Balanzategui Constructions Pty Ltd

Incident description:

On 27 June 2008, a 46 year old sub-contractor sustained injuries when he fell from the top of block work into the internal section of a house under construction.

The court acknowledged Balanzategui Constructions Pty Ltd had a business or undertaking involving building and construction work.

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

Investigation findings presented to the court alleged the incident occurred when the injured person accessed the top of the block work via a ladder to secure a roof frame. While moving onto the next truss, he lost his balance and fell into the internal section, landing on a concrete floor.

The investigation findings presented to the court revealed:

• there was reliance placed on the injured person to not expose himself to risk, rather than risks being adequately assessed and managed by the defendant prior to work commencing
• the work plan and work method statement did not address falls from heights below three metres
• although some external sections of the front of the house had perimeter scaffold, where the incident occurred the injured person was exposed (externally) to risk of injury from falls from heights in excess of three metres.

Court result:

The defendant pleaded guilty in the Townsville Industrial Magistrates Court on 6 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 and was sentenced with no conviction recorded.

Industrial Magistrate Mr Ross Mack ordered the defendant pay a penalty of $30 000 as well as investigation and court costs totalling $2735.91.

In reaching a decision the industrial magistrate acknowledged the defendant failed to adequately assess the risks of injury from exposure to falls from heights below three metres.

In deciding the penalty imposed, Industrial Magistrate Mack took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation and entered an early plea of guilty.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

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:

• 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
• 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 working at heights, obligation holders should consider that working without fall protection or fall arrest systems while standing on the top of block work (the bond beam) creates a risk of injury through falling from heights. The risk is increased as bond beams are typically narrow and are used to support features such as roof trusses that can act as tripping hazards. Suitable work or fall arrest platforms and safety barriers should be considered by obligation holders as control measures for these risks

The control measures to be used should be included in any construction safety plans and work method statements. Obligation holders should ensure that there is adequate induction and supervision of workers and others to ensure the selected control measures are properly used.

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

• Building and construction
• Health and safety information for construction
• Safety plans and work method statements
• Work at heights
• Managing risk
• Employer training options
• Training staff 
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.