enforceable undertaking - kingston kart pty ltd€¦ · go kart hire operation october 1997 15 20...

ENFORCEABLE UNDERTAKING

Section 216, Work Health and Safety Act 2011

The commitments in this undertaking are offered to the regulator by

Kingston Karts Pty. Ltd. as Trustee for the Kingston Karts Trust

T/As Kingston Park Raceway

ACN: 105 106 652

COMMENCEMENT OF UNDERTAKING

This enforceable undertaking is given on the day and date that it is accepted and signed by the regulator as noted on the final page of this undertaking before the schedule hereto. The undertaking will commence from that date and the enforceable terms will commence to operate as a legally binding commitment on the part of the duty holder referred to above from that date.

DEFINITIONS

Person means an individual who or a legal entity which has a duty under the Work Health and Safety Act 2011, the Electrical Safety Act 2002 or the Safety in Recreational Water Activities Act 2011 and can give a written undertaking. The term includes individuals, each partner in a partnership, corporations, individuals or corporations as trustees of trusts, statutory corporations, public authorities, the State of Queensland, the Commonwealth of Australia and other Australian states and territories.

Regulator means the Deputy Director General, Office of Fair and Safe Work Queensland, Department of Justice and Attorney-General, being the person appointed by the Governor in Council as regulator under Schedule 2, Part 1 of the Work Health and Safety Act 2011.

WHS Act means the Work Health and Safety Act 2011.

OFSWQ means Office of Fair and Safe Work Queensland.

WHS undertaking or undertaking or enforceable undertaking means a written undertaking given under Part 11 of the Work Health and Safety Act 2011 by a person in connection with a matter relating to a contravention or alleged contravention by the person of the Work Health and Safety Act 2011 or the Safety in Recreational Water Activities Act 2011 and includes all of the contents of this document including the general information, general and enforceable terms hereto.

PRIVACY STATEMENT

The Department 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 given for the purposes of part 11 of the Work Health and Safety Act 2011, part 3 of the Electrical Safety Act 2002 and part 4 of the Safety in Recreational Water Activities Act 2011. This information will be managed within the requirements of the current state government privacy regime.

The department may publish the undertaking and the information contained in it for purposes identified in the undertaking or for other appropriate legal purposes in various publications such as newspapers and on its website. The department may be required to disclose personal information 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 part of an investigation. Further information on our privacy policy is available at www.justice.qld.gov.au.

Kingston Karts Pty Ltd as Trustee for the Kingston Karts Trust T/As Kingston Park Raceway

Version : Date:

7 03/04/15

of 20

SECTION 1: GENERAL INFORMATION

1.1 Details of the person proposing the undertaking

Nominated person:

Street address:

Mailing address:

Telephone:

Email address:

Legal structure:

Type of business:

Commencement date:

Workers : Full time:

Part time:

Casual :

Products and services:

Terry Skene

20 Mudgee St Kingston Q 4114

PO Box 7 Kingston Q 4114

3826 2255

[email protected]

Private Company

Go Kart Hire operation

October 1997

15

20

15

Kingston Karts Pty Ltd is an entertainment venue who provide Go Karting events for parties, corporate team building and general public.

Comments: I have been working in the Kart hire industry for 18 years and volunteered as a director for AALARA from 2008 till current. In that time I established a national go kart hire association under the name Austral ian Concessional Karting Association through which we arranged to share information and ideas on improving the operational activities of the hire kart centre operators. As Chairman (volunteer) of the Australian Standard Hire Kart committee I was instrumental in introducing a specific standard for hire karts and in this we created a section to introduce covered drive trains and seat belts as mandatory item in the 2009 Australian Standard.

1.2 Details of the alleged contravention

Risk

1.2.1 The risk arising out of the hazard of which KINGSTON KARTS PTY LTD ought to have known is the injury to persons with hair of length, in particular hair below the shoulders, including the risk of entanglement of hair in the rotating drive/axle shaft of motorised Go Karts;

1.2.2 The injured person was a participant using a motorised Go Kart at the workplace.

1.2.3 The injured person's hair was below shoulder length and was tied with a hair band then placed in a hair net and helmet.

