An enforceable undertaking is an alternative to a court imposed sanction for an alleged contravention of the Work Health and Safety Act 2012. It is a written, legally binding commitment to implement effective work health and safety initiatives that deliver tangible benefits for workers, industry, and the community as a whole.
See also court summaries.
Rampro Roofing Pty Ptd and Brian Marusarz
Date accepted: 14 May 2021
On 2 August 2017, a casual worker of Rampro was replacing a roof at a commercial warehouse, along with Brian Marusarz, owner/director of Rampro, and four other workers.
The worker was working on a live edge of the warehouse. Contrary to the safe work method statement (SWMS) for the task, he was not wearing a safety harness.
An old roofing sheet slipped and the worker fell around 8 metres through the roof and hit the ground. As a result, he sustained significant injuries including broken ribs and pelvis, fractured vertebrae, a collapsed lung, and other organ injuries.
Rampro Roofing breached sections 19(1)(1a) and 32 of the Work Health and Safety Act 2012.
Brian Marusarz breached sections 27(5)(e) and 32 of the Work Health and Safety Act 2012.
Summary/cost of activities to be undertaken
Following the incident, Rampro took significant steps to improve its safety management systems, safe work procedures and practices, equipment, and training for its workers. Brian Marusarz expressed regret that the incident occurred, and acknowledged the need to improve Rampro’s work health and safety culture, awareness and practices.
Rampro and Brian Marusarz also agreed to undertake the following activities.
Activities to deliver benefits to workers: $13,250
- annual working at height refresher course for all workers
- accredited HSR course for two workers
- Rampro and Brian Marusarz will actively discourage workers from doing weekend work for cash
Activities to deliver benefits to industry: $21,750
- tailored industry culture course on roofing and working at heights. Rampro to engage an approved registered training provider; sessions to be delivered to new or existing industry members of groups of up to 10 people per session over 2 years
- Rampro and Brian Marusarz to sponsors either a TAFE vocational or pre-vocational course specifically on working from heights or related to roofing; or to cover the costs of working at height course delivered by the above registered training provider for long-term unemployed people interested in the roofing industry
Activities to deliver benefits to community: $7,000
- Brian Marusarz to write article for WorkSafe publication detailing his experience in the industry and in relation to the incident
- Brian Marusarz to attend and speak about this experience at WorkSafe Month event
- Rampro to donate roofing services and equipment to any construction industry-based charity approved by the regulator for each project undertaking in five years; or in the event that such services cannot be provided, to make a donation in cash
Total costs: $42,000
Reasons for accepting the undertaking
The Regulator accepted the WHS undertaking under Part 11 of the Work Health and Safety Act 2012 and is satisfied that the strategies proposed/actions taken in this undertaking are likely to deliver long-term, sustainable safety improvements in the workplace, industry and community; are superior to Court proceedings; and proportionate to the incident.