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Work Health and Safety Undertaking Proposal template Undertaking to the Deputy Director-General, Office of Fair and Safe Work Queensland given for the purposes of part 11 of the Work Health and Safety Act 2011. by Queensland Steel Products Pty Ltd ABN 73 129 499 798 PRIVACY STATEMENT: The Departm<:nt of Ju stice and Attorney-General respects your privacy and is committed to protecting personal information. The information provided on this document is for the purpose of making an und ert aking to the regu lator, Office of Fair and Safe Work Queensland given for the purposes of part 11 of the Work Health and Safery Act 20 I I. This information will be managed within the requirements of the current state government privacy reg ime. The department may publ ish the undertaking nnd the in fo rmation eontaincd in it for purposes identified in the undertaking or for other appropriate legal purposes in \ftrious publications such us newspupers and on its website. The department may be required to discl os e personal infonnat ion to other regulatory agenci es such as the Queensland Police Service, WorkCover and other agencies in accordance with other l aw enforcement activities which may be conducted as pmt of an investigation. Further infonnation on our privacy policy is available at www.justice.q ld.gov.au.

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Page 1: Work Health and Safety Undertaking

Work Health and Safety Undertaking

Proposal template

Undertaking to the Deputy Director-General, Office of Fair and Safe Work Queensland given for the purposes of part 11 of the Work Health and Safety Act 2011.

by

Queensland Steel Products Pty Ltd

ABN 73 129 499 798

PRIVACY STATEMENT: The Departm<:nt of Justice and Attorney-General 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 the regulator, Office of Fair and Safe Work Queensland given for the purposes of part 11 of the Work Health and Safery Act 20 I I. This information will be managed within the requirements of the current state government privacy regime.

The department may publ ish the undertaking nnd the information eontaincd in it for purposes identified in the undertaking or for other appropriate legal purposes in \ftrious publications such us newspupers and on its website. The department may be required to disclose personal infonnation to other regulatory agencies such as the Queensland Police Service, WorkCover and other agencies in accordance with other law enforcement activities which may be conducted as pmt of an investigation. Further infonnation on our privacy policy is available at www.justice.q ld.gov.au.

Page 2: Work Health and Safety Undertaking

Gl(a) Details of the person proposing the undertaking

Street address 9 Monier Road Parkhurst Qld 4 701

Mailing address cf- Kanji Group Pty Limited

Level 33, 88. Phillip Street SYDNEY NSW 2000

Telephone 02 9251 4244 Mobile: 0417 254 773

Email address [email protected]

Legal structure Australian Proprietary Company, limited by shares

Type of Steel Fabrication business

Commencement 01/02/2008 date

Workers

Products and services

Comments

Full time: i23 Part time:JO

Fabrication, sale and erection of steel building products and materials including steel beams.

Queensland Steel Products Pty Ltd was incorporated on 1 February 2008. It was previously known as Engineering Corporation OLD Pty Ltd and has been based in Rockhampton since 2008. The company has one director and secretary. It is a wholly owned subsidiary of Pacific Industrial Corporation S.A.

The operations side of the business is run by an experienced General Manager who has more than 28 years of experience operating businesses analogous to Queensland Steel Products. He is supported by a Workshop Manager and 3 Project Managers who have additional roles in QA, sales and drafting.

The company promotes a culture of quality assurance and safety amongst its employees and this is reflected In its daily operations and on almost every page of its website.

Gl(b) The details of the alleged contravention

Workplace Health and Safety Queensland (WHSQ) have alleged that Queensland Steel Products Pty Ltd has contravened provisions 32 and 43(2) of the Work Health and Safety Act 2011

Gl(c) Details of the eventssurrounding the-~iifeged contravention, eg, incident details

On 2811' May 2012 a qualified and certified crane operator, rigger and dagger employed by Queensland

Steel Products Pty Ltd (QSP) (the Operator), was operating a mobile gantry crane to move a 3.5 ton steel beam which had been painted. The beam was slung by another employee (the Assistant) using 2 woven fabric straps to avoid damage to the paintwork. When the crane was reversed the slings snapped causing the beam to fall to the ground. As it fell one end of the beam bounced off the ground hitting the Assistant in the temple. The Assistant was thrown a distance by the impact of the beam and sustained a fractured right temporal bone.

