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Breaking News
Heavy fines for host employer and site supervisor over fall death
12th November, 2008
A Victorian construction company that failed to act on an on-hired worker's safety concerns has been fined $250,000 in the County Court after the worker fell from an unprotected void, and died.
The workers was employed by labour hire company Troubleshooters Available and on-hired to Interbuild Resources Pty Ltd to perform general labouring duties in 2004.
On a number of occasions the worker raised his concerns about safety on the site to his employer, and these were relayed to Interbuild's site supervisor Thomas Kelly, who was responsible for health and safety and conducted worksite inductions.
The employer arranged a site safety audit, which found inadequate fall protection, and incomplete edge and void protection.
In January 2005 the worker fell more than three metres through an unprotected void on the first floor of one of the partially constructed units, and died as a result of his injuries. WorkSafe inspectors found evidence to suggest that planks that were in place to cover the void may have been removed earlier taht day to enable the fitting of a skylight.
Interbuild was issued with three prohibition notices and two improvement notices following the incident. These were complied with, but when WorkSafe inspectors returned to the site in months later, they observed workers on the first storey unit without adequate fall protection.
They inspected the site and found roofing had been installed but without a handrail along the unprotected edge, which exposed workers to a risk of falling from a height of more than two metres.
County Court Judge John Barnett found Interbuild Resources guilty of breaching ss21(1), (2)(a), (2)(e) and 22 of the OHS Act 1985, in failing to provide and maintain a safe working environment, and failing to ensure that non-employees were not exposed to risks.
He fined Interbuild $250,000.
Interbuild's supervisor was also convicted and fined $20,000 for failing to take reasonable care for workers' safety.
www.ohsalert.com.au Friday 7th November 2008