Date accepted: 1 February 2022

Incident: In 2018 a couple were engaged to manage the day-to-day operations of a workplace. They were not provided with a budget for maintenance and repair work. The amenities at the workplace were inadequate. The shower and sink were both connected to a dam approximately 150 metres from the office. The dam contained high levels of E.Coli. There was no drinking water provided onside. The single toilet was a portaloo that was not connected to a water source and so a bucket of water from the dam was required to flush the toilet. Three vehicles were provided for use which were not maintained in a safe condition. There was a ramp used for loading pigs onto trucks was not maintained in a safe condition exposing workers to the risk of crush injuries. There was also damaged and exposed electrical wiring in the finishing shed exposing workers to the risk of exposure to electricity. 

The couple raised these concerns with the PCBU, but the concerns were either ignored or given minimal attention. After reporting, WorkSafe Vic attended the workplace and issued a number of improvement notices and prohibition notices. A large portion of the improvement notices were ultimately complied with over the following weeks but one remained unsatisfied at the time the matter was referred for investigation.

Alleged breach:  

PCBU having a health and safety duty under section 26 and section 111 of the Occupational Health and Safety Act 2004 and failed to comply with that duty (multiple counts). 

Summary of undertaking:   

The following are key commitments given: 

• develop a regular maintenance program to ensure proactive maintenance is undertaken to minimise and control any risks to health and safety
• engage an independent occupational health and safety professional to conduct a review of current practices at the Piggery
• develop a procedures manual to educate workers about the Piggery’s OHS system and the importance of health and safety at the Piggery
• distribute the manual with the assistance of the independent OHS professional and with the assistance of industry associations
• consult with the OHS professional and the Victorian Farmers Federation to produce and distribute three educational videos related to safe animal handling and safe operating procedures for piggeries

Total Minimum Expenditure: $209,000

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