DG Wilson Constructions Pty Ltd

Incident description:

On 20 January 2009 a 20 year old worker was injured when the top level of scaffolding he was working on gave way and he fell 6.7 metres.

DG Wilson Constructions Pty Ltd was the principal contractor at a workplace on Stradbroke Island and provided scaffolding for general use by on-site contractors in the construction of three double storey houses.

The court found the defendant held obligations under s.28 of the Workplace Health and Safety Act 1995 being an employer and principal contractor conducting the business of domestic building work.

While working on scaffolding at the top level of one house being constructed, an apprentice worker fell approximately 6.7 metres, when an unfixed, non-compliant scaffold platform he was sitting on, shifted and gave way.

The facts presented