1.2.4 The injured person's hair remained in a hairnet prior to participating in motorised Go Karting . During the course of Go Karting, the hair dislodged from the hair net and fell into the rotating axle assembly contained within the engine area at the rear of the Go Kart


Version: Date:

7 03/04/15

of 20

Failures

1.2.5 Inadequate guarding of the area between the seat of the Go Kart and the engine cover, which includes the spinning axle under the engine cover;

1.2.6 Method of hair restraint adopted for participants whose hair is longer than the middle of the back where potential entanglement could occur if the hair net failed.

1.2.7 Inadequate supervision and control of persons using the motorised Go Karts whose hair is longer th an the middle of the back ;

1.2.8 Inadequate training of staff in regards to the risks associated with hair longer than the middle of the back and the exposure to moving plant;

1.3 Detail the events surrounding the alleged contravention (Generally includes factual incident details and avoids blame or opinions.)

The injured person watched the driver instruction video prior to driving the go kart. The long hair was contained in a hairnet as per the Driver Instructions prior to driving the go kart. During the 3 rd drive of the day the hair which was previously held in a rubber band as an extra precaution, the hair band broke and the hair became dislodged from the hair net and became entangled in the drive train of the go kart.

1.4 Detail the enforcement notices issued that relate to the event detailed in clause 1.2

w Not Applicable

DATE NOTICE NOTICE CONTRAVENTION ACTION TAKEN IN RESPONSE ISSUED TYPE NU BM ER TO NOTICE

1.5 Detail the injuries sustained by person as a consequence of the event detailed in clause 1.2

The person sustained injuries consistent wi th an amount of hair being pulled from the scalp.


Version: Date:

7 03/04/15

of 20

1.6 Detail the workers' compensation or other insurance benefits paid to the worker/s who sustained injury or suffered illness as detailed in clause 1.5 or to the beneficiaries of deceased persons

The worker/sis:

an employee/s of the entity r •

a self-employed person/s r

•

other ~ Guest •

not applicable r

•

Nil workers compensation. Matter of compensation is being dealt with by public liability insurance company.

1.7 Detail the support provided or proposed by the person to worker/s or their families who sustained injury or suffered illness or to the families of deceased worker/s

Not Applicable.

1.8 Detail the current occupational health and safety management systems (OHSMS) for the workplace where the event as detailed in clause 1.2 occurred

Procedures for the management of maintenance and operations of the go-karts and track have been developed, however a formal OHSMS that manages the companies response to WHS legislation has not yet been developed.

1.9 Detail the current level of auditing undertaken on the OHSMS referred to in clause 1.8, including compliance audits and audit frequency

No current audit system is in place

Kingston Karts Pty Ltd as Trustee tor the Kingston Karts Trust T/As Kingston Park Raceway

Version: Date:

7 03/04/15

of 20

1.10 Detail the consultation undertaken or proposed to be undertaken within the workplace where the event occurred in relation to the proposal of an enforceable undertaking

Senior management and staff have been consulted and were provided a detailed analysis of the incident and the best options to minimise any further occurrences were discussed.

Maintenance and service staff have weekly tool box meetings and discuss the various ways that we can better deal with the issues associated with driver safety. These ideas are collated and recorded in the logbook and passed on to the kart design and development team for consideration.

In relation to the EU, quarterly meetings with workers will be conducted updating them on the progress made with the implementation of the EU deliverables. These meetings will be minuted and records available for the workforce to review.

1.11 Detail the rectifications to the workplace or work practices made as a result of the events detailed in clause 1.2 and the notices detailed in clause 1.4

1.11.1 Go-Kart Guarding

To address the failure of inadequate guarding as described in clause 1.2.5, Kingston Karts Pty Ltd undertook a 3-month research project to source kart safety covers to include an axle cover to assist in preventing long hair and loose items of clothing entering into the drive train.

