B.J. Thomas & Sons Constructions Pty Ltd
Incident description:
On 8 November 2007, a worker sustained serious injuries while stripping roof sheeting from a carport on a residential property when he fell 3.55 metres.
The investigation found the injured worker was an employee of B.J. Thomas & Sons Constructions Pty Ltd which held obligations under s.28(1) Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.
The investigation revealed the defendant did not have fall arrest measures in place, for example harnesses or lanyards, portable platforms or edge protection. Work method statements identifying the risk had been prepared but not made available to the worker. The defendant had written methods about general and specific safety issues, but did not provide controls to minimise or prevent the risk of falling. No physical barriers were used. There was some instruction not to get on the roof until arrest measures were in place, but these administrative measures were not enforced.
Court result:
B.J. Thomas & Sons Constructions Pty Ltd pleaded guilty in the Noosa Industrial Magistrates Court on 28 January 2009 to breaching s.24(1) Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.
The court took into account BJ Thomas & Sons Constructions Pty Ltd had not been prosecuted previously for workplace health and safety breaches and had co-operated with the investigation in ordering no conviction be recorded.
Industrial Magistrate Ms Maxine Baldwin ordered B.J. Thomas & Sons Constructions Pty Ltd pay a penalty of $31 000 as well as investigation and professional costs totaling $1500.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the construction industry where there is exposure to working at heights while stripping roof sheeting, 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 working at heights while stripping roof sheeting, obligation holders should consider the use of travel restraints, fall-arrest harnesses, edge protection or a guard railing that can withstand the force of a person falling against it.
Visit the Workplace Health and Safety Queensland website for more information on:
- managing risk
- working at heights
- building and construction guide (orange book)
- health and safety information for construction
- key health and safety tips for general construction
- construction safety plans and method statements
- guide to guard rail systems and fall protection
- training staff and using control measures to manage risks
- Workplace Health and Safety Act 1995
- Workplace Health and Safety Regulation 2008
- Risk Management Code of Practice 2007
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Industry:
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Construction
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ANZSIC code:
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4122 |
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Defendant:
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B.J. Thomas & Sons Constructions Pty Ltd
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Defendant ACN:
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101 065 589
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Date of offence:
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8 November 2007
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Location of offence:
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Eumundi
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Injury:
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Fracture injuries
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Noosa Industrial Magistrates Court
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Magistrate:
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Ms Maxine Baldwin
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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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28 January 2009
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Penalty:
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$31 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$500.00
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Professional and legal costs:
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$1000.00
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Court costs:
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Nil
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In default period to pay:
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Six months 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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70905
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