WorkSafe has accepted the entering of an enforceable undertaking by Laing O’Rourke Australia Construction Pty Ltd after the company was charged with six breaches of the Occupational Health and Safety Act 2004 and the Occupational Health and Safety Regulations 2017 in relation to high risk crystalline silica work and a failure to report a notifiable incident.
Laing O’Rourke is the UK’s largest privately owned construction company, and claims to be a recognised leader in health, safety and wellbeing.
Laing O’Rourke was contracted to replace rail plates between Flagstaff Station and Southern Cross Station - a task that included processes that generate and disperse dust. The work as identified as high-risk crystalline silica work.
An unrelated company was engaged to conduct works on platform 2 of Flagstaff Station, 500 metres from the workplace. On 18 January 2023, a safety advisor from that company observed a large amount of dust on the platform, coming from the Laing O’Rourke workplace. The unrelated company shut down works on platform 2 due to safety concerns and arranged for an occupational hygienist to attend the platform.
On 19 January 2023, an environmental scientist and occupational hygienist attended the workplace and commenced respirable crystalline silica air monitoring. Three samples were found to exceed the Safe Work Australia Exposure Standard for silica.
On 20 January 2023, a labour-hire employee suffered burn injuries whilst operating a jackhammer and concrete saw at the workplace and was admitted to hospital suffering multiple abrasions and burns to his arms from working with wet concrete and nausea from dust inhalation. Laing O’Rourke failed to notify WorkSafe of this incident.
The WorkSafe investigation discovered that although Laing O’Rourke performed a risk assessment; they did not consider the proportion of crystalline silica in the material, nor the frequency and duration of exposure to crystalline silica dust, and they did not have a Silica Hazard Control Statement.
Despite the six charges against the company the prosecution was discontinued following WorkSafe’s acceptance of the Enforceable Undertaking proposal by Laing O’Rourke. The proposal has an estimated cost of $929,500.
The EU involves six undertakings over a two-year operation period. They are:
- Undertaking 1: Provision of support to WorkSafe to enable implementation of the Silica Control Tool by providing funding to WorkSafe and promoting the availability of the tool.
- Undertaking 2 – Development of industry training for the management of respirable crystalline silica (RCS) in civil/rail construction.
- Undertaking 3 – Supply Chain Forum (Supervision Focused) to provide attendees with increased understanding of the risks associated with RCS and practical steps to follow when supervising works involving RCS.
- Undertaking 4 – Development of New Industry Available Content for Hazardous Dusts and Fibres.
- Undertaking 5 – Donation to Lung Foundation Australia.
- Undertaking 6 – Media and Communications Plan and Execution to publish and promote material in undertakings 2 to 4.
Exposing workers to these kinds of hazards is bad enough but when the system seemingly allows offenders to avoid any real consequences, it might be said that the system itself is failing.
Read more: Laing O'Rourke - Enforceable Undertaking - Nov 2025