Kingston Karts Pty Ltd employed a go kart design expert as a Project Manager from February 2014. The project manager was tasked with searching and prototyping an axle protection product that could be retro fitted to our karts .

Project Manager Expenditure included wages of 12 weeks in design and trials

Ryan Pine is paid $59,000 per annum I 12 weeks= $13,615

Total Cost: $13,615.00

Management of Hair Restraint

Kingston Karts Pty Ltd implemented a method of hair restraint adopted for participants whose hair is longer than the middle of the back.

The use of hair nets was replaced with hooded jackets so no loose hair can drop down near the running gear of the go-karts. The company invested considerable hours in the design process and obtaining a prototype for testing.

Kingston Karts Pty Ltd will also distribute sample suits out to the industry for feedback. Through our consultation with the senior staff, the company has implemented a revised long hair policy which includes items of risk such as ties I burkas and flowing clothing. Staff have been retrained in the dangers of such items and regular meetings are held to enforce the safety aspects.

Kingston Karts Pty Ltd invested significant time communicating with the Chinese manufacturer to design the first workable samples suit, which were delivered in late May 20 14. There was in excess of 20 hours of time designing and communicating over skype and emails with the manufacturer. Due to manufacturers MO requirements the minimum shipment of sample suits totalled $5,000.

Design Costs: $3580

Sample Suits Costs: $5000

Total Cost: $8,500


Version: Date:

7 03/04/15

of 20

Safety Briefing updates

Development of a driver training video that can be delivered to guests prior to riding to alert them of the risks of karting and the controls implemented to reduce those risks. $5,000

1.11.2 Improved Supervision and Control of "At-Risk Patrons"

Kingston Karts Pty Ltd has increased supervision and control of persons using the motorised Go Karts whose hair is of a length longer than the top of their shoulders (past shoulder length).

Kingston Karts Pty Ltd has implemented a new system, where at point of sale of a karting ticket guest with long hair are identified as potential "at-risk" patrons. They are advised that they will be required to wear a hoodie or a disposable suit.

For track staff to easily identify and monitor these "at risk" patrons throughout the patrons visit, Kingston Karts Pty Ltd requires the at-risk patron to wear an orange arm band. All drivers with the orange arm band are checked by track staff before entering the track to ensure their hai r is retained by either a hoodie or disposable suit. Those who refuse to wear the hoodies/suits are offered refunds and asked to leave the track area.

The additional time spent assessing the patron and track supervision has increased labour costs by approximately 5 minutes per customer to assess long hair and then we apply the arm band and assist with fitment of the hoodie. In effect, we serve 1000 customers per week and we estimate 1 in 10 customers will need assessing, suit fitting and track monitoring.

This has been approximately equated to an additional labour cost of $132 per week or $6,864 per year.

Total Cost: $6,864

1.11.3 Staff Training Program

The provision of adequate staff training to include the risks associated with hair longer than the shoulders and the exposure to moving plant.

Kingston Karts Pty Ltd has developed a new safety program which includes the risks of rider entanglement on the karts. All existing staff have been retrained in the program and a chart has been introduced to assist them to quickly identify possible risks of entanglement from long hair or loose clothing. This program will be conducted for all new staff as part of their induction and all existing staff will retrained on an annual basis.

The program includes an induction program on the mechanics of the karts and the risk of entanglement which is presented to the staff as a part of the new staff inductions and in the 12 monthly refresher courses.

Our General Manager and the work shop supervisor have worked in conjunction with the Kart project manager to carefully detail the risks involved in karting and the risk of entanglement. This group spent in excess of 6 hours per week for the last 4 weeks in deriving a manageable program, documenting procedures and delivering staff training.

Development of Training Program: $864

Training Costs : $4, 100

Total Cost: $4964

Total amount spent on rectifications: $ $38,943


Version: Date:

7 03/04/15 of 20

Section 2: General terms

The duty holder acknowledges and commits to the general terms set forth in the subclauses below.

