Arrow International Australia Limited

Incident description:

On 14 April 2008, a worker sustained injuries after falling six metres from a working platform.

The court acknowledged Arrow International Australia Limited engaged the injured worker through a hire agency and was the principal contractor for the construction site where the incident occurred.

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.

Investigation findings presented to the court alleged the incident occurred when two workers were on a “loading bay” working platform supported by scaffolding on level two of the Peppers Resort construction site at Airlie Beach. The platform allowed for a maximum weight of 1000 kg. However, the bay was overloaded and collapsed.

The investigation findings presented to the court revealed the defendant failed to implement a system of work to inspect and monitor scaffold and scaffold bays to ensure they are appropriately erected and remain in a safe condition.

Court result:

The defendant pleaded guilty in the Proserpine Industrial Magistrates Court on 17 August 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with no conviction recorded.

Industrial Magistrate Mr Athol Kennedy ordered the defendant pay a penalty of $30 000 as well as investigation, professional and court costs totalling $3565.20.

In reaching a decision the Industrial Magistrate acknowledged a full recovery was made by the worker, who was back at work, and noted the extensive (and expensive) post incident measures. His Honour remarked that one worker was seriously injured whilst the other was lucky to escape injury. He accepted there were other potential obligation holders on site, but blameworthiness must not undermine the objectives of the legislation.  Sentences must deter generally as well as specifically.

In deciding on the penalty imposed, Industrial Magistrate Kennedy took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation and entered an early plea of guilty.

Considerations for prevention:

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:

• identifying the hazards
• evaluating the consequences and likelihood of harm that may result from the hazard
• deciding and implementing control measures to prevent or minimise the level of the risk from the hazard
• 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 falling from a collapsing scaffold, obligation holders should consider if the scaffold is designed and erected to the appropriate rated capacity for its use. Obligation holders such as principal contractor should ensure that scaffold and scaffold bays are appropriately signed off to indicate the loading capacity. The structure integrity and the operational use of the scaffold should be monitored throughout the life of the project.

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

• Building and construction
• Construction industry health and safety information
• Scaffolding licensing requirements
• Scaffolding Code of Practice 2009
• Managing risk
• Employer training options
• Training staff
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995