ENFORCEABLE UNDERTAKING · 2019-07-03 · undertaking. l. A statement of regret that the incident occurred (i.e. not an admission of guilt) Lindsay Australia deeply regrets that the

Version 10 / 2018 Page 1 of 21

ENFORCEABLE UNDERTAKING

Part 11

Work Health and Safety Act 2011

The commitments in this enforceable undertaking

are offered to SafeWork NSW

by

Lindsay Australia Limited

(ACN 061 642 733)

Privacy statement

SafeWork NSW respects your privacy and is committed to protecting personal information. The information provided on this document is for the purpose of making an undertaking to SafeWork NSW given for the purposes of part 11 of the WHS Act. This information will

be managed within the requirements of the current state government privacy regime. SafeWork NSW may publish the undertaking and the information contained in it for purposes identified in the undertaking or for other

appropriate legal purposes in various publications such as newspapers and on its website. SafeWork NSW may be required to disclose personal information to other regulatory agencies in accordance with other law enforcement activities which may be conducted as part of an investigation. Further information on our privacy policy is available at www.SafeWork.nsw.gov.au

http://www.safework.nsw.gov.au/


Enforceable Undertaking

Purpose

The purpose of this enforceable undertaking is to document the undertakings offered to SafeWork NSW pursuant to Part 11 of the Work Health and Safety Act 2011 (WHS Act) in connection with matters relating to alleged contraventions of the WHS Act or the Work Health and Safety Regulations 2011 (the Regulations).

Section 1 – General information

a. Details of the person proposing the undertaking

Registered Address: 152 Postle Street, Acacia Ridge, QLD 4110 Postal address: 152 Postle Street, Acacia Ridge, QLD 4110

Telephone contact: Broderick Jones

Email address: [email protected]

Legal structure: Australian Public Company Limited by Shares

Type of business: Transport, logistics and rural supply. Commencement date Originally formed in 2002 of the entity: Number of workers: Full-time: 1363 Part-time: 22 Casual: 368 Products and/or services: Transport, logistics and rural supply business operating

in New South Wales, Queensland, Victoria, South Australia and Western Australia.

Comments: Lindsay Australia Limited is the ultimate holding

company of the broader Lindsay group with its head office located in Brisbane. Lindsay Australia Limited was listed on the ASX in 2002. The Lindsay group is comprised of 12 related companies divided into transport operations, rural operations and fresh food logistics. Lindsay Australia operates a fleet of more than 300 trucks out of 33 stores and depots. The Lindsay Australia business employees around 314 employees in New South Wales.

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b. Details of the alleged contravention

It is alleged by SafeWork NSW that on 10 October 2015, Lindsay Australia Limited and/or 3 related entities (“Lindsay Australia”) failed to discharge its obligations as a person conducting a business or undertaking under section 19 and section 32 of the WHS Act in that it did not ensure so far as reasonably practicable the health and safety of workers.

In the alternative, it is alleged by SafeWork NSW that on 10 October 2015, Lindsay Australia failed to discharge its obligations as a person conducting a business or undertaking under section 19 and section 33 of the WHS Act in that it did not ensure so far as reasonably practicable the health and safety of workers.

c. Details of the events surrounding the alleged contravention The worker was performing a task which involved the coupling and uncoupling of A and B Double trailers using a tug truck at a depot in Western Sydney. During the procedure, the tug truck and trailer combination moved and the worker was struck and crushed by the wheels of the B trailer.

d. An acknowledgement that SafeWork NSW alleged a contravention has occurred It is acknowledged that SafeWork NSW has alleged that Lindsay Australia has contravened sections 19, 32 and/or 33 of the WHS Act.

e. The details of any injury that arose from the alleged contravention

The worker suffered fatal injuries.

f. The details of any enforcement notices issued that relate to the alleged contravention Were enforcement notices received?

Yes ☒ Please provide details in the table below.

