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Cobb, John trading as Cobb's Constructions

Summary

Incident description:

A worker was cleaning an area adjacent to a penetration in a suspended concrete floor of a house under construction. A 600 mm x 1070 mm penetration was covered with a sheet of formply, but the sheet was not secured. As the worker was sweeping, he stepped onto the formply covering the gap and fell through the gap to the floor approximately 2.9 metres below, fracturing his left forearm.

Investigation findings:

The worker's supervisor intended to secure the formply once the worker had cleaned the area. The investigation found that the company had clearly identified the hazard and were in the process of implementing a control measure.

Considerations for prevention:

(Commentary under this heading may be additional to material before the court.)

After the incident, the company was required to conduct a risk assessment to ensure floor penetration coverings were secured.

Obligation holders should consider the requirements of section 27A of the Workplace Health and Safety Act 1995 which outlines obligations relating to risk management and 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'.

 

Court result:

The company was fined $5,000 with no conviction recorded.

Details
   
Industry:
House construction
Defendant:
Cobb, John trading as Cobb's Constructions (ABN 47 768 158)
Date of offence:
15 March 2006
Location of offence:
Sunrise Beach
Injury:
Fractured left forearm
Offence:
Grievous bodily harm
Court:
Noosa Industrial Magistrates Court
Magistrate:
Ms Bernadette Callaghan
Legislation:
s.28(1), 24(1)(b) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
15 August 2007
Penalty:
$5,000
Maximum fine available:
$75,000
Investigation costs:
-
Professional and legal costs:
-
Court costs:
$64.20
In default period to pay:
6 months
Conviction recorded:
No
CIS No.:
46773

 

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