The Assistant remained off work until 11 July 2012 when he was certified fit to return to his normal duties on a fu ll time basis.

Gl(d} An acknowledgement that t he Regulator alleged a contravention has occurred

It is acknowledged that the regulator has alleged Queensland Steel Products Pty Ltd has contravened provisions of the Work Health and Safety Act 2011 (the Act) by failing to comply with:

(a) its duty under s.32 of the Act in exposing an individual to a risk of serious injury; and

(b) the requirements of s.43(2) of the Act by directing or allowing a worker to carry out work where the person was not authorised under a regulation.

-------- ___ .. _____ ---~---

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Page 3: Work Health and Safety Undertaking

Gl(e) The details of any injury that arose from the alleged contravention

The injuries sustained by the injured worker included a fractured right temporal bone, a laceration to the forehead and associated bru ising.

Gl(f) The details of any enforcement notices issued that relate to the alleged contravention

Notices received:

D No X Yes (provide details)

Stop the activity of operating Chamberlain mobile crane serial # 4051 until inspected by a competent person and certified sate for use.

25/05/2012 Improvement 101:!2.~5 To have the plant inspected by a competent person to ensure the crane is safe to operate .

The crane was Immediately locked out and a competent person was engaged to inspect the plant. The test certificate was issued on the 1 ih July 2012 which confirmed the crane was safe to use.

The plant was inspected by a competent person and a certificate was issued on the 1 zlh July 2012. ·

Gl(g) A statement of assurance about future work health and safety behaviour

QSP takes its OH&S obligations seriously and will use its best endeavours to ensure, at work, the health and safety of its employees, contractors and vis itors; and will not engage In the conduct which is the subject of the alleged contravention.

QSP has revised its policies and procedures regarding the operation of the mobile gantry crane and Is committed to an ongoing process of reviewing and improving all of the policies and procedures contained in its Occupational Health & Safety Management System (OHSMS). QSP has carried out re­training of its crane operators and other employees regarding the use of any cranes which it operates, particularly with regard to the use of slings, and will continue to provide such training to existing and new employees in the future .

Senior management of QSP are committed to ensuring that the OHSMS is continually revised to identify changing needs in the workplace for the safety of its employees and to comply with legislative obligations as they arise. This will be achieved by:

kC)Focusing on safety training of employees

- " Improving the safety culture within QSP including the implementation of formal and informal safety assessments of tasks

Continuous improvement of:

~Jsystems and

[!:U training' pi:.9'@' a.nJS ,__ _________ --When an alleged contravention is associated with an injury/Illness:

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

A workers compensation claim was made on 8 June 2012 and was accepted by WorkCover Queensland (the Insurer) on 12 June 2012. The injured worker was paid full compensation during the absence from work. A full clearance medical certificate was received and the claim was subsequently closed on 11 July 2012. ~------------··- ·· - ··--··--- - ----·---

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Page 4: Work Health and Safety Undertaking

Gl(i) Details of the support provided, and proposed to be provided, to the injured person(s) to overcome the injury/illness

The injured person is:

• an employee of the entity x • a self-employed person

D

• other (please specify) D

• not applicable D

Support provided to the injured person/s or injured person/s family:

QSP immediately arranged for the injured worker to be taken to hospital by ambulance and the leading han_d accompanied the injured worker in the ambulance. The General Manager and the Production Manager tried to notify the Injured worker's family of the incident as soon as possible. They also ensured that all personal belongings were safe and provided to his family at the earliest possible time.

Both Managers attended the hospital on a number of occasions to provide their support to the injured worker and the family. This Included but was not limited to regular contact with and offers of assistance to the injured worker and the family and an undertaking to meet any associated costs not paid by the Insurer.

Upon returning to work, QSP provided the injured worker with graduated suitable duties and the Production Manager accompanied the injured worker to two medical appointments to provide continued support.

GIU) if the matter involves a fatality or very serious injury 1, a claim to demonstrate that exceptional circumstances exist that the WHS undertaking is a more appropriate response than pursuing prosecution

Does the contravention involve a fatality or very serious injury?

