duty contrary to section 32 of the WHS Act. 

Summary of undertaking:   

In a combined undertaking given by the PCBU and Director the following are key commitments given: 

• Employ a WHS Officer (WHSO) and Rehabilitation and Return to Work Coordinator (RRTWC) 
• Develop and implement an online bilingual OHSMS designed to address the varying literacy levels in the workforce (English & Vietnamese) 
• Director to complete an OHS coaching program with monthly coaching sessions to teach and support the Director in exercising their duties as an officer. 
• Participate in industry occupational hygiene research projects conducted by the University of Queensland 
• Host a Vietnamese Brisbane business forum presenting on managing health and safety, lessons learned and specified initiatives arising from this undertaking. The forum will also include a notable Vietnamese guest speaker from the broader Australian Vietnamese community who will also speak about business management mindset and safe working environments. 

Total Minimum Expenditure: $331,984 

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