Alliance Shop & Office Fitters Pty Ltd trading as Alliance Interiors
A worker was assisting another worker to move formboard and timber laying on a concrete slab. The first worker lifted the front part of the formboard while the other worker lifted the part closest to the end wall. The first worker was facing the opposite direction to the other worker as they moved forward. The first worker felt the board hit the ground and thought that the second worker had dropped his end. The first worker turned to see what had happened and realised there was a penetration under the formboard and that the second worker had fallen through to the floor below. The second worker had fallen through a 7 m deep penetration in the floor provided for the installation of a 'dumb waiter'. The penetration was formed during construction of the concrete floor and measured 1.6 m x 1.6 m. The worker was taken to hospital with severe injuries.
Investigation findings:
The company did not ensure that the risk of falling through a penetration from level 1 to the basement of the building was adequately identified and controlled and as a result a worker sustained serious injuries. The company had nothing in place for accurate risk assessments, site inductions or the provision of information about hazards present on the site. The company last provided training in how to conduct a risk assessment in 2004.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the incident the company reviewed and improved its procedures to ensure that covers over penetrations are properly fixed and marked so that workers can clearly identify such risks. Systems were put in place to ensure adequate risk assessments are carried out and workers are given information and training.
Obligation holders should consider Subdivision 10, Division 3 of Part 17 of the Workplace Health and Safety Regulation 1997 which outlines a 'relevant person's obligation for risk of a person falling' and Subdivision 4, Division 2, Part 17 'Principal contractor's obligation to sight induction evidence and conduct site-specific workplace health and safety inductions'. They should also consider section 29(e) of the Workplace Health and Safety Act 1995 'providing information, instruction, training and supervision to ensure health and safety'.
Court result:
The company was fined $40,000 with no conviction recorded.
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Industry:
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Non-residential building construction
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Defendant:
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Alliance Shop & Office Fitters Pty Ltd trading as Alliance Interiors
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Date of offence:
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27 January 2006
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Location of offence:
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Eight Mile Plains
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Injury:
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Internal chest injuries, fractured vertebrae and spinal cord damage, a fractured skull and brain injuries and a fractured right shoulder
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Offence:
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Grievous bodily harm
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Court:
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Holland Park Industrial Magistrates Court
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Magistrate:
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Mr Zachary Sara
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Legislation:
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s.28(1) Workplace Health and Safety Act 1995
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Plea:
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Guilty
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Decision date:
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18 September 2007
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Penalty:
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$40,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$3,621
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Professional and legal costs:
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$1,500
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Court costs:
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-
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In default period to pay:
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2 months, in default levy and distress
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Conviction recorded:
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No
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CIS No.:
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E44629
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