OYes XNo

1-------·-----·. -·---------------------------------------------! Gl(k) The details of any existing occupational health and safety management systems (OHSMS)

at the workplace including the level of auditing currently undertaken

QSP had an OHSMS prepared by a professional certif ied provider, OH&S Consulting Services, in September 2008. The OHSMS was not regularly audited and did not meet all of the requirements associated with ASINZS 4801:2001 Occupational Health and Safety Management Systems ­Specification With Guidance For Use prior to the incident.

1---------------------- ----- ---- - --- ----- - - ----------< Gl(I) The details of any consultation undertaken within the workplace regarding the proposal of

a WHS Undertaking

· Consultation within the workplace has been conducted with the Director, General Manager, Site Manager, Site Health and Safety co-ordinator and employees.

Gl(m) A statement of regret that the incident occurred (i.e. not an admission of guilt)

Queensland Steel Products Pty Ltd deeply regrets the injuries sustained by our employee as a result of the incident on 28th May 2012. QSP is grateful that the injured employee has completely recovered from the i~rie~.§!_.QS!_~as chosen to return to_work with QSP continuing the valuable .

1 An injury that has caused nervous system damage liable to lead to mental incapacity or permanent restriction of mobility or involves a major amputation of a limb or parts of the body, for example, amputation above the knee o.r elbow. This term Is not defined in the Act; It ls used within this document to identify certain circumstances which will trigger additional steps In the WHS undertaking process.

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Page 5: Work Health and Safety Undertaking

contribution to the business.

QSP has implemented a review of the safety procedures Involved in the operation of all its cranes to elim inate, in so far as that is practicable, all risks which might potentially cause injury to its employees. QSP will take all practicable steps to ensure at work, the health and safety of its employees, contractors and visitors ..

Gl(n) Any rectifications made as a result of the contravention

1. Immediately following the incident the QA Project Manager employed by QSP carried out an inspection of the crane, took photographs and identified a number of matters which may require further investigation. The QA Project Manager engaged the services of a number of technical experts to inspect, service and/or repair the crane. These included:

1.1 engaging M & I Inspection Services to test the crane on 5 June 2012. A certificate of inspection was issued on 12 July 201 2 and a report submitted to WHS Queensland;

1.2 engaging Associated Diesel Mechanics to carry out a review and fu ll service of the engine and mechanical components of the crane;

1.3 engaging Pirtek to carry out a review and full service of the hydraulic hoses;

1.4 engaging Hydraulic shop to carry out a review and full service of the crane's cylinders and rams;

1.5 replacing existing slings with chain slings;

1.6 purchasing new lifting equipment such as shackles, hooks, ropes and slings;

1.7 obtaining advice from Beaurepairs regarding the need to replace a tyre on the crane

1.8 check lists were also prepared/updated for the crane:

1.8.1 An induction check list

1.8.2 A pre-start check list

2 . QSP has also arranged and paid for the following training since the Incident:

2.1 Forklift training for an additional worker bringing the total of trained forklift drivers to 5;

2.2 Competency assessment training on overhead cranes of 3 workers so they can carry out machine inductions of other workers in the future;

2.3 White card training of 8 workers for construction induction. The injured worker assisted these workers in completing part of their training on computers.

Total amount spent on rectifications $26,160 ,__ _ ____ _ _________ ••• •4 ____ ---------------------------!

Gl(o) An acknowledgement that the WHS undertaking may be published and publicised

QSP acknowledges that the undertaking may be published on the departmental internet site and referenced in departmental material.

QSP acknowledges that the undertaking may be publicised in newspapers.

1------------------· -- ---------- - - .. ·------·-·------ - -----------! Gl(p) A statement of ability to comply with the terms of the WHS undertaking

QSP has the financial ability to comply with the terms of this WHS undertaking and has provided evidence with this undertaking to support this declaration.

In the event of impending liquidation or sale of the entity, QSP will advise OFSWQ of the relevant circumstances and the ability to comply with the outstanding terms of this undertaking.

Gl(q) Statement regarding relationships with beneficiaries -· - ---- - - ---

QSP does not have a relat ionship with any of the currently named beneficiaries. QSP will reveal any relationship with a beneficiary which may arise in the future. Gl(r) Intellectual Property Licen-ce-·-- - - ---· -·-·-·-------- .. _ _ __ _

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QSP grants the Off ice of Fair and Safe Work Queensland a permanent, irrevocable, royalty-free, world-wide, non-exclusive licence to use, reproduce, publish, distribute, electronica lly transmit, electronically distribute, adapt and modify any materials developed as a result of this WHS undertaking.