2.1 Acknowledgement that the regulator alleged a contravention occurred as detailed in clause 1.2

It is acknowledged that the Regulator has alleged that Kingston Karts Pty Ltd has contravened provisions of the Work Health and Safety Act 2011 (Qld).

2.2 Statement of regret that the incident occurred and the reasons the persons considers this undertaking is a more appropriate response to the contravention than a court imposed sanction

The management and staff of the company deeply regret that the injured person has had to suffer such a painful experience.

The company believes, that given the opportunity to undertake the EU, its research and development will develop "best practice" controls that can be passed onto the Australian Standards committee on gokarts for consideration for inclusion in AS 3533.4 to further enhance the safety of riders.

2.3 Statement of commitment that the behaviour, activities and other factors which caused or that led to the alleged contravention has ceased and will not reoccur

Kingston Karts Pty Ltd is committed to ensuring best practice within its business with respect to the factors which led to the alleged contravention. As such, Kingston Karts has assessed the Industry Standard use of hair nets as not acceptable for persons with hair longer than shoulder blade length.

Kingston Karts commits to providing hooded suits for such persons as to retain th e long hair within a protective layer. The company has also rewritten the staff training programs on loose clothing and long hair and have gone well beyond the requirements of the Australian Standard 3533.4 which is a specific standard for the hire kart industry.

2.4 Acknowledgment of the guidelines published by the regulator in relation to the acceptance of an undertaking

I have read and understood:

Guidelines for proposing of an enforceable undertaking

Version : 2 Dated: December 2011

2.5 Acknowledgement that this undertaking may be published and publicised

2.5.1 Kingston Karts Pty Ltd acknowledges that the undertaking may be published on the departmental internet site, referenced in departmental material.

2.6 Statement of the person's ability to comply with the terms of the undertaking and meet the projected costs of the activities


Version: Date:

7 03/04/15

of 20

2.6.1 Kingston Karts Pty Ltd has the financial ability to comply with the terms of this undertaking and have provided evidence by way of the company accountant's letter stating of the company's ability to meet the proposed costs of this undertaking.

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

2.7 Statement regarding person's relationship with any corporations, officers, employees, contractors, proposed beneficiaries of donations or scholarship or other recipient of financial benefit contained in this undertaking

Kingston Karts Pty Ltd has no ownership or connection with any of the beneficiaries of the enforceable undertaking.

2.8 Statement regarding Intellectual Property licence

Kingston Karts Pty Ltd grants OFSWQ a permanent, irrevocable, royalty-free, world-wide, nonexclusive licence to use, reproduce, publish, distribute, electronically transmit, electronically distribute, adapt and modify any materials developed as a result of this undertaking.

2.9 Acknowledgement that the duty holder may be required to provide a statutory declaration

OFSWQ has requested a statutory declaration outlining details of any prior WHS I ES convictions 1 or findings of guilt under WHS legislation, Electrical Safety or WHS-related legislation.

r YES W NO

2.1 O Statement of commitment from the person to participate constructively in all compliance monitoring activities of the undertaking

2.10.1 It is acknowledged that responsibility for demonstrating compliance with this undertaking rests with the duty holder.

2.10.2 Evidence to demonstrate compliance with the terms will be provided to OFSWQ by the due date for the each term.

2.10:3 The evidence provided to demonstrate compliance with the undertaking will be retained by the person until advised by the regulator, that the undertaking has been completely discharged.

2.10.4 It is acknowledged that any failure to meet the due date for an enforceable term will result in the matter being escalated and may lead to alternative enforcement action.

2.10.5 It is acknowledged that OFSWQ may undertake other compliance monitoring activities to verify the evidence and compliance with an enforceable term, and cooperation will be provided to OFSWQ.

2.10.6 It is acknowledged that OFSWQ may initiate additional compliance monitoring activities, such as inspections, as considered necessary at OFSWQ's expense.

' Subject to any local legal constraints such as spent conviction legislation.


Version: Date:

7 03/04/15 of 20

2.10.7 It is acknowledged that details of all seminars, workshops and training conducted by a nonregistered training provider must be notified to OFSWO, by email, at least one week prior. Notification should include time, date, location and the trainer/ facilitator.