Date issued Notice type Notice number

Contravention Action taken in response to notice

12/10/2015 Improvement Notice (issued to Lindsay Transport Ltd)

7-282702 WHS Act 2011 section 19 and WHS Regulation 2011, clause 35

To comply with the Improvement Notice the business designed and installed a alarm in the tug truck which sounds if the driver exits the vehicle without applying the maxi brake. The business also implemented a new dock control procedure and conducted tool box talks in relation to the procedure.

g. A statement of assurance about future work health and safety behaviour Lindsay Australia is committed to complying with its obligations under the WHS Act and ensuring, so far as reasonably practicable the health and safety of all workers and those who may be affected by its business or undertakings.


h. The details of the type of workers compensation provided (if the injured person(s) is a worker

of the person) The worker was an employee within the Lindsay Australia group of companies.

i. The details of the support provided, and proposed to be provided, to the injured person(s) to overcome the injury/illness

Yes ☒

The following support has been provided to the worker’s family:

Description of support

Lindsay Australia deeply regrets that the incident on 10 October 2015 occurred. The incident has had a profound effect on workers at the depot and across the business. The CEO met with the worker’s family and did all they could to support the family under tragic circumstances.

j. The details of any existing work health and safety management system (WHSMS) at the

workplace including the level of auditing currently undertaken Lindsay Australia has an existing WHSMS compliant with AS/NZS 4801:2001. Third party auditing of the workplace against AS/NZS 4801:2001 is conducted as required to maintain accreditation. The AS/NZS 4801:2001 accreditation was obtained on 6 June 2018.

k. The details of any consultation undertaken within the workplace regarding the proposal of an enforceable undertaking The decision to pursue an enforceable undertaking was taken by Lindsay Australia’s Chief Executive Officer in conjunction with the Board of Lindsay Australia. Senior business and HR managers have been involved in the initial consultation process. The respective stakeholders fully understand that the enforceable undertaking proposal is an alternative to prosecution, and, if accepted, is a legally binding agreement between Lindsay Australia and SafeWork NSW which requires the company to implement projects and strategies which will benefit its workplaces, the community and the industry. The business’ stakeholders including the relevant safety committees are supportive and committed to the enforceable undertaking proposal. Further consultation will occur across the business if the proposal is accepted. Consultation and feedback with the business’ stakeholders will be ongoing during the term of the enforceable undertaking.

l. A statement of regret that the incident occurred (i.e. not an admission of guilt) Lindsay Australia deeply regrets that the incident on 10 October 2015 occurred. The fact that a worker attended work and did not return home has had a profound effect on workers at the depot and across the business. Lindsay Australia is committed to ensuring that this type of accident does not occur again.


m. Any rectifications made as a result of the alleged contravention

Description $ Amount

The tug truck was removed from the premises and checked for faults. None were found and the tug was returned into service.

Lindsay Australia engaged external safety consultants to review processes at the site and to evaluate and implement suitable rectification measures. As part of this review, the testing of alternative safety measures (such as wheel chocks) was undertaken. The company’s safety documents were reviewed and amended where appropriate. Lindsay Australia in conjunction with external consultants designed, tested and installed a maxi brake alarm system in the tug truck and a new tug truck which was purchased in early 2016. The business designed, tested and installed a seat activated maxi brake alarm system in the tug truck at the depot. Lindsay Australia in conjunction with external consultants designed, tested and installed a seat activated maxi brake alarm system in the tug truck at the depot.

$19,000

Lindsay Australia undertook an inspection of all tug trucks at its depots. As a consequence of that review, seat activated alarms were installed in 12 tug trucks.

$5,000

Lindsay Australia re-inducted and retrained all drivers of depot tug trucks. This training was undertaken by the business’s depot managers in conjunction with the Safety People and Culture leadership group.

N/A

TOTAL $24,000

n. A commitment that the behaviour that led to the alleged contravention has ceased and will not

reoccur Lindsay Australia commits that the behaviour that lead to the alleged contravention has ceased and that it will take all reasonably practicable steps to prevent recurrence of this type of incident.

o. A commitment to the ongoing effective management of work health and safety risks Lindsay Australia commits that it will exercise its best endeavours to the ongoing effective management of work health and safety risks.

p. A statement of ability to comply with the terms of the enforceable undertaking Lindsay Australia acknowledges that it has the financial ability to comply with the terms of this enforceable undertaking and has provided evidence with this enforceable undertaking to support this declaration.

q. The person is required to provide information regarding any prior work health and safety convictions SafeWork NSW requests a list outlining details of any prior work health and safety convictions or findings of guilt under work health and safety legislation2 or work health and safety related legislation.