Gl(s) The person may be required to provide a statutory declaration

Has OFSWQ requested a statutory declaration outlining details of any prior W HS convictions or findings of guilt under WHS legislation or WHS-related legislation?

D Yes

T he statutory declaration is attached (if applicable)

D Yes

XNo

XNo

Gl(t) Acknowledgment of WHS undertaking overview and guidelines

I have read and understood:

Enforceable undertakings-an overview version 2 dated December 2011, and

Enforceable undertakings-guide/Ines for proposing a WHS undertaking version 2 dated December 201 1.

ET( a) A commitment that the behaviour that led to the alleged contravention has ceased and will not reoccur

QSP has implemented a number of physical and procedural improvements Including:

The development of systems that preclude the behaviour from reoccurring;

The abolition of and removal from site of fabric slings;

to ensure the contributing factors that led to the alleged contravention have ceased and will not reoccur.

ET(b) A-commitment to t he on.going effective management of WHS risks

QSP has discarded all slings of the type used at the time of the Incident and replaced them with chain slings which comply with industry standards and AS/NZS4991 :2004 - Lifting equipment.

QSP is committed to improving its OHSMS and the OHS system and process (OHSS) to eliminate risk of injury to its employees and contractors.

QSP is committed to maintaining the OHSMS at its highest level meeting the principles of ASINZS 4804:2001 - Occupational Health and Safety Management Systems - General guidelines for principles, systems and supporting techniques and to ensuring it remains compliant wi th AS/NZS 4801 :2001 -0ccupational Health and Safety Management Systems - Specification with guidance for use and any other applicable legislation.

Since the incident, QSP has engaged the services of an Occupational Health and Safety Manager (OHSM) for 1.5 days per week. The OHSM will review the current OHSMS and OHSS and oversee the improvement, implementation and maintenance of the OHSMS to meet the requ irements of ASINZS 4804:2001.

Specifically, the OHSM will:

1. review, amend and update each section of the current OHSMS to ensure that the sections meet the principles of AS/NZS 4804:2001;

2. consider the need for additional training or certification to ensure that the OHSMS complies with .__ _ _ _ A_S_!N_Z_S 4?2.J...:·~QQ1 ~n_d._!h_aj_ C!lJL~!!!Rlo~~ave t~~)~te~.l_<?.!:1~ .. ~ost a ro riate trainin and

6

Page 7: Work Health and Safety Undertaking

qualifications for their positions;

3. investigate, source and recommend the most appropriate form of training or certification so identified to the QSP Board which will authorise and pay for all necessary train ing or certification.

The OHSM will ensure that the OHSMS incorporates, if it does not already do so, guidel ines emphasising the importance of and need for:

1. adequate supervision of the workforce;

2. retraining or refresher training or courses for employees and supervisors;

3. consultation with staff regarding changes in procedures and OHS protocols;

4. consultation with industry regarding developments in the OHS sphere that improve safety systems.

The OHSMS will be updated to incorporate any recommendations resulting from the review.

QSP wi ll ensure that all senior management are provided with specific training regard ing the revised OHSMS and wil l be required to provide training to all employees. QSP will monitor the roll out of the training program to ensure that it is presented to all current employees and forms part of the induction of all future employees. QSP will make a copy of the revised OHSMS available to all employees both on the company's in tranet and in hard copy.

1---------·-- ----·-- ··- ---ET(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 applical;>le}

Dissemination will be achieved by implementing the following:

QSP commit to providing a copy of the undertaking to all senior management and members of the OH&S committee and will advise al l employees that an undertaking has been given at toolbox talks.

Any specific changes to work practices resulting from the undertaking will be identified and a program established through tool box talks to advise employees of the key terms of the enforceable undertaking and to implement the changes in consultation with all employees.

Any training programs resulting from the undertaking will be undertaken and completed promptly and will Include, where necessary, the use of external providers.

All employees will be provided with updated information as to the additional training or certification undertaken or obtained by fellow employees so that everyone is aware of who has the necessary qualifications for various tasks.

QSP wil l publish a copy of the undertaking on the company's intranet and make a copy available on the company's notice board so that it is accessible to all employees.

