Manchester Roofing Pty Ltd
Incident description:
On 16 May 2007 while cutting a roof batten, a worker sustained injuries when he overbalanced and fell approximately three metres from a roof onto a concrete floor.
The investigation found the injured worker was employed by Manchester Roofing Pty Ltd (defendant).
The investigation identified that Manchester Roofing Pty Ltd held obligations under s.28(1) Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.
The investigation revealed that Manchester Roofing Pty Ltd did not ensure there was fall protection in place preventing workers falling from or through the roof. Workers were only instructed to be careful on the roof.
Court result:
Manchester Roofing Pty Ltd pleaded guilty in the Cleveland Industrial Magistrates Court on 23 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 that Manchester Roofing Pty Ltd had not been prosecuted previously for any other workplace health and safety breaches had co-operated with the investigation and had entered an early plea of guilty, in ordering no conviction be recorded.
Industrial Magistrate Mr Bevan Manthey fined Manchester Roofing Pty Ltd $35 000 as well as ordering investigation court costs totaling $1204.22.
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 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 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, obligation holders should consider the use of edge/void protection and other controls (e.g. scaffolds, elevating platforms, harnesses as appropriate) to ensure the safety of employees or contractors on site. Consideration should also be given in training staff to assist in identifying potential hazards and encouraging the reporting of these findings as an effective means in preventing injuries occurring in the workplace.
Visit the Workplace Health and Safety Queensland website for more information on:
- key health and safety tips for general construction
- controlling falling risks while working on roof framing in the domestic construction industry
- risk management
- personal protective equipment (PPE)
- building and construction industry guide
- working at heights
- Workplace Health and Safety Act 1995
- Risk Management Code of Practice 2007.
|
Industry:
|
Construction
|
|---|---|
|
ANZSIC code:
|
4223 |
|
Defendant:
|
Manchester Roofing Pty Ltd
|
|
Defendant ACN:
|
123 351 762
|
|
Date of offence:
|
16 May 2007
|
|
Location of offence:
|
Capalaba
|
|
Injury:
|
Fractured skull and hearing loss
|
|
Circumstance of aggravation:
|
Grievous bodily harm
|
|
Court:
|
Cleveland Industrial Magistrates Court
|
|
Magistrate:
|
Mr Bevan Manthey
|
|
Legislation:
|
s.28(1) Workplace Health and Safety Act 1995
|
|
Plea:
|
Guilty
|
|
Decision date:
|
23 January 2009
|
|
Penalty:
|
$35 000
|
|
Maximum fine available:
|
$375 000
|
|
Investigation costs:
|
$1132.52
|
|
Professional and legal costs:
|
Nil
|
|
Court costs:
|
$71.70
|
|
In default period to pay:
|
Twelve months to pay, in default levy and distress
|
|
Conviction recorded:
|
No
|
|
CIS event no.:
|
63534
|
Other languages