Matrix Building Services Pty Ltd

Incident description:

On 8 September 2009 a 36 year old worker sustained injuries when he fell into a stairwell void.

Matrix Building Services Pty Ltd employed a worker as a plasterer while building townhouses at Kelvin Grove.

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 two workers were carrying a sheet of plasterboard (two to three metres in length and one metre in width) near a stairwell void. The workers were manoeuvring the plasterboard to fit through a door opening when one stepped backwards into the stairwell void and fell 2.9 metres onto the concrete floor below. He sustained a fracture to his left ankle, and bruising and abrasions to his left upper arm.

The investigation findings presented to the court revealed:

• adequate edge protection (guardrail) was installed by the principal contractor and was in place prior to work by the defendant commencing on the day of the incident
• it was unable to be determined who removed the guardrail at the edge of the void where the worker fell
• the defendant had (through its director) observed the guardrail in place when he attended the site on the morning of the incident
• the defendant had developed a work method statement identifying the control measures to be used to manage the risk of falling from heights. The work method statement and a toolbox talk were provided to workers on the morning by the defendant's supervisor before work commenced
• there was a supervisor on site at the time of incident, however there was no evidence that he was trained as a supervisor or that he conveyed any instructions to the injured worker on the day of the incident
• a toolbox meeting, which the injured worker attended, was conducted on the day of the incident and included the instruction, 'don't remove scaffold or handrail'.

Court result:

The defendant pleaded guilty in the Brisbane Industrial Magistrates Court on 25 November 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 no conviction recorded.

Industrial Magistrate Mr Brian Hine ordered the defendant pay a penalty of $18 000 as well as investigation and court costs totalling $2275.90.

In reaching a decision the industrial magistrate acknowledged the defendant failed to identify the removal of the implemented control measure (the guardrail) as a hazard, or otherwise manage the risk of serious bodily injury or death that flowed from the hazard in accordance with s.27A of the Workplace Health and Safety Act 1995. Magistrate Hine accepted the situation was no less than that found in the case of Lang v Amalgamated Food and Poultry Pty Ltd (2001) QIC 32; 167QGIG 245 (26 June 2001), where the defendant knew of the hazards and risks and had procedures in place, but these procedures were not implemented and this occurred 'under the nose of the relevant supervisor'.

In deciding the penalty imposed, Industrial Magistrate Hine 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:

(Commentary under this heading is not part of the Court's decision.)

When working in the building and construction industry where there is exposure to risks from falls from height, obligation holders should apply a risk management approach to ensure the implementation of suitable control measures.

Risk management involves:

• identifying the hazard
• 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
• monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing control measures associated with risk of falling from heights, obligation holders should ensure:

• such tasks are supervised or undertaken by suitably qualified and experienced workers
• a risk assessment of the task has been completed, documented and evaluated.

Control measures that may be considered include:

• edge protection systems around elevated work areas
• a secured fall prevention cover placed over holes and openings
• adequate lighting
• providing workers with information on the location of voids and attaching warning signs to notify workers of the hazard.

Refer to Part 20 of the Workplace Health and Safety Regulation 2008 for more information about controls.

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

• Building and construction
• Health and Safety information for 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.