Bruce Maxwell Wedmaier

Incident description:

On 7 February 2008 a roofing contractor performing battening work (high risk construction work) on a low set domestic house was exposed to the risk of injury from falls from heights.

The court acknowledged the Principal Contractor and builder on the site was Bruce Maxwell Wedmaier.

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’s work practices did not adequately address the risk of falls from heights.

The investigation findings presented to the court revealed:

• the house being constructed at the time had many trusses spaced at 1200 mm centres
• the system of work adopted to perform the battening work had a risk of injury from falls from heights.

Court result:

The defendant pleaded guilty in the Cairns Industrial Magistrates Court on 25 August 2009 to breaching s. 24(1) of the Workplace Health and Safety Act 1995, having failed to meet his workplace health and safety obligations.

Industrial Magistrate Ms Sandra Pearson ordered the defendant be placed under a twelve month good behavior bond with a recognisance in the sum of $4000 as well as investigation, professional and court costs totaling $2269.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to ensure that adequate systems were in place to manage the risk of falling through the roof framing.

In deciding the penalty imposed Industrial Magistrate Pearson took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches and co-operated with the investigation and was sentenced with no conviction recorded.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from falls from 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 control measures associated with the risk of falls from heights, obligation holders should apply a risk management approach ensuring work method statements are safety plans are completed by the principal contractor before work begins.

Workers who install roofs and work on roof framing will be exposed to the risk of falling through the roof framing where there are no appropriate control measures in place to prevent the fall. The greater the openings in the roof frame during construction, the greater the risks for a worker to fall through those openings.

Obligation holders need to be vigilant in relation to truss spacing even in circumstances where the battens are installed progressively from the bottom of the truss upwards at 450 mm centres. The increased risks created by trusses spaced at centres greater than 600 mm centres requires a risk management system in place that prevents or minimises a fall through the roof framing.

Depending on the spacings of the trusses, consideration should be given to installing fall arrest platforms or safety barriers that will assist in preventing a fall to the ground or at the very least arresting the fall.

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

• health and safety information for construction
• building and construction guide (orange book)
• documentation
• controlling falling risks while working on roof framing in the domestic construction industry
• guide to guard rail systems and fall protection
• managing risk
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.