2.10.8 Any workshop seminars prior to acceptance of this EU have been documented and can be provided to OFSWQ on request.


Version: Date:

7 03/04/15 of 20

SECTION3:ENFORCEABLETERMS

The duty holder acknowledges all activities set forth in the enforceable terms below must be auditable and include a date for completion and an estimated cost of each activity.

The duty holder commits to performing the activities below diligently, competently and to complete each activity by the respective completion date.

3.1 A commitment from the person to perform activities that will ensure the ongoing effective management of risks to health and safety in the future conduct of its business or undertaking

Kingston Karts Pty Ltd will engage ORA Safety Specialists Pty Ltd to develop and implement a best practice Safety Management System {SMS) compliant to AS 4801 , specifically tailored to our operations.

Kingston Karts Pty Ltd has chosen this consultant due to their experience with developing systems for other public entertainment I amusement parks and its extensive involvement in the leisure industry as trainers and consultants.

The company wil l further engage ORA Safety Specialists on a regular consultancy basis to assist in the implementation of the SMS and provide ongoing training services to ensure best practice is maintained.

A corporate risk register will be developed with Managers appointed responsibilities to review the risks based on their risk level to provide a continuous safety improvement process.

3.2 A commitment from the person to disseminate information about the undertaking to workers, and other relevant parties Dissemination will be achieved by implementing the following:

The OHS consultant will conduct a WH&S meeting to explain the EU and how its implementation will improve the safety of staff and patrons at the facility. All staff will be required to attend this meeting in which the critical risks that effect workers and customers will be explained. An overview on how to use the new safety management system will be conducted with groups working together on case study examples. Minutes of the meeting will be recorded and provided to the OFSWQ as evidence of this deliverable.

The Safety Management System {SMS) that will be developed will be internet based and all responsible staff will receive access to the SMS via either a logon or a desktop icon. Persons with key responsibilities for implementation of procedures will be trained and guided in how to meet these responsibilities to enhance the implementation process. The task assigned to that employee will be included in to their KPl's and reminder emails will be sent to them prior to date due so that the task can be completed in adequate time. WHS Meeting with consultant will take place within 2 months of signing the EU Staff access to on line SMS will start within 4mths of signing the EU

Dissemination will occur by: Within one month of the EU acceptance


Version: Date:

7 03/04/15 of 20

3.3 Activities to be undertaken to promote the objects of the WHS Act 2011 that will deliver benefits for the workers

STRATEGY COST TIMEFRAME

Development of the SMS compliant to AS/NZS Within 12 months of

3.3 .1 4804:2001 and tailored to the company's $6,750 acceptance of

requirements the EU

Development and delivery of a range of tool box talks to staff on WHS topics to improve safety awareness. Topics will be based on the procedures developed in the SMS eg Handling Chemicals & Manual Handling,

and will be written in simple language to inform staff of the requirements of the procedures and will include an assessment of their understanding. A training calendar of Tool Box talks will be developed for each

3.3.2 Department to ensure each staff member completes

$10,824 2 years at least one topic per month relevant to their work risks.

To develop the tool box meetings concept the company is holding 1 meeting per month x 12 month x 1 hr. x 41 staff and 3 managers.

Eg 12 (meetings x 1 hr.) x 41 staff ($22 p/hr.) = $10,824

Kingston Karts Pty Ltd has in place a staff training system that manages the level of competency for all employees. The system characterises staff competency into the following levels I

• Level 1: a new employee,

• Level 2 : an employee with limited knowledge and experience,

• Level 3: an experience employee .

• Level 4 and above: are leaders who can make decisions about operational procedures 5 x $1000 Within 24

3.3.3 based their knowledge, experience and months of

training. They also have the responsibility of Totalling: acceptance of

ensuring the health and safety requirements $5000 the EU.

of patrons and workers. This includes driver training inductions, mechanical workshop inspections and ensuring safe storage and use of hazardous chemicals, namely fuel.