No ☒ Lindsay Australia has had no prior work health and safety convictions.

2. Subject to any local legal constraints such as spent conviction legislation.


r. Statement regarding relationships with beneficiaries

☒ Lindsay Australia acknowledges there are no known current relationships with any of the

beneficiaries outlined in the enforceable undertaking, other than the current employees of Lindsay Australia.

s. Intellectual property licence Lindsay Australia grants SafeWork NSW a permanent, irrevocable, royalty-free, worldwide, non-exclusive license to use, reproduce, distribute, electronically transmit, electronically distribute, adapt, and modify any materials developed as a result of this enforceable undertaking.

t. A commitment to participate constructively in all compliance monitoring activities of the undertaking Lindsay Australia acknowledges that the responsibility for demonstrating compliance with this undertaking rests with the person who has given this undertaking. Evidence to demonstrate compliance with the terms will be provided to SafeWork NSW by the due date for the term. Lindsay Australia acknowledges that SafeWork NSW may undertake other compliance monitoring activities to verify the evidence that is provided and compliance with the relevant term. The evidence provided to demonstrate compliance with the undertaking will be retained by the person who has given this undertaking until advised by SafeWork NSW that the undertaking has been completely discharged. Lindsay Australia acknowledges that SafeWork NSW may initiate additional compliance monitoring activities, such as inspections, as considered necessary at SafeWork NSW’s expense.

u. Acknowledgement of enforceable undertakings guidelines Lindsay Australia has read and understood SafeWork NSW Enforceable Undertakings Guidelines and Enforceable Undertakings Customer Service Standard.

Section 2 – Enforceable Terms

a. An acknowledgement that the enforceable undertaking will be published and publicised Lindsay Australia acknowledges that the enforceable undertaking will be published on SafeWork NSW’s internet site and may be referenced in SafeWork NSW’s publications. Lindsay Australia will, within thirty (30) days of the date of acceptance of this enforceable undertaking, cause a public notice to be published in the Sydney Morning Herald, which will be drafted using the script provided in Annexure 1.

b. A commitment regarding linking the strategy and promotion of benefits to the enforceable undertaking Lindsay Australia is committed to ensuring that any promotion of a benefit arising from this enforceable undertaking will clearly link the benefit to the undertaking and that the undertaking was entered into as a result of the alleged contravention.


c. A commitment to disseminate information about the undertaking to workers, and other relevant

parties (which may include work health and safety representatives), and in the annual report (if applicable) Lindsay Australia agrees to disseminate information about the enforceable undertaking within the workplace, including to the members of any health and safety committee, health and safety representatives and all subcontractors working for Lindsay Australia. This information will be disseminated through the Safety People and Culture HR and WH&S function and the depot management teams and will be completed within 30 days from the date of acceptance of the enforceable undertaking. Lindsay Australia commits that it will publish details of the enforceable undertaking in the first annual report due after the date the undertaking is accepted. Lindsay Australia’s annual report is usually published in September each year.

d. Strategies that will deliver workplace benefits 1. Installation of Guardian – ‘Seeing Eye Machines’ in Prime Movers and trialling the

installation in Depot Tug Trucks Scope: In anticipation of the acceptance of the enforceable undertaking Lindsay Australia has fast tracked the trial of Guardian Seeing Machines (“GSM technology”) in linehaul trucks in New South Wales and Queensland (“Trial”). The GSM technology is not currently available ex-factory and must be retrofitted. The GSM technology is a real-time fatigue and distraction monitoring safety system for drivers. It comprises of an inward facing infrared camera, audible alarm, seat vibration unit, GPS receiver and forward facing dash cam. The system uses algorithms to detect driver fatigue and distraction events by tracking eye and head movements. System captured alerts generate an event that is sent along with the video footage to a remote monitoring centre for assessment and classification, and sets off the audible alarm in the cabin and the seat vibration motor that alerts the driver of the fatigue or distraction event. Target issue: Combating driver fatigue in the road transport industry. Truck driving is one of the most dangerous jobs in Australia. A 12 year study by Monash University concluded that truck drivers have a 13 times greater risk of dying at work than other Australian employees. 1Fatigue is a major killer on the roads, with one-in-six fatal accidents involving a drowsy driver. The problem is particularly acute in the trucking industry, where drivers travel long distances for long periods. The irregular nature and the length of the hours of work means that driver fatigue is a significant contributor to risk of serious injury or harm to drivers and other road users. The purpose of the technology is to save and protect lives. American data experience with the GSM technology which found that in a 12 month period, the GSM technology travelled 300 million kilometres and woke drivers from micro sleep events in moving vehicles 453,228 times without a single fatigue related incident.2

