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Improvement Notice PDF

This improvement notice from SafeWork NSW requires CPB Contractors Pty Limited to remedy issues with their Underground Emergency Response Plan at a construction site in Haberfield, NSW. The plan does not provide clear evacuation instructions for workers in the event of an electrical supply failure. The notice directs CPB Contractors to update the plan to comply with health and safety regulations and ensure workers understand the instructions. CPB Contractors must address these issues by March 1st or face penalties.

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467 views

Improvement Notice PDF

This improvement notice from SafeWork NSW requires CPB Contractors Pty Limited to remedy issues with their Underground Emergency Response Plan at a construction site in Haberfield, NSW. The plan does not provide clear evacuation instructions for workers in the event of an electrical supply failure. The notice directs CPB Contractors to update the plan to comply with health and safety regulations and ensure workers understand the instructions. CPB Contractors must address these issues by March 1st or face penalties.

Uploaded by

Francis Berry
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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SafeWork NSW Ref No: 7-347810 ORIGINAL

IMPROVEMENT NOTICE Notice No: 7-347810


This notice is issued under section 191 of the Work Health and Safety Act 2011. Section 210 requires that the person to whom
an improvement notice is issued must, as soon as possible, display a copy of the notice in a prominent place at or near the
workplace, or part of the workplace at which work is being carried out that is affected by the notice .

You must comply with this notice within the period specified. Failure to comply with this notice may incur a maximum
penalty of $50,000 for an individual and $250,000 for a body corporate.

Notice issued to:


Legal name of person / CPB CONTRACTORS PTY LIMITED
business or undertaking:
ABN: 98000893667 ACN: 000893667
Trading as:
Address: L3 52 Railway Parade, , BURWOOD NSW, 2134

Details of contravention:
Site location: 4 Walker Ave, HABERFIELD, NSW, 2045

I, Christopher Webb reasonably believe on 8/02/2019 at 7:00 AM that you have contravened a provision in circumstances that
make it likely that the contravention will continue or be repeated of the Work Health and Safety Act 2011, section 19 and Work
Health and Safety Regulation 2017, clause 43.

Brief description of how the provision is being or has been contravened:


Workers are exposed to a risk to their health and safety from being unable to safely evacuate the tunnels as the Underground
Emergency Response Plan (M4E-HS-PLN-PWD-01643) does not provide clear direction for workers.

In particular there are conflicting references in the emergency response plan in relation to electrical supply failure - "if the lights go
out this is an indication to evacuate the tunnel".

Directions as to the measures to be taken to remedy or prevent the contravention or likely contravention: (it is mandatory to
comply with these directions)
You must ensure that the Underground Emergency Response Plan for the tunnels complies with clause 43 of the Work Health and
Safety Regulation 2017 provides clear instruction, is communicated to and understood by workers.

Recommendations (if any): (It is not an offence not to comply with these recommendations)
In complying with the direction, you may give consideration to further guidance available from:
- SafeWork NSW code of practice ‘Managing the work environment and facilities’.
- Safe Work Australia Emergency Plans Fact Sheet.

Issuing Inspector: ELECTRONICALLY ISSUED


Signature of inspector

19/02/2019 Sydney City Office, SYDNEY +61 (02) 8267 1948


Date issued Inspector's work address Inspector's contact number

This contravention must be remedied before: 1/03/2019


Service method: E-Mail
Steve Pavlich Person with management or control of the workplace
Notice given to Relationship to person to whom notice is issued

Copy of Notice given to Relationship to person to whom notice is issued

True
Extension of time for compliance with improvement notice

Improvement notices may include directions concerning the measures which must be taken within the time period
set out in the notice. You must take those measures within the time period. If there is some practical reason why you
cannot comply with the notice in that time (for example, you are relying on a third party supplying something and
they do not deliver it), you may seek an extension of the time period by contacting the inspector who issued you with
the notice. The inspector’s name and telephone number are on the notice . Please note that an inspector can only
extend the time period to comply with the notice if the period specified in the notice (or any further period as
extended by the inspector in writing) has not ended.

Internal review of decision

If a decision to issue an improvement notice was made by an inspector, an eligible person may apply for an
internal review of that decision.

An eligible person is:

1. The person to whom the notice was issued.


2. A person conducting a business or undertaking whose interests are affected by the decision .
3. A worker whose interests are affected by the decision .
4. A health and safety representative who represents a worker whose interests are affected by the decision .

How does a person apply for a review of a decision?

The person must complete the Application for Internal Review form , and lodge it at SafeWork NSW before the
date specified on the improvement notice for compliance has expired or 14 days, whichever is the lesser. There
is no application fee.

The operation of the improvement notice is stayed (that is suspended) once the application for review of decision
is lodged with SafeWork NSW. The stay remains in effect until a decision is made by SafeWork NSW and
whichever of the following is earlier - an external review is applied for or 14 days have elapsed since the person
became aware of the SafeWork NSW’s decision.

Please contact SafeWork's Governance and Appeals Unit on (02) 4724 4920 for an application form or visit
www.safework.nsw.gov.au.

What happens next?


Your application will be reviewed within 14 days unless additional information is required. You will receive written
confirmation of the result of the internal review including the reasons for the decision.

External review

If a decision to issue an improvement notice was made by SafeWork NSW or SafeWork NSW has made a
decision on internal review, an eligible person may apply to Industrial Relations Commission for an external
review of the decision. An external review application must be made within 14 days of the decision first coming to
the applicant's notice, or if the regulator is required by the Commission to give the person a statement of reasons,
within 14 days after the day on which the statement is provided.

Please refer to www.safework.nsw.gov.au for more information on how to apply for an external review.

Privacy collection statement

This information is collected by SafeWork NSW for the purposes of the Work Health and Safety Act 2011 .
SafeWork will use this information for the purposes of establishing and maintaining a database and to assist the
SafeWork inspectorate with their work. This information may also be made available to other government
agencies.

You may apply to SafeWork to access and correct any of your own personal information SafeWork holds if that
information is inaccurate, incomplete, not relevant or out of date. Applications should be made in writing to:
Privacy Contact Officer, SafeWork NSW Head Office, Locked Bag 2906, Lisarow, NSW 2252.

An inspector may make minor technical changes to this notice in certain circumstances. This does not change the
validity of the notice.

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