The Company does not produce annual reports.

Dissemination will occur by: Within 2 weeks of acceptance of the EU by OFSWQ 1--- ------- - ----------

ET(d) A commitment to partic ipate constructively in all compliance monitoring activities of the undertaking

It is acknowledged that responsibility for demonstrating compliance with this undertaking rests with the person who has given this undertaking. Evidence to demonstrate compliance with each of the terms

. of the undertaking will be provided to OFSWQ by the due date for each term.

It is acknowledged that OFSWQ may undertake 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 the Regulator that the undertaking has been completely discharged.

It Is acknowledged that OFSWQ may initiate additional compliance monitoring activities, such as site inspections, as considered necessary, includ ing a final inspection.

QSP undertakes to co-operate wi th OFSWQ in any of its compliance monitoring activities. - - - ·--- -·-----------------------·-·-------~

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Page 8: Work Health and Safety Undertaking

It is acknowledged that details of all EU-related seminars, workshops and training conducted by a non-registered training provider must be notified to OFSWQ, by emall , at least one week prior. Notification should include time, date, location and the trainer/facilitator.

~~~~~~-~~~~~~~~~~~~---1

ET(e) Strategies that will deliver worker benefits

1. Engagement of OHSM

As mentioned above in section ET(b), QSP has engaged an OHSM for 1.5 days per week. Based In Brisbane, this role is pivotal to the Enforceable Undertaking and delivery of the strategies proposed. The OHSM will also be available outside of the al located time for workers to discuss occupational health and safety issues and provide continual improvements to the OHSMS.

The OHSM will at first complete a review of the current OHSMS and prioritise key issues and aspects identified that require urgent rectification after which the OHSM will systematically work through the OHSMS establishing and/or implementing any elements and principles of the ASINZS AS/NZS . 4804:2001 that are deficient.

The OHSM will engage the assistance of QSP's employees to write or update procedures for each operation undertaken by QSP in order to complete the upgrade of the OHS MS to meet the standard. This wlll enable an analysis of current work practices and a corresponding revision to ensure that no unsafe practices are undertaken in the future . QSP believes this will deliver benefits to ail workers employed by QSP in the Immediate and long term future.

The OHSM engaged by QSP Is a First Class Machinist who also has the following extensive qualifications:

• Advanced Diploma in Human Resources

• Diploma in Occupational Health & Safety

• Diploma in Government Investigation

• Diploma of Justice Administration

• Diploma of Business in Management

• Forklift, acquired doggers and riggers and TAA (Training and Assessment) certificates

• Is a lead auditor of safety management systems and was previously a Senior Inspector employed by OFSWQ

1.1 Cost: $90,000 (Approximate cost over 3 years)

1.2 Timeframe: Began 1/07/2013

2. OHSMS

QSP is committed to upgrading the current OHSMS into a format which is user friendly and easily accessible to all employees of QSP. As part of this process, and with QSP's responsibilities to the community in mind, QSP intends to engage the services of university students as outlined in ET(g) below.

The upgrade of the OHSMS will include the development of an electronic system incorporated and maintained within QSP's intranet. Functionality of the system will allow for procedures and any corresponding pre-starts, inspections, JSAs, check lists, SoPs or induction requirements to be assimilated and allow for easy reference and maintenance of the documentation. This will also make it easier for employees to print off the most current documents they need to complete a task rather than trying to establish whether a paper copy is current or obsolete.

QSP will ensure that the OHSMS is consistent with A SINZS 4804:2001 and ASINZS 4801:2001 as it applies specifically to its business and is standards compliant within 12 mo·nths of giving the Enforceable Undertaking.

QSP will commence Implementing the revised OHSMS as each section is completed and signed off by the OH&S team by providing the requisite training of employees in the revised system. QSP will arran e a.n_~_.f9L~.r.!Y. . ~-0t~i:r.§! . train~g_ _of -~f!lployees which is ~QI1S idered to be required followin the

8

Page 9: Work Health and Safety Undertaking

review.

QSP will ensure that the revised OHSMS · is incorporated into its induction program for new employees.

