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Notice of Acceptance of an Enforceable Undertaking under Part 11 of the Work Health and Safety Act 2011

Date listed: 9/8/2019

Notice of Acceptance of an Enforceable Undertaking under Part 11 of the Work Health and Safety Act 2011

On 23 January 2016, a contract fitter received crush injuries to both lower legs and feet after a 1.3 tonne bearing housing fell, pinning him to the ground, while working on the Cement Mill No 3gearbox drive system at Boral Cement Limited Maldon Cement Works. The bearing housing fell while the worker and two other contract fitters were in the process of removing the bottom split bearing backing plate in order to apply sealant and Loctite to theplate and the bolts securing it to the housing.

SafeWork NSW investigated the incident and subsequently alleged that Boral Cement Limited contravened section 19(1) and 32 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 Boral Cement Limited, ACN 008 528 523 as finalisation of the abovementioned alleged contravention.

The undertaking requires the following actions:

  • Implementing a revised safe systems of work, "Leading Safe Work" and Management of Change program.
  • Implementing in-situ advertising to raise industry awareness on respirable crystalline silica.
  • Funding a 12 month Community Placement role within Boral Cement. The full undertaking and general

information about enforceable undertakings is available at www.safework.nsw.gov.au.

North Sydney 2060