Aireplus Pty Ltd

Incident description:

On 22 May 2008, a 30 year old apprentice worker sustained serious injuries after falling through a skylight while carrying out maintenance work on the roof of a shopping centre.

The court acknowledged the defendant operated a business of installing and maintaining air-conditioning systems and that the company was the ‘host employer’ under the meaning of the Workplace Health and Safety Act 1995.

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.

The investigation findings presented to the court alleged the defendant:

• failed to manage the hazards of working at height and the system of work for working around a skylight at height
• did not implement adequate control measures to manage the risks presented by the hazards.

Court result:

The defendant pleaded guilty in the Noosa Industrial Magistrates Court on 23 October 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 Mr Neil Lavaring ordered the defendant pay a penalty of $18 500 as well as investigation and costs of court totalling $1500.

In reaching a decision, the Industrial Magistrate acknowledged the defendant failed to implement the appropriate control measures to protect the worker from falling through the skylight while servicing an air-conditioning unit in the proximity of a skylight on a roof.

In deciding the penalty imposed, Industrial Magistrate Lavaring took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches had cooperated with the investigation and had entered an early plea of guilty. The defendant was sentenced with no conviction recorded.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from the hazard of working at heights, 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 working at heights, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. A risk assessment should be completed prior to work beginning in an area to ensure that any hazards are identified and assessed accordingly.

When working at heights, obligation holders should ensure that suitable control measures are in place to prevent or arrest workers if they fall. Control measures may include:

• edge protection systems
• fall protection covers securely fixed and placed over holes and openings or voids
• travel restraint systems used as a personal fall prevention device
• fall arrest systems, consisting of harnesses or ladder belts attached by lanyards to a suitable anchor point.

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

• health and safety information for construction
• building and construction guide (orange book) (PDF, 411kB)
• managing risk 
• construction safety plans and method statements
• obligations for guard rail systems
• working at heights
• construction industry inductions
• Workplace Health and Safety Regulation 2008
• Workplace Health and Safety Act 1995.