QSP will ensure that its ·OH&S team continues to maintain the OHSMS to legislative and Australian Standard including those which become applicable to its business during the currency of the Enforceable Undertaking.

As per the commitment in Section ET(k), QSP will engage the services of an accredited third party auditor to conduct compliance audits of the revised OHSMS to ensure that it is compliant with AS/NZS 4801 :2001 and applicable legislation.

2.1 Cost:

OHSMS review and first audit: Approximate cost over 2 years - OHS MS review -$11,000

OHSMS third party audits by SAi Global: $525

Stage 1 Audit $2,980

Stage 2 Audit $4,880

Certification & licence fee $6,035

Total cost $14,420 plus GST

2.2 Timeframe:

2.2.1 OHS MS review: With in 12 months of acceptance of EU

2.2.2 OHS MS third party audits : With in 3 months of acceptance of EU and at 12 month Intervals thereafter (maximum of 2 audits).

3. Training of employees

3.1 Training of QA Manager

QSP employs a QA Manager at the site where the incident occurred . The QA Manager has more than 20 years of experience in the manufacturing industry with some experience in the Workplace Health and Safety sphere as the WHS representative/co .. ordinator at QSP and with Global Manufacturing Group previously. The QA Manager has current Statements of Attainment in Combined Emergency response (LIFC01) and Applied First Aid (HL TFA301 B).

QSP will ensure the OHSM provides training to the QA Manager to increase skil ls in the area of WHS. QSP wil I enrol the QA Manager in a course commencing in 2015 in Workplace Health and Safety to at least a Certificate IV level and provide assistance to complete the cou rse so that the QA Manager wil l be equipped to ass ist the OHSM at QSP. QSP considers it crucial to have a person available on site full time to deal with WHS issues as they arise.

3.2 Training of other employees

QSP recognises that the use of cranes constitutes a significant component of the work it carries out and that it is important to have a number of appropriately qualified daggers. QSP will enrol at least 3 workers in Certificate 4 courses in dogging.

3.1 Cost: Approximate cost - $2,500

Tlmeframe: Commencement of course will be the next available course in 2015 and aim for completion within 24 months of acceptance of the EU

3.2 Cost: Approximate cost $4,500

Timeframe: Commencement of course will be the next available course fo llowing acceptance of the EU and aim for completion within 12 months of acceptance of the EU

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ET(f) Strategies that will deliver industry benefits

QSP proposes to fund the development of a training video entitled "Safe Handling. of Steel" wh ich will focus on crane and lifting safety and the importance of, and how to carry out, risk assessments.

The proposed training video will involve:

• 60 minutes of courseware o 8 modules - each with video/ animation included (up to 10 minutes of video/ 3 actors,

filmed in stud io) o Audio voiceover

• Take 5 checkl ist • Basic assessment e.g. 10 questions • Published via an LMS - SCORM compliant HTML5 • Project Management to have the storyboard approved by the Office of Fair Work Queensland

Cost: $59, 700

Time Frame: within 12 months of acceptance of EU f------ ---- ----- -----· ... ··-·- ·····----·-----·------------

ET(g) Strategies that will deliver community benefits

1. Men's Shed in Rockhampton or nearby location

The Australian Men's Sheds Association recognizes a Men's Shed as a community-based, non-profit, non-commercial organisation that is accessible to al l men and whose primary activity is the provision of a safe, friendly and healing environment where men are able to work on meaningful projects at their own pace in their own time in the company of other men. A major objective Is to advance the well-being and health of their male members and to encourage social inclusion.

QSP understands the importance of the Men's Shed in the community and will donate PPE goods such as hand, eye and hearing protection and services over a two year period. QSP will provide OFSWQ a letter from Rockhampton Men's Shed Association outlining the agreement of the donation. ·

1. 1 Costs : $10,000 per year (for 2 years) Approximate cost over 2 years - $20,000

1 .2 Timeframe:

First donation: Within 12 months of acceptance of the EU

Second donation: Within 24 months of acceptance of the EU

2. University students

QSP will engage the services of a university student based at the University of Southern Queensland (USQ) to assist in developing the computer based Safety Management System. As outlined in ET(e2) above, the student will assist with:

• designing a computer program which all employees can easily use and navigate to locate the requisite documents;

• formatting the procedures into computer and user friendly format; and

