One of Australia’s largest employers in the construction industry has had an enforceable undertaking accepted, in substitution for a prosecution, which will cost approximately $1.04 million to implement (WorkSafe Victoria v J. Hutchinson Pty Ltd [2025]). 

Background

J. Hutchinson Pty Ltd (JHB), which trades as Hutchinson Builders, operates in all Australian states and territories, and is usually involved in large-scale projects. In August 2024, a third-party delivery driver was delivering three large electrical switchboards to a site in Rosebud, Victoria, which was under JHB’s control. The switchboards were extremely heavy – the largest one weighing 770 kilograms. The driver was accompanied by his 21-year-old son who has a disability and was unemployed. 

After arriving on site, the driver’s son stood on the truck’s tray and began removing the straps securing the cargo. At the same time, one of JHB’s employees was driving a forklift towards the delivery truck to unload the switchboards. The forklift made contact with the unsecured load, causing the larger switchboard – and the driver’s son – to fall 1.6 metres to the ground. The switchboard landed on the driver’s son’s head and torso, resulting in serious, life-threatening crush injuries. 

Prosecution

JHB was charged with breaching section 26 of the Occupational Health and Safety Act 2004 (Vic) for its failure to ensure a safe and risk-free workplace. It was alleged that JHB could have reduced the likelihood of this type of incident occurring if it implemented a more effective traffic management procedure at the Rosebud site. This could have included ensuring that:

• the access gate to delivery area was not left open and delivery drivers are required to report to site management before entering;
• delivery drivers are provided with directions and instructions on where to park;
• dedicated pedestrian exclusion and driver safety zones are marked;
• unloading areas are barricaded and include appropriate signage;
• delivery drivers are directed to remain in the safety zone during unloading; and
• forklift operators are directed to ensure that pedestrians are clear of the area during unloading.

The proceedings were discontinued after WorkSafe Victoria accepted an enforceable undertaking proposed by JHB, which aimed to demonstrate its learnings from the incident.

Enforceable undertaking

As part of the enforceable undertaking, JHB will:

1. Produce interactive visual safety material.
2. Create safety training material tailored to the volume residential building sector in Victoria.
3. Produce a ‘lessons learnt’ animation.
4. Deliver a safety culture program course, addressing the skills required to identify, effectively communicate and manage risks within a changing and dynamic workplace.
5. Participate in industry safety and health innovation initiatives.
6. Implement a coordinated media and marketing campaign.
7. Make a $100,000 charity donation to Beyond Blue’s NASBO program, which is a guided self-help mental health coaching program dedicated to small Victorian businesses.

Find out more

Learn more about enforceable undertakings – from what to include to how the regulator decides whether to accept one – in the Health & Safety Handbook chapter Enforceable undertakings. This chapter includes a checklist to help you determine whether your enforceable undertaking meets requirements.

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