SafeWork SA last month accepted an Enforceable Undertaking from MSP Group, trading as Hallett Concrete Pty Ltd, following the incident on 29 April 2022

The incident occurred at the company’s Elizabeth site while a worker was helping a co-worker move concrete blocks using a front-end loader with a bucket attachment and a lifting chain attached.

The worker’s fingers were pinched in the lifting chain, resulting in a crush injury that led to the amputation of the tips of his right middle and index fingers.

SafeWork SA was notified and issued an enforcement notice prohibiting the activity of loaders lifting or suspending any loads using an unapproved lifting point or device.

A further notice was issued for not providing the worker with adequate information, training and instruction required to perform the task safely.

An investigation was conducted by SafeWork SA where it was alleged that Hallett Concrete committed a Category 2 offence under the Work Health and Safety Act 2012 (SA).

It was alleged the company failed to provide and maintain, so far as was reasonably practicable, a safe system of work because it failed to ensure measures were in place to eliminate and/or minimise the identified risk.

Hallett Concrete applied to the Regulator to consider their application for an Enforceable Undertaking(external site).

Hallett Concrete understands the characterisation of an allegation that could be made with respect to the incident. The EU was accepted by the Regulator in October 2024.

An EU is a written, legally binding commitment to implement effective work health and safety initiatives. These initiatives are designed to deliver tangible benefits for workers, industry, and the community as a whole and to resolve the issue that led to the EU.

Prior to entering into the EU, Hallett Concrete made $428,000 in reparations as a result of the alleged contravention and the enforcement notices issued.

This included the purchase of a new loader with a suitable lifting attachment at a total cost of $388,000.

The EU includes benefits to workers of $245,000, benefits to industry of $36,000 and benefits to the community of $175,000.

The activities include:

• Training for senior, middle and frontline leaders in behavioural based health and safety leadership
• A motivational speaker to address 200 staff to instil a culture of proactive safety actions
• Reviewing and updating risk management standards
• Construction of a $100,000 fitness, health and wellbeing hub at the company’s Dry Creek facility for staff use free of charge
• Delivering a presentation about the incident for discussion at the next state meeting of the Cement, Concrete and Aggregates Association (SA).
• Developing a Hand Safety Awareness training package to address the hand injury risks associated with life at work, home and in the garden
• Donating $5000 to various men’s sheds in the community to purchase safety equipment and training.

In its statement, the company said it ‘sincerely regrets that the alleged contravention occurred and the impact that this event has had on the injured worker and his family’.

‘This undertaking is a more appropriate response to the alleged contravention than a court-imposed sanction because it presents an opportunity for Hallett Group to make a significant investment in improving its systems of work for the benefit of its employees, as well as effecting change in the greater industry and community.’

Prosecution is still an option in circumstances where a business does not fulfil the requirements of an EU.

Quotes attributable to SafeWork SA Executive Director Glenn Farrell

This Enforceable Undertaking will have a direct impact toward improving worker safety through targeted education to workers and the industry and will also deliver benefits to the community.

An EU is the preferred enforcement option in this case due to the opportunity to provide organisational change that goes beyond compliance for the company involved.

The construction of a health and wellbeing hub at Dry Creek is just one of the health and safety improvements that will deliver benefits to workers, that would not have been achieved through prosecution.