All Finishing Concrete Pty Ltd

Incident description:

On 24 February 2010 a 52 year old male worker sustained injuries to his right leg when he fell five metres through a floor penetration onto a concrete floor below.

The court acknowledged All Finishing Concrete Pty Ltd failed in its obligations to ensure workers were free from the risks of injury associated with falling through a floor penetration.

The court found the defendant held obligations under s.28 of the Workplace Health and Safety Act 1995 being an employer.

The investigation findings presented to the court alleged the risk of injury from falling through a floor penetration in proximity to where work was being undertaken was not adequately managed.

The investigation findings presented to the court revealed a plywood sheet covering the penetration was not secured to prevent dislodgement or unauthorised removal, and was not suitably signed to warn of the hazard.

Court result:

The defendant pleaded guilty in the Cairns Industrial Magistrates Court on 9 February 2011 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 Ms Sandra Pearson fined the defendant $40 000 and ordered investigation costs of $2000.

In reaching a decision the industrial magistrate acknowledged the defendant failed to ensure the piece of ply covering the penetration at the time was appropriately secured to prevent displacement, nor was it suitably signed to warn workers. The industrial magistrate acknowledged there was some confusion as to which obligation holder held the obligation for this type of hazard, which had some effect on reducing culpability.

In deciding the penalty imposed Industrial Magistrate Pearson 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 construction industry where there is exposure to risks of falling through floor penetrations, 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
• 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 injury from falling through a floor penetration, obligation holders should ensure appropriate covers are placed over the penetration, that these are suitably secured to prevent displacement, and that the area is appropriately signed to alert workers of the hazard.

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

• Trapdoors and penetration covers
• Building and construction
• Work at heights
• Managing risk
• Formwork Code of Practice 2006
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.