John Holland and Thiess admit to OHS failings, will fund major safety research investment

Two of Australia’s largest construction companies, John Holland and Thiess, have entered into a $225,000 enforceable undertaking after two concrete sound barrier panels, each weighing 11.3 tonnes, fell from a contractor’s truck near the Eastlink tollway project in Ringwood, Melbourne, in October 2006. No one was hurt in the incident.

John Holland and Thiess were building the tollway as a joint venture and subcontracted Transdyer Management (trading as Dyers Transport) to transport the concrete panels.

The companies have admitted they failed to: provide and maintain a safe system of work; provide information instruction, training and supervision; and ensure that people other than employees were not exposed to risk.

Transdyer Management was convicted and fined $30,000 in 2009 in relation to the incident.

Enforceable undertakings were a recommendation of the 2003 review of the Occupational Health and Safety Act by Chris Maxwell QC and are an alternative to prosecution, in some cases, and can result in a quicker resolution of an issue, but with a direct safety outcome.

In lieu of prosecution by WorkSafe Victoria, John Holland and Thiess will spend up to $225,000 to research best practice for the selection, engagement, monitoring and management of specialist contractors which dominate major infrastructure projects.

“What we’ve achieved, in this case, is getting two major companies to pay for research that may have application elsewhere,” said WorkSafe Victoria’s Deputy Chief Executive, Ian Forsyth.

“The money we would have expected to have been imposed as a fine will go directly towards a safety outcome with a practical application.

“A significant part of the application of workplace health and safety is not just applying what the law says about basic obligations, but what is also ‘reasonably practicable’.”

Under the terms of the enforceable undertaking, the companies will engage WorkSafe-approved independent health and safety experts and report back to WorkSafe on their findings within six months.

Guidance materials will be developed as part of the process and be posted on the companies’ websites and distributed to industry stakeholders to promote awareness.

If the research project costs less than $225,000, the difference will be donated to Monash University’s Institute for Safety, Compensation and Recovery Research.