Stuart Crompton Projects (Aust) Pty Ltd

Incident description:

On 16 February 2009, a 62 year old male, employed by a sub-contractor on a site, sustained fatal injuries to his head and chest.

A platform had been constructed to house an air-handling unit, part of the air-conditioning system being installed. The deceased was working on the platform installing the air handling unit when he fell.

The court acknowledged Stuart Crompton Projects (Aust) Pty Ltd was in liquidation and the matter was dealt with ex-parte (Section 142A of the Justices Act 1886).

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 defendant was carrying out renovation and refurbishment works at Maroochydore and had engaged sub-contractors to carry out work at the site.

The investigation revealed the defendant did not:

• meet its obligations to ensure the workplace health and safety arising from a hazard relating to its business or undertaking, namely work at height on a platform constructed by the defendant and provided for the use of persons at the workplace.
• ensure adequate edge or fall protection was implemented prior to work activities being conducted.
• monitor and review the effectiveness of control measures, specifically in relation to the work activity undertaken by the deceased.

Court result:

The defendant pleaded guilty in the Maroochydore Industrial Magistrates Court on 14 October 2010 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 a conviction recorded.

Industrial Magistrate Ms Bernadette Callaghan fined the defendant $90 000 and ordered investigation and court costs totalling $1789.87.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to manage the risks of working at heights on a raised platform and the system of work for the construction of a raised platform. The Industrial Magistrate noted that workers’ families expect their loved ones will return home safely from work.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from falls 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 working at heights, obligation holders should ensure adequate edge and fall protection systems are erected around elevated work areas.

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

• Building and construction
• Work at heights  
• Managing risk
• Employer training options
• Training staff
• Workplace Health and Safety Regulation 2008
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.