1 Reported in the Sydney Morning Herald 21 August 2018. 2 Reported in Australia Unlimited 2 February 2017 - Author: C Niesche.


Tangible outputs / deliverables: As a consequence of the Trial metrics, Lindsay Australia determined that the GSM technology is a critical and essential safety tool and that any delay in implementing the technology occasioned by the acceptance or otherwise of the enforceable undertaking would create an unacceptable safety risk. Accordingly, Lindsay Australia has decided to install the GSM technology in its Linehaul fleet both in New South Wales and interstate. It is intended that the roll out of the technology in the current fleet of 300 trucks will be completed during the term of the enforceable undertaking. It is intended that the technology will be installed in all prime movers purchased by Lindsay Australia after the expiry of the enforceable undertaking A = Date of acceptance of the undertaking

Activity Commencement Completion

Stage 1: Consultation with driver committees and stakeholders. Driver training and consultation.

Completed

Stage 2: Installation of units in trial prime movers and tug truck.

Completed

Stage 3: Trial and evaluation period. Completed

Stage 4: Decision whether to implement fleet. Completed

Stage 5: Progressive implementation of prime movers operating linehaul fleet

Underway A + 24 months

Stage 6. Conduct an evaluation of this strategy and provide evaluation report to SafeWork NSW.

A + 24 months A + 25 months.

Audience / beneficiaries: Lindsay Australia truck drivers in both NSW and across Australia. Approximately 60% of the Lindsay Australia linehaul fleet of 300 trucks (which includes prime movers and long distance pickup and delivery trucks) are based or operated through New South Wales. Delivery method: The installation of the GSM technology will be implemented by management in conjunction with the Lindsay Australia driver technology group and the manufacturer of the technology. If the enforceable undertaking is accepted, evidence of the full implementation of the strategy will be provided to SafeWork NSW. Timeframes: The Trial commenced in June 2018 and ran for a period of approximately 2 months. The Trial was implemented in conjunction with key stakeholders including driver committees, management and involved consultation with family members (who broadly supported the safety initiative). It was essential that drivers recognise that the system is a safety system and not a surveillance system. The Trial identified issues with using the GSM technology in tug trucks because of the different nature of the driving duties and work performed. Preliminary findings are that the technology is less effective in identifying fatigue and/or distraction events if the driver’s eyes are regularly out of line of sight of the detection sensor. This occurs often with tug truck driving as the work involves reversing, looking into mirrors and looking backwards. As such, the system recorded a number of “false positives” during the tug truck Trial. These are events which appear to be irregular but are


actually normal driving behaviours for the work being performed. The Trial is continuing in relation to the tug trucks. Since the Trial commenced, an updated version of the GSM technology has been made available by the manufacturer using 4G. The 4G technology will be installed across the fleet.

Work health and safety outcome: The implementation of the GSM technology will have a direct (and indirect) impact on driver safety. The technology is designed to reduce the risk of truck driver fatigue and identify drivers who are drowsy, inattentive or having a micro sleep event whether on the open road or in a depot. The technology will alert drivers and management of actual fatigue events and escalate alerts. The alerts will notify drivers to take remedial action which may include a range of options such as taking a rest break, ceasing driving immediately and/or permanently. The technology will deliver long term, tangible work health and safety outcomes and public safety outcomes.

