Brendan Allan Smith

Incident description:

An apprentice carpenter fell approximately six metres from the third level of a home that was under construction. The worker lost his balance, fell underneath a makeshift mid rail.

The defendant had erected a timber hand rail around the third floor as a fall protection. This method of edge protection did not comply with the requirements under s.319 of the Workplace Health and Safety Regulation 2008 as it was not capable of withstanding the impact of a heavy fall against it.

Court result:

The defendant pleaded guilty and was fined $6000. No conviction recorded.

Considerations for prevention:

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

Risk management involves 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 appropriate control measures associated with the risk of falls, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. Edge protection when working at heights requires either that a bottom rail be fitted above the working platform between the required range of 150 to 250 millimetres; or a toe board be installed of at least 150 millimetres in height around the perimeter of the edge protection.

Employers should carry out regular risk assessments, identify hazards, assess the risk of injury or harm, review workplace procedures regularly and consider means of controlling or reducing these risks. Consideration should be given to completing safety plans and method statements prior to commencement of works and ongoing training for staff to assist in identifying potential hazards.

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

• building and construction guide
• working at heights
• construction safety plans and method statements
• building and construction
• health and safety information for construction
• managing risk
• implementing controls or evaluating or monitoring them
• training staff as a control measure
• part 20 Workplace Health and Safety Regulation 2008
• Workplace Health and Safety Act 1995
• what penalties apply under the Workplace Health and Safety Act 1995