Emert Group Pty Ltd

Incident description:

On 24 June 2008 a worker sustained serious injuries when he fell approximately eight floors after the rope harness (abseiling equipment) he was using to perform window-cleaning work, released.

The court acknowledged Emert Group Pty Ltd employed the injured worker as a window cleaner.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.

Investigation findings presented to the court alleged the incident occurred after the injured person requested another worker lengthen his access rope as it was too short (the ropes are meant to reach the ground). There was no line of sight between the harness operator and the worker extending the rope, due to a number of awnings on the building. The worker extended approximately 20 metres of rope.

Unbeknown to either, the rope being extended gathered on a balcony when a rope protector (thin plastic sleeve) caught in a karabiner. Ordinarily, excess rope can be seen as it accumulates as a loop - thus alerting the harness operator to the problem.

When the harness operator pulled on the rope, it appeared to be firm (due to the rope protector caught in the karabiner). The worker swung out on his harness. His full weight released the rope protector enough to permit rope to run through the karabiner. Excess rope continued to run through the karabiner and the worker fell, uncontrolled for eight floors - only stopping when he struck a balcony awning just above the ground.

The investigation findings presented to the court revealed the obligation holder failed to ensure a system of work was in place for abseiling and all workers were appropriately trained.

Court result:

The defendant pleaded guilty in the Southport Industrial Magistrates Court on 3 July 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.

Industrial Magistrate Brian Kucks ordered the defendant pay a penalty of $38,000 as well as investigation and court costs totaling $1453.70.

In deciding the penalty imposed the court took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches, co-operated with the investigation and entered an early plea of guilty in ordering no conviction be recorded.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from working at heights, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves identifying the hazards, evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing control measures associated with the risk of falling from heights while abseiling to clean windows, obligation holders should consider that appropriate systems of work are developed and workers have been provided with appropriate instruction, information and training on the system of work.

Visit the Workplace Health and Safety Queensland website for more information on:

• health and safety information for construction
• key health and safety tips for general construction
• working from heights
• personal protective equipment (PPE)
  • developing a PPE plan
  • selecting PPE
  • using PPE
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice 2007.