Cost Breakdown:


Initial Trial $12,100

Installation and external monitoring over 3 years in NSW operating linehaul fleet (180)

$853,908

(Estimated minimum) internal “ongoing costs” of managing, monitoring, IT, response, compliance and administration of GSM over 3 years.

$150,000

Total estimated cost: $1,016,008

2. Work Health & Safety Leadership Training Program

Scope: To implement a Safety Culture Leadership program which will be delivered to selected executives, senior group managers, depot and operations managers across the business at each depot site. Target issue: Lindsay Australia recognises that there is an ongoing need to ensure that supervisors and managers can effectively manage, lead and respond to work health and safety issues at New South Wales worksites and across the business. Behavioural change requires behavioural modification. The program will focus on delivering WH&S leadership and chain of responsibility initiatives and also in achieving behavioural change in managers and supervisors to instil a positive and progressive safety culture across the business.

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Tangible outputs / deliverables:


Stage 1: Confirm training program content with external consultants.

A + 1 month A + 3 months

Stage 2: Implementation and delivery of training program.

A + 3 months A + 15 months

Stage 3: Conduct an evaluation of the training program and provide an evaluation report to SafeWork NSW.

A + 15 months

A + 17 months

Audience / beneficiaries: Lindsay Australia executive employees and, managers and site supervisors. Delivery method: The strategy will be delivered by external work health and safety consultants. Time frames: The program will be developed and implemented by external safety consultants and will be implemented at 5 sites including the company’s Brisbane head office. The program will run for 12 months from the implementation date. Work health and safety outcome: The aim of the program is to enable the senior leaders, managers and supervisors to proactively communicate and respond to work health and safety matters to enhance accident prevention in the workplace. The program will enhance leadership capability but also practical and theoretical work health and safety learnings. The program will better enable management and supervisors to understand, manage, participate and lead work health and safety initiatives across the business. The program will equip managers and supervisors with the tools to communicate, consult and generate the collective ownership work health and safety responsibilities. The core elements of the program will be establishing KPIs, customising training objectives, delivery of training and evaluation of the program. Cost Breakdown:


Stage 1: Confirm training program content with external consultants

$5,250

Stage 2: Implementation and delivery of training program $36,250

Stage 3: Evaluation of training program and reporting to SafeWork NSW

$8,500

Total estimated cost: $50,000

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3. Safety Audit Tug Truck Operations at Sydney Depot

Scope: Lindsay Australia will engage external safety experts/consultants to perform a tug truck safety audit at its Sydney depot to assess compliance with the company’s safety system, AS 4801:2001 and the applicable industry codes and/or standards that apply in respect of tug truck operation. Lindsay Australia agrees to provide copies of the tug truck audit reports to SafeWork and commits to actioning the recommendations of the audits as applicable. Target issue: Lindsay Australia has attained the Australian Safety Accreditation 4801:2001 across the business. In order to add additional controls to eliminate or minimise the risk of injury from performing tug truck duties at the Sydney depot. Tangible outputs / deliverables:


Stage 1: Engage external safety consultants to perform a tug truck safety audit at the Depot. Prepare an audit report.


Stage 2: Review of audit report. Implementation of any recommendations. Provide copy of audit report to SafeWork.

A + 6 months

A + 12 months

Stage 3: Provision of further audit report. Implementation of any recommendations. Provide copy of audit report to SafeWork.


Delivery method: The strategy will be delivered by external safety experts/consultants. The audit will apply during the term of the enforceable undertaking. It is intended that a minimum of 2 tug truck audits will be undertaken at the Sydney depot. Work health and safety outcome: The purpose of the audit is to promote and monitor site safety and to build on existing risk control measures specific to tug truck duties including the task of coupling and uncoupling B double and single trailers.


Cost Breakdown:


Fixed costs over the term of the enforceable undertaking.

Confirmation of the audit costs will be provided to SafeWork during the term of the undertaking.