• establishing an easy and secure means for updating the content.

This process will also provide 1 final year student with industry experience and assist with their final project for graduation.

QSP wil l provide OFSWQ a letter from USQ outlining the agreement of services.

2. 1 Costs : Scholarsh ip and incidental costs $13,250 plus GST

2.2 Timeframe: Within 6 months of acceptance of the EU

~----------·- ---- - -----·- ---------------- _________________ __,

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ET{h) Agreement to pay OFSWQ's costs

Agreement is given to paying OFSWQ's costs associated with the undertaking, as itemised below, and acknowledgment that payment is due 30 days after receipt of OFSWQ's invoice:

• administrative costs

• legal costs

• compliance monitoring costs

• publication costs

• Total amount

$3703

$1 ,500

$3410

$900

$9513

,__ _________ _______ -- ------------- -ET{i) A commitment regard ing linking the promotion of benefits to the undertaking

QSP will not seek to promote its activities undertaken as a result of the Enforceable Undertaking. To the extent that QSP does any such promotion It will clearly state that such activity is undertaken as a result of the Enforceable Undertaking.

ETU) A commitment to establish an.d maintain (or maintain if a system already exists) an occupational health and safety management system (OHSMS)

QSP will further develop and implement its Occupational Health and Safety Management System (OHSMS) to be compliant with ASINZS 4801:2001 - Occupational Health and Safety Management Systems - Specification with guidance for use. The company commits to having a compliant OHSMS in place within 12 months of this undertaking being accepted.

ET{k} A commitrnentto-ensure thEiOHSMS is audited bythird -party auditors

1 QSP commit to ensuring · third party auditing of its OHSMS against ASINZS 4801:2001 Occupational Health and Safety Management System - Specification with guidance for use.

2 QSP commit to having the initial third party audit within three months of the signing of the undertaking and two further third party audits will be undertaken at 12 month intervals commencing 12 months after the initial audit report has been provided to QSP by the auditor.

3 QSP will provide a copy of the Enforceable Undertakings -Information for Auditors of OHSMS fact sheet to aud itors.

4 Auditors selected to perform OHSMS audits will be certified by a certification body accredited by JAS-ANZ to /SOI/EC 17024:2003 General requirements for bodies operating the certification of persons.

5 QSP wil l ensure the details of the auditor's qualifications against the stated requirements will be provided with any audit reports submitted to OFSWQ.

Refer to ET(E) 2 for costing associated with third party audits .

ET{I) A comhiitment-tO -p-rovide a copy-ofeach-finalised OHSMS audit report to OFSWQ

It is acknowledged that audit reports received from the auditor will be sent to OFSWQ, within 30 days of the audit along with a letter certifying th at the report has not been altered from the copy provided to the person by the auditor.

It is acknowledged that within 30 days of receipt of the auditor's written report, OFSWQ will be advised of the intended action in addressing each of the report's recommendations.

ET(m) A commitment to implement the recommendations from these audits (unless otherwise negotiated with OFSWQ}

The recommendations resul ting from the OHSMS audit will be fully implemented within six months of receiving the audit report, unless OFSWQ offers an exemption due to the actions being unreasonable.

ET(n) Minimum spend

1 The company commits to a minimum spend of $213,883 for the duration of this undertaking. The ~---m_i_n_im._u_m_ spencl_~<_>_t'!J£.f!?es of: ___ ·----

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I offer this undertaking and commit to the terms herein.

Signed: .......[Person]

K~ ~ P0~ft9 r J ::::,'.?)~~~·····

Dated at ... .. .... . ~1 ....... ... this

: day of /j ftY , 20f (

OR

As a duly authorised person of Queensland Steel Products Ply Ltd I offer this undertaking and commit Queensland Steel Products Pty Ltd to the terms herein.

Signed: ........ ................................ . [Duly authorised person]

[Print name]

[Position]

Dated at ........ ..... . ...... ......... . this

.. .. .. .. .. .. day of .. ..... .... .. . ..... .... . 20 ....... .

I accept this undertaking as an enforceable undertaking under section 216 of the Work Health and Safety Act 2011 .

Signed:

[Print Name] .... .. ... . ..... ... . . ... .... .... . . . .... .. .. . . .. .... . .

Deputy Director-General Office of fair and Safe work Queensland Department of Justice and Attorney-General

13

Simon Blackwood

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