There are currently 5 staff who are at level 4 or above.

Kingston Karts commits to training these employees through a recognised training provider in the Certificate 4 Workplace Health and Safety course.


Version: Date:

7 03/04/15 of 20

Third party audit of the SMS within 6 months of the Commencing on the

EU acceptance, and 2 further audits at 12 monthly acceptance of 3.3.4 intervals. There will also be 3 consultancy visits per $13,200 the EU and

year to assist with the implementation of the SMS. continuing over the 24 month period.

Total estimated costs of benefits for the workers $35,774

3.4 Activities to be undertaken to promote the objects of the WHS Act 2011 that will deliver benefits for the industry

STRATEGY COST TIME FRAME

Development and Introduction of a safer Go Karting Standard for use by industry:

The Go Kart industry has for a long time operated under AS3533.3 & 3533.1 that was originally written for the bumper car industry, and by default Go Kart hire was included. As this standard does not specifically relate to go-karts, its relevance and use throughout the industry is poor.

Kingston Karts is committed to improving the standard of operations within the Go-Kart industry throughout Queensland and Nationally. To achieve this, the owner of Kingston Karts has volunteered to take on the role of Chairman of the Standard Committee to draft a new Australian Standard for Go kart hire.

Under the Standards Australia requirements for developing standards, this project proposal will be an

Within 24 Externally Funded project that will not be subject to

3.4.1 Standard Australia prioritisation process. $6,444 months of acceptance of

The costs associated with this deliverable include the EU meeting and consulting with engineering, safety and industry experts throughout Austral ia and the associated travel and accommodation expenses.

Evidence to be provided to OFSWQ for the expenditure of this deliverable will consist of committee minutes, consultant and travel receipts.

The outcome of this deliverable will be the development of the draft Australian Standard including consideration of the public comments for submission to the Standards Development Committee (SOC) for final approval, development and publication.

Kingston Karts will endeavour to pursue the final approval and publication of the standard through the SOC, but due to this being outside of our operational control th is stage is not within the scope of the EU.


Version: Date:

7 03/04/15 of 20

Associated costs: 6 hours a month x 6 meetings x $179.00 p/hr. = $6,444.00

Design of new Go Kart Cover

The 3-month sourcing project undertaken in March -May 2014, was unsuccessful in sourcing a kart safety cover that met both safety and mechanical requirements. However, Kingston Karts is still committed to improving the design of go kart covers to ensure the safety of the driver.

Kingston Karts will commission a project for the redesign of the kart safety covers to include an axle cover to assist in preventing long hair and loose items of clothing entering into the drive train.

Within 24 3.4.2 Over a six-month period, the project manager will be $45,000 months of

tasked with designing a multi-use axle cover. The acceptance project manager will work with vehicle body designers and mould manufacturers to have a prototype built.

The final outcome of this deliverable will be to share the design with the industry by making it available to all go kart hire operators.

CAD design costs: $10,000

Mould manufacture costs: $5,000

Project Manager costs for 6 months work to assist in design, construction and testing of the design $30,000

Collision research & safer design of Go-kart:

Testing at Crash lab Australia has been conducted in a controlled environment and some of the issues most concerning in kart collision have been documented but there has been limited research completed in the field.

The Standards engineers have collated the research and written in to the new Standard 3533.4 a requirement that has various calculations which must be meet by the kart manufactures and operators in

3.4.3 the event of a collision with another kart or barrier.

Kingston Karts is committed to engaging industry $15,000 Within 24

experts to conduct on track collision research and to months of collate world 's best practice information. The outcome acceptance of this deliverable will be to confirm that the engineering requirements with in the new Australia Standard can actually be achieved when out in the track environment.