$20,000


e. Strategies that will deliver industry benefits

4. Development and Implementation of Augmented Reality Technology Training Tool in

conjunction with SafeWork NSW and an Industry Advisory Group. Scope:

The strategy aims to create and implement engaging educational tools that are designed to increase safety awareness across the at risk work groups in the transport section using Augmented Reality (“AR”) technology. It is proposed to develop realistic scenario based storyboard activities that provide workers with an engaging sensory experience that visually identifies and showcases the consequences of unsafe behaviours as well as promoting safe behaviours relevant to a scenario. The AR platform has significant advantages over other platforms as it has an increased capacity to reach a wider target audience through the use of cloud based technology, making it accessible via smartphone, laptop or desktop. An essential element of the strategy is the coordination and management of an industry advisory group convened for the purpose of providing industry specific input into the technical aspects of each storyboard scenario. The development of the scenarios will be led and project managed by Lindsay Australia in conjunction with the advisory group and SafeWork NSW. The learning scenarios will be promoted by SafeWork and the transport industry in New South Wales (and Australia) and will be used for worker induction, on-boarding, re-training and the like. Target issue: There are approximately 158,000 workers in the NSW road freight industry, 41 per cent of whom are employed in the road transport sector. The transport industry is a focus area of the Australian Work Health and Safety Strategy 2012-2022 due to the high rates of fatality and serious injury. SafeWork NSW with industry have developed the Transport Work Health and Safety Sector Plan 2022 (“Sector Plan”).i3 The Sector Plan was launched in September 2018. The following high-risk areas were identified in the sector Plan: • at risk workers • musculoskeletal disorders • working at heights • mental and physical health

3 Source – SafeWork NSW Transport Sector Plan


• traffic management • ancillary (non driving) tasks.

The strategy aims to utilise and build on the AR technology to promote safety in targeted transport activities. It will involve the development of a suite of transport specific scenarios focussing on, vehicle and trailer immobilisation, promoting the use of maxi-brakes to prevent roll away events and encouraging the use of safe parking areas by truck drivers. Tangible outputs / deliverables: The strategy aims to provide the broader transport industry stakeholders with an effective interactive training tool to promote safety awareness in respect of some of the high risk work practices identified in the Sector Report. Audience / Beneficiaries: The target audience of the strategy is employees working in the transport industry in New South Wales and across Australia. It is proposed that the AR scenarios will have industry wide implementation. Delivery method: The anticipated elements of the project involve: 1. Development of a detailed project plan. 2. Engaging an external/internal project manager. 3. Engaging an external AR technology provider. 4. Consultation with the industry advisory group. 5. Testing and trialling of the education products. 6. Reporting to SafeWork. 7. Implementation and promotion. AR technology is a method of connecting real world objects to technology scenes, through the utilisation of cloud based technology accessible via smartphone, laptop or desktop. This technology is currently being used successfully in Coal Services (Mines Rescue). A version of AR, Spatial Augmented Reality, supports both a graphical visualisation and a vibrating sensation for the end users. Customers are able to touch physical objects in the process that also provides vibrating sensations. The strategy will involve the development of a suite of transport specific scenarios in consultation with SafeWork NSW, focussing on high risk work practices within the transport industry including, but not limited to, vehicle and trailer immobilisation, promoting the use of maxi-brakes to prevent roll away events and encouraging the use of safe parking areas by truck drivers. Tangible outputs / deliverables: The anticipated elements of the project involve:

Description Commencement Completion

Development of a detailed project plan.


Engaging an external/internal project manager A + 3 months A + 5 months


Engaging an external AR technology provider A + 3 months A + 5 months

Consultation with the industry advisory group and SafeWork NSW to develop appropriate messaging/scenarios


Production of project materials. Testing and trialling of the project materials


Implementation of project and promotion


Conduct an evaluation of the program and provide an evaluation report to SafeWork NSW


The strategy aims to provide the broader transport industry stakeholders with an effective interactive training tool to promote safety awareness in respect of some of the high risk work practices identified in the Transport Sector Plan. Audience / Beneficiaries: The target audience of the strategy is employees working in the transport industry in NSW and across Australia. It is proposed that the AR scenarios will have industry wide implementation. Delivery method: It is intended that SafeWork will utilise and promote the AR technology to the relevant industry stakeholders in NSW. Similarly, Lindsay Australia will promote the use of the technology to the transport industry across Australia through industry associations and ‘roadshow’ promotions. The safety scenarios will be promoted as a safety awareness tool by industry and will specifically, be used by Lindsay Australia in its induction, competency and training and imbedded into the existing safety system. It is proposed to develop and deliver as many scenarios as can be funded within the designated budget for the production of the strategy which is $250,000. Timeframes: The completion of the development and implementation of the AR technology will be effected within 24 months from the date of the acceptance of the enforceable undertaking. Cost Breakdown:


Fixed costs of the strategy including engaging external AR agency, engaging project manager, purchasing AR software and promotion to industry.

