The NHVR has revealed that an NSW civil infrastructure and utilities constructer has implemented close to $140,000 worth of safety initiatives via an Enforceable Undertaking in what it claims is “a strong example of the Regulator’s commitment to improving safety across the industry”.
The Regulator says that following two separate and significant mass breach incidents Ferrycarrig Construction Pty Ltd proposed implementing nine safety initiatives, including ensuring subcontracts contain compliance assuring conditions and other Chain of Responsibility (CoR) performance-management provisions, targeted COR training focused on loading procedures, a load management campaign and establishing a calibration register.
The NHVR says that the company also proposed finalising retro-fitting scales to its remaining fleet of six to 10-wheeler trucks, implementing a load mass verification system to record each loaded trip, and adding labels of the allowable mass limits to its six to 10-wheeler trucks.
The NHVR says it accepted the Enforceable Undertaking in September 2023, and added that since then the company has delivered its proposed enhanced safety measures.
The NHVR’s executive director for statutory compliance, Raymond Hassall said the it would accept an Enforceable Undertaking proposal when it was determined the measures would lead to safety benefits for the wider industry.
“Enforceable Undertakings allow the NHVR to further enhance, encourage and monitor safer behaviours, which in turn improves safety for everyone on the road,” Hassall said.
“Rather than companies paying fines for breach incidents, EUs are designed so the money is instead invested internally on measures which directly lead to safer outcomes.
“This case is a strong example of how the NHVR’s commitment to improving the transport community’s safety measures delivers an improved outcome for not only the business and its associated workforce, but the wider public.”
The Regulator says that Enforceable Undertakings are a high-level statutory agreement which offer an alternative to prosecution and are entered into voluntary, with the NHVR being able to take action should the proposed measures not be implemented satisfactorily.
It says that before agreeing to an Enforceable Undertaking proposal, it will consider a range of factors including whether they will promote a strong safety outcome, offer a broad benefit to the transport community, whether the value of the undertaking aligns with potential court penalties, and the specificity and measurability of the proposed measures.
The NHVR says that more information on Enforceable Undertakings is available via this link here.