Kingston Karts is committed a minimum spend of $15, 000 on this deliverable

As a part of those costs we will employ a Mechanical enQineer and install robotic control systems that will


Version: Date:

7 03/04/ 15 of 20

allows us to drive the kart at full speed into the barriers and other karts during testing. Kingston Karts Pty Ltd are supplying over

80 hours of man power $2250

1 x go kart $5000

Go pro 3 x cameras $1500

Track barriers for the testing $2000

Engineers Time & reports $4250

Kingston Karts is committed to disseminating the information learnt through the new testing via the new Australian Standard and wants to assist operators to design of a safer go-kart operation throughout the industry nationally.

Evidence to be provided to OFSWQ for the expenditure of this deliverable will consist of research report, consultant and engineering receipts. Kingston Karts will also provide OFSWQ evidence of the dissemination of the information to industry.

Total estimated costs of benefits for the industry $66,444

3.5 Activities to be undertaken to promote the objects of the WHS Act 2011 that will deliver benefits for the community

STRATEGY COST TIMEFRAME

Kingston Karts is committed to supporting the local $6,000 community and will implement a School holiday program in conjunction with Logan Council on driver safety training.

The company has a set charge of $60 for a silver Within 24 pass which is a basic driving course with karting and

3.5.1 amusements added in as an incentive for the kids to months of

participate acceptance

The kids get this course for just $10 and we subsidise the rest which is a cost to the raceway of $50.00

We usually run 30+ kids per holiday period and run the course 2 times a year, eg. 120 kids x $50 = $6000

PCYC Driver Training Program:

Kingston Karts will contribute financial assistance to our local PCYC community driver program. This program is a new commitment from Kingston Karts

Within 24 and is designed to offer kids from less fortunate 3.5.2 families who cannot afford the costs associated with months of

the compulsory 100 hours of Learner driver training . acceptance

The program also supports the kids by providing a vehicle and instruction to assist them in gaining their $5000 Provisional Driver's License. This will benefit the community by encouraqinq the local youth to learn


Version: Date:

7 03/04/15 of 20

safe driving skills and encouraging them to obtain a drivers licence which may lead to succouring a job.

Kingston High School Engineering program:

Kingston Karts is committed to supporting the local Kingston High School by offering the school access and use of our maintenance and track resources for an engineering program to be conducted by the school.

The engineering program will challenge the student to design and build 3 wheel bikes and then compete in interschool competition. The program is designed to $2500 Within 24

3.5.3 teach the students a range of basic mechanical skills, months of workshop and mechanical safety, as well as how to acceptance strategically approach and develop a project plan.

This is a new program and expenditure of this deliverable will consist of Labour for group management with Kingston Karts plus track time, Workshop services and materials. We feel our true cost will far exceed this amount but it is a local school and we are committed to progress the kids educational development.

Total estimated costs of benefits for the community $13,500

3.6 Agreement to pay OFSWQ's recoverable costs

Kingston Karts agrees to pay OFSWQ's costs associated with the undertaking, as itemised below, and it is acknowledged that payment is due 30 days after receipt of the OFSWQ's invoice:

• administrative costs

• legal costs

• compliance monitoring costs

• publication costs

Total recoverable costs

$3814

$1100

$3410

$2000

$10,324

3.7 A commitment regarding linking the promotion of benefits by the person to the undertaking

Kingston Karts Ply Ltd is committed to linking any promotion of the benefits arising from this undertaking to this undertaking and that this undertaking was entered into as a result of an alleged contravention of the WHSAct

3.8 A commitment to establish and maintain an occupational health and safety management system (OHSMS)


Version: Date:

7 03/04/ 15

of 20

3.8.1 Kingston Karts Pty Ltd acknowledges there is no formal documented OHSMS in place.

3.8.2 Kingston Karts Pty Ltd commits to ensuring that an OHSMS acceptable to the regulator that satisfies the principles of AS/NZS 4804:2001 Occupational health and safety management systems-General guidelines on principles, systems and supporting techniques will be implemented within 12 months of the acceptance of the undertaking.

3.8.3 Kingston Karts Pty Ltd acknowledges that the OHSMS will be maintained in accordance with the AS/NZS 4804:2001 Occupational health and safety management systems-General guidelines on principles, systems and supporting techniques.