$250,000

Internal costs of post production resourcing and promotion of the strategy to industry.

$50,000


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Work health and safety outcome: The AR technology will provide a relevant and engaging sensory training experience for workers in the transport sector who perform some of the high risk duties identified in the Transport Sector Plan. Specifically, the strategy will be targeted at preventing roll away incidents, falling from trucks and promoting the safe coupling and uncoupling of trailers.

f. Strategies that will deliver community benefits 5. Radio Media Campaign – Promoting the need to apply Maxi Brakes and Road Safety

Scope: The strategy aims to increase industry awareness of the importance of truck drivers applying maxi brakes when exiting vehicles and using safe parking areas when taking rest breaks on public roads.

Target issue: Roll away events involving trucks are caused by the failure of the driver to apply the maxi brake when exiting the truck either in depots or on the roadside. Roll away events can cause fatalities. The strategy aims to raise driver awareness to develop an improved safety culture across the trucking industry. Driver fatigue and reduced concentration likely contribute to the cause of a truck roll away. The media campaign will be predominantly targeted at long haul truck drivers performing work late at night and in the early morning in NSW and interstate. Tangible outputs / deliverables: The media campaign has two components. The first part is to promote awareness in the trucking industry and specifically long haul truck drivers, of the importance of applying maxi brakes when exiting the vehicle. The second component is to promote the industry awareness of safe parking areas for truck drivers and the requirement to use them. SafeWork New South Wales has identified that the maxi brake and road side parking issues raised significant industry and public safety concerns and the strategy seeks to raise awareness thorough a radio media campaign which is targeted specifically at truck drivers, and in particular, long haul drivers. Timeframes:


Engagement and consultation with relevant radio network to develop advertising materials


Prepare draft radio scripts for review and approval by SafeWork

A + 3 Months A + 6 months

Commence media advertising program. A + 8 months A + 11 months

Conduct an evaluation of the advertising campaign and provide an evaluation report to SafeWork.



Audience / Beneficiaries: The target audience of the strategy is all truck drivers driving on roads in New South Wales and interstate who listen to Macquarie Radio, primarily 2GB in greater Sydney and its associated network. Delivery method: The strategy will be delivered across the Macquarie Radio network at targeted times of the day, night and early morning. It is intended that the media campaign will be comprised of 5 separate advertisements for each safety topic (between 15 and 30 seconds in length) which will be aired over a period of 3 months. Lindsay Australia will consult with SafeWork to ensure that the messages align with SafeWork’s priorities. SafeWork will be provided with a copy of the draft content for review and approval before commencing the media campaign.

Work health and safety outcome: The strategy aims to promote work and safety outcomes for both the trucking industry and also the public. The strategy will target identified and serious road safety issues. Cost Breakdown:


Engage media agency to prepare and implement radio campaign strategy over 3 months.

$50,000

Estimated internal labour costs of resourcing and managing the strategy.

$10,000


6. Trailer Advertising Campaign – Promoting the use of seat belts by truck drivers and

avoiding mobile phone use while driving Scope: The strategy aims to increase industry awareness of the importance of truck drivers using seat belts and also avoiding using mobile phones whilst driving. The strategy will include the dissemination and distribution of highly visible road transport safety messages on a transportable platform across New South Wales and interstate by applying signage to 3 B Double trailers operating out of Coffs Harbour. Target issue: There is anecdotal evidence that up to 50% of heavy vehicle fatalities could have been avoided if truck drivers wore seat belts. Equally there is anecdotal evidence that driver distraction caused by the use of mobile phones is also a major contributor to accidents involving truck drivers. The media campaign aims to reinforce the need to use seat belts and to avoid distractions through mobile phone use.

