Sports Technology International Pty Limited

Incident description:

On 11 September 2008 a 42 year old worker sustained serious injuries when he fell from a mobile scaffold while working at height.

The court acknowledged Sports Technology International Pty Limited engaged a number of employees and contractors, including the injured worker, to carry out the construction of athletics and sporting tracks, courts and fields.

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 incident occurred when a worker was completing the erection of a mobile scaffold near an unprotected edge of a garage rooftop tennis court that was under construction. The worker that was injured and workers of the defendant were required to install the court fence posts, top rails between the posts, wire cable and wire mesh enclosing the court and then surface the court. A mobile scaffold was ordered by the defendant to facilitate the installation.

The worker injured in the incident was standing on the work platform level of the mobile scaffolding, erecting the side rails when the mobile scaffold moved and a wheel went over an edge causing the whole scaffold to fall to the ground. The worker jumped as it fell, hitting a brick wall and then falling to the ground. He fell approximately five metres and sustained a laceration to his right forearm, a small lung puncture, and breaks to his arm, shoulder blade, rib and vertebrae.

The investigation findings presented to the court revealed:

• the scaffold was in good condition when hired to the defendant
• the scaffold was provided with wheel locking devices to each of the four wheels
• the worker stated that the scaffold was about one foot away from the edge when he was setting up
• the worker was on the scaffold work platform attaching the end and side rails at a height of about 2.5 metres above the court when the incident occurred
• the worker had experience in building mobile scaffolds but did not have any qualifications for the same
• instructions for the erection of the scaffold were provided by the supplier upon delivery of the scaffold
• the worker and two other workers on the site stated that there was no edge protection or other fall protection measures on the three exposed sides of the court at any stage during the work
• the worker and the two others assisting were not provided with any instruction, work method statement or information by the defendant about how to work safely on the scaffold
• this was the first time the defendant had installed a tennis court within close proximity of a fall hazard
• the defendant did not identify that using a mobile scaffold close to an unprotected edge had the potential to cause an injury, and
  the occupational health and safety plan used for the site was a generic plan that was not developed or amended specifically for the site.

Court result:

The defendant pleaded guilty in the Brisbane Industrial Magistrates Court on 3 September 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.

Industrial Magistrate Mr Graham Lee ordered the defendant pay a penalty of $35 000 as well as investigation and court costs totaling $2384.72.

In reaching a decision, the Industrial Magistrate acknowledged the defendant failed to identify hazards or manage the exposure to risks in accordance with section 27A of the Workplace Health and Safety Act 1995. The defendant did have a general occupational health and safety (OHS) plan for this project that identified the hazard of falls from height with the control measure of edge protection to manage the risks. The OHS plan was not implemented with respect to the additional hazard presented by the elevated court surface at this site.

In deciding the penalty imposed, Industrial Magistrate Mr Graham Lee took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches, cooperated with the investigation, entered an early plea of guilty and was sentenced with no conviction recorded.

Considerations for prevention:

When working in construction industry where there is exposure to risks such as falling 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 appropriate control measures associated with the risk of falling from heights, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. Obligation holders must ensure that the principal contractor completes a safety plan and establish if a method statement is required. If workers are required to be licensed for particular works on site (e.g plant operation, scaffolds) obligation holders must complete the appropriate checks to ensure workers hold the appropriate certification and are competent. All workers entering the construction site must also have completed a construction induction course and hold the approved card to enter the site.

If workers are expected to work from heights, obligation holders should also consider the following control measures:

• edge protection systems
• a fall protection cover placed over holes or across 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 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
• correct choice and safe use of single or extended ladders
• scaffolding appropriate for the size of the job and installed by a licensed scaffolder
• trestle ladder platforms
• clear signage to alert workers or pedestrian of the fall hazard
• barricades or hoarding to ensure authorized access only.

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

• health and safety information for construction
• building and construction guide (orange book) (PDF, 411kB)
• managing risk 
• construction safety plans and method statements
• obligations for guard rail systems
• working at heights
• construction industry inductions
• scaffolding certificates
• ladders, trestles and scaffolding
• Risk Management Code of Practice 2007 
• Workplace Health and Safety Regulation 2008
• Workplace Health and Safety Act 1995.