Bartlem Construction Services Pty Ltd
Incident description:
On 27 June 2008 a workersustained injuries after falling three metres from a trestle and plank system erected on an awning.
The court acknowledged Bartlem Construction Services Pty Ltd employed the injured worker as an apprentice painter.
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 incident occurred after the injured worker and the company's director set up trestles and double planks clamped together, which sat on an awning approximately three metres wide and three metres high. One end of the planks was resting on a lattice structure attached to the building. This structure contained 16mm thick compressed fibre board used as a roofing material. Both men were working on the trestle and planks when the compressed particle board gave way causing the injured worker to fall three metres onto the roof below with the company's director landing on top of him.
The investigation findings presented to the court revealed the defendant did not develop and follow a system of work for securely supporting the working platform while painting at heights.
Court result:
The defendant pleaded guilty in the Yeppoon Industrial Magistrates Court on 14 August 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 Ms Annette Hennessy fined the defendant $20 000 and ordered investigation and court costs totalling $1815.50.
In deciding the penalty imposed Industrial Magistrate Hennessy 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. She noted this was a small family business with limited financial resources.
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 from 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
- 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 a working platform at heights, obligation holders should ensure structures are of adequate strength before establishing platforms used for working at heights on them.
Visit the Workplace Health and Safety Queensland website for more information on:
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Industry:
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Construction
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ANZSIC code:
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4111 |
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Defendant:
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Bartlem Construction Services Pty Ltd
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Defendant ACN:
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122 414 699
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Date of offence:
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27 June 2008
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Location of offence:
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Yeppoon
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Injury:
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Fractured spine
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Yeppoon Industrial Magistrates Court
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Magistrate:
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Ms Annette Hennessy
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Legislation:
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s.28(1) Workplace Health and Safety Act 1995
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Plea:
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Guilty
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Decision date:
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14 August 2009
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Penalty:
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$20 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$1750
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Professional and legal costs:
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-
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Court costs:
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$65.50
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In default period to pay:
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Referred to SPER to pay, in default levy and distress
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Conviction recorded:
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No
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CIS event no.:
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80493
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