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The strategy aims to raise driver awareness so as to develop an improved safety culture across the trucking industry (and also the broader public road users). Tangible outputs / deliverables:


Engagement and consultation with supplier or manufacturer to produce advertise materials


Prepare draft advertising materials for review and approval by SafeWork

A + 3 Months A + 4 months

Manufacturing and installation of advertising materials A + 4 months A + 12 months

Commence advertising program. A + 12 months A + 20 months

Conduct evaluation of advertising campaign and provide an evaluation report to SafeWork.


Audience / beneficiaries: The target audience of the strategy is the trucking industry both in New South Wales and interstate. It is anticipated that the safety strategy will have a spill over effect to the general public driving on roads. Delivery method: The strategy will be delivered by displaying the safety messages to the canvas sides of A and B Double trailers and also the back doors of the trailers as applicable. Lindsay Australia will consult with SafeWork to ensure that the messages align with SafeWork’s priorities. SafeWork will be provided with a copy of the draft content for review and approval before commissioning the strategy. Timeframes: The advertising on the trailers will remain in place after the expiry of the enforceable undertaking (subject to damage or wear and tear).


The proposed messages will be similar to the following:

Work health and safety outcome: The strategy is a pragmatic measure which aims to raise awareness of the importance wearing seat belts and avoiding using mobile phones whilst driving. The strategy will promote specific safe driving initiatives in the transport industry and amongst the general public.


Cost Breakdown:


$15,000 x 3 per trailer combination.

$45,000

Internal costs resourcing and promotion of the strategy to industry.

$5,000


TOTAL ESTIMATED VALUE OF THE UNDERTAKING $1,496,008

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Section 3 – Offer of undertaking

As a duly authorised person of Lindsay Australia Limited and its related companies, I offer this undertaking and commit to the terms herein.

Signed: ……………………………………………

Name: Michael Lindsay

Position: Director

Dated at Acacia Ridge this 5th day

of May, 2019

Section 4 – SafeWork NSW’s acceptance of undertaking The duration of an enforceable undertaking is determined by the content of the agreed terms. An enforceable undertaking commences and is enforceable once accepted by SafeWork NSW. The enforceable undertaking will be concluded on written advice from SafeWork NSW when all requirements of the undertaking have been satisfactorily executed. I accept this undertaking as an enforceable undertaking under section 216 of the WHS Act.

Signed: Name: Anthony Williams Position: Executive Director, Operations, SafeWork NSW Dated at Gosford this 27th day of May 2019

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Annexure 1 – Public Notice of SafeWork NSW’s acceptance of undertaking Notice of Acceptance of an Enforceable Undertaking under Part 11 of the Work Health and Safety Act 2011. On 10 October 2015, a worker employed in the Lindsay Australia Limited business was fatally injured while performing coupling/uncoupling work on B Double trailer at the company’s Arndell Park Depot in Sydney. SafeWork NSW investigated the incident and subsequently alleged that Lindsay Australia Limited contravened sections 19, 32 and 33 of the Work Health and Safety Act 2011. This notice has been placed under the terms of an enforceable undertaking and acknowledges acceptance of an undertaking, that is enforceable under the Act, from Lindsay Australia Limited as finalisation of the abovementioned alleged contravention. The undertaking requires the following actions:

• Installation of Guardian – ‘Seeing Eye Machines’ in prime movers and trialling the installation in depot tug trucks

• Implementing a work health & safety leadership training program,

• Engaging external providers to undertake a safety audit of tug truck operations at the Sydney depot,

• Development and implementation of Augmented Reality Technology Training Tool in conjunction with SafeWork NSW and an Industry Advisory Group,

• Commissioning a radio media campaign targeted at truck drivers promoting safety awareness messages for maxi brake use and road safety,

• Commissioning B Double trailer advertising campaign promoting safety awareness messages for road users.

The full undertaking and general information 4about enforceable undertakings is available at www.safework.nsw.gov.au.

http://www.safework.nsw.gov.au/

Documents

ENFORCEABLE UNDERTAKING · 2019-07-03 · undertaking. l. A statement of regret that the incident occurred (i.e. not an admission of guilt) Lindsay Australia deeply regrets that the