Troy Wayne Johnston

Incident description:

On 20 August 2008 a 17 year old worker sustained serious injuries including a fractured wrist and lacerations as a result of falling from a trestle ladder while working at a construction site.

The court acknowledged that the defendant operated a business as a carpenter in a sole trader capacity and that he was an employer under 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.

The investigation findings presented to the court alleged the defendant failed to manage the following hazards:

• working at a height
• a system of work for accessing and alighting from a roof at the workplace.

The investigation findings presented to the court revealed the defendant did not identify hazards associated with the task on the day of the incident and had not conducted a risk assessment.

Court result:

The defendant pleaded guilty in the Maroochydore Industrial Magistrates Court on 10 September 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 Mr John Hodgins ordered the defendant pay a penalty of $4500 as well as investigation and court costs totaling $1550.40.

In reaching the decision, the Industrial Magistrate acknowledged the defendant failed to select the appropriate type of ladder for workers to access and alight from the work area and had failed to identify the obvious hazard of working at a height and subsequently did not manage the resulting risk. The defendant was also warned about cutting corners with safety in the construction industry.

In deciding the penalty imposed, Industrial Magistrate Hodgins took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches, co-operated with the investigation. The defendant entered an early plea of guilty 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 there must be a system of working place if accessing or alighting from a roof. 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 continue working correctly.

When deciding on and implementing appropriate control measures associated with working from heights and accessing or alighting from a roof, obligation holders should ensure that such tasks are undertaken by suitably trained, qualified and experienced workers.

Control measures that should be considered when working at heights may include installing or using:

• an edge protection system
• a fall protection cover to be placed over holes and openings, able to withstand the impact of a fall and be securely fixed in place to prevent it being moved or removed accidentally
• a travel restraint system, such as a personal fall prevention device
• a fall arrest system, consisting of harnesses or ladder belts, attached by lanyards to a suitable anchor point
• an industrial safety net
• suitably rated single or extendable ladders
• scaffolding installed by a licensed scaffolder
• trestle ladder platforms
• clear signage to alert workers or pedestrians of the hazard
• barricades or hoarding to ensure authorised access only.

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

• key health and safety tips for general construction
• building and construction guide (orange book) (PDF, 410kB)
• construction safety plans and method statements
• working at heights
• construction industry inductions
• ladders, trestles and scaffolding
• managing risk
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice 2007.