3.9 A commitment to ensure the OHSMS is audited by third party auditors

3.9.1 Kingston Karts Pty Ltd acknowledges that the auditors selected to perform OHSMS audits must meet the qualification requirements as set by the Regulator.

3.9.2 Kingston Karts Pty Ltd commits to ensuring the OHSMS will be audited by certified third party auditors.

3.9.3 Kingston Karts Pty Ltd acknowledges that details of the auditors' qualifications will be provided with audit reports submitted to OFSWO.

3.9.4 Kingston Karts Pty Ltd acknowledges that costs associated with these audits will be met by Kingston Karts as part of the undertaking.

3.9.5 Kingston Karts Pty Ltd commits to ensuring the OHSMS will be audited against criteria that meets the principles of AS/NZS 4801:2001 Occupational Health and Safety Management Systems - Specification with guidance for use, to verify the OHSMS meets the principles of AS!NZS 4804:2001 Occupational health and safety management systems-General guidelines on principles, systems and supporting techniques.

3.9.6 Kingston Karts Pty Ltd acknowledges that there is no OHSMS in place, as detailed in clause 3.8.1 that is acceptable to the regulator and commits to ensuring that an third party audit will be undertaken within 6 months of the acceptance of the undertaking.

3.9.7 Kingston Karts Pty Ltd commits to ensuring at a further two third party audits will be undertaken at 12 month intervals.

3.1 o A commitment to provide a copy of each finalised OHSMS audit report to OFSWQ

3.10.1 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 that the report has not been altered from the copy provided to the person by the auditor.

3.10.2 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.

3.11 A commitment to implement the recommendations from third party audits

Kingston Karts Pty Ltd commits to ensure the recommendations resulting from the OHS MS audit wi ll be fully implemented within six months of receiving the audit report, unless OFSWQ offers a variation of the enforceable undertaking due to the actions being unreasonable.

3.12 Minimum spend

3.12.1 Kingston Karts Pty Ltd commits to a minimum spend of $126,042 for the duration of this undertaking.


Version: Date:

7 03/04/15

of 20

3.12.2 Kingston Karts Pty Ltd agrees to spending any residual amount arising from an original term not being completed or being less costly than estimated in this undertaking. Agreement on how this residual will be spent will be sought from the Regulator.

3.12.3 If Kingston Karts over spend in one area this may be attributed to another area of the agreement and this will be accepted as having meet the requirements of this EU so long as the total amount spent does not become less than the original amount predicted in the estimates

3.12.4 Kingston Karts Pty Ltd acknowledges the minimum spend comprises of :

• Total value of benefits to workers $35,774

• Total value of benefits to industry $66,444

• Total value of benefits to community $13,500

• OFSWQ recoverable costs $10,324

Estimated total value of the undertaking $126,042


Version : Date:

7 03/04/15

of 20

SECTION 4: EXECUTION

This enforceable undertaking is given by the duty holder on the date it is accepted by the regulator as set forth in section 5 below.

SIGNED by the duty holder

Terry Skene

on the 2nd day of February 2015

before me:

---Sonya Burton

Witness name in full

- -- ----------------- ·-·---·-·-----··---·-----·--

Queensland

Witness address

Signature of duty holder


Version: Date:

7 03/04/15

of 20

SECTION 5: ACCEPTANCE

3 .--:--- _ _.

This enforceable undertaking is accepted by the regulator on the day of.:...Jl~ , 20 / >

----------··-·--·-----·--·--- =----·-·--------··----·--( s ig nature)

;;_!_D_~ ___ f3_( °=-L-_;d__\ C/:0!_/.) (name of regulator)

Appointed by the Governor in Council as regulator under Schedule 2, Part 1 of the Work Health and Safety Act 2011, Schedule 2 of the Electrical Safety Act 2002 and Section 32(1) of the Safety in Recreational Water Activities Act 2011.


Version: Date:

7 03/04/15 of 20

enforceable undertaking - kingston kart pty ltd€¦ · go kart hire operation october 1997 15 20...

Documents