Pryme Brisbane Pty Ltd
Incident description:
On 16 October 2007 a worker sustained serious injuries when he fell 3.6 metres through a void in formwork decking.
The investigation found the injured worker was an employee of Pryme Brisbane Pty Ltd.
The investigation identified Pryme Brisbane Pty Ltd held obligations under s.28(1) Workplace Health and Safety Act 1995 being a person in control of a business or undertaking.
The investigation revealed a part of the formwork decking was unavailable creating a hole which was temporarily covered by plywood. The plywood was not secured to the decking or marked to warn others of the hazard. The obligation holder failed to implement a documented handover procedure to ensure steel fixers did not enter areas where they could fall through unsecured voids.
Court result:
Pryme Brisbane Pty Ltd pleaded guilty in the Brisbane Industrial Magistrates Court on 4 March 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 Pryme Brisbane Pty Ltd had not been prosecuted previously for workplace health and safely breaches and had co-operated with the investigation in ordering no conviction be recorded.
Industrial Magistrate Mr Graham Lee fined Pryme Brisbane Pty Ltd $35 000 as well as ordering investigation and professional costs totaling $5405.
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 on unsecured formwork decking, 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 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 on unsecured formwork decking, obligation holders should consider developing a safe system of work to fix plywood sheets securely in place and mark the sheets with an appropriate warning of the hazard. Obligation holders should ensure workers are provided with information, instruction and training on formwork installation and develop a documented handover procedure to review the controls before workers enter onto formwork.
Visit the Workplace Health and Safety Queensland website for more information on:
- managing risk
- building and construction
- health and safety tips for general construction
- Risk Management Code of Practice 2007
- Formwork Code of Practice 2006 (PDF 707, kB)
- Workplace Health and Safety Act 1995.
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Industry:
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Construction
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ANZSIC code:
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4113 |
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Defendant:
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Pryme Brisbane Pty Ltd
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Defendant ACN:
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126 159 215
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Date of offence:
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16 October 2007
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Location of offence:
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Fortitude Valley
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Injury:
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Fractured leg, fractured ribs and bruised lung
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Brisbane Industrial Magistrates Court
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Magistrate:
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Mr Graham Lee
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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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4 March 2009
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Penalty:
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$35 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$4655.00
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Professional and legal costs:
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$750.00
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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 weeks 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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69862
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