A Canberra demolition company has avoided prosecution over a 2023 incident at the Canberra Centre after WorkSafe ACT accepted a legally binding enforceable undertaking worth more than $225,000.

The undertaking, accepted by ACT Work Health and Safety Commissioner Jacqueline Agius, and the first since 2020, relates to an incident in January 2023 when the demolition of concrete hobs in a Canberra Centre car park caused three metal façade panels to become dislodged from the structure.

The panels fell in an area where other workers were present, although no one was injured.

WorkSafe ACT investigated the incident and subsequently charged Demolition Environmental Civil Contractors Pty Ltd (DECC) with failing to ensure, so far as was reasonably practicable, that people were not exposed to health and safety risks arising from its work.

Rather than continuing court proceedings, DECC proposed an enforceable undertaking, a legally binding agreement that allows a business to undertake safety improvements and community initiatives in place of prosecution.

Under the agreement, DECC will spend more than $225,000 on workplace safety, industry research and community projects.

Measures include a digital transformation program to improve work health and safety document control, development of a façade risk induction module, structural risk decision-making workshops and due diligence training for senior project managers and subcontractors.

The company will also fund research into silica exposure during structural demolition and present the findings to the construction industry.

Community initiatives include donations to Foundation House to support psychosocial safety and recovery programs for people in the construction industry, and a contribution to the ACT State Emergency Service Volunteers Association.

Commissioner Agius said the alleged breach presented a risk of serious harm but resulted in no injuries and was assessed as low to moderate in gravity.

She said the undertaking would deliver broader benefits than a prosecution.

“I believe that accepting this EU will achieve the objectives of the WHS Act by improving safety outcomes and deliver meaningful benefits to workers, industry and the community,” Ms Agius said.

“An EU isn’t a slap on the wrist; it requires a significant commitment of time, resources and investment, proportionate to the likely outcomes had the matter proceeded to court.”

WorkSafe ACT will monitor DECC’s compliance with the undertaking. Failure to comply could result in penalties and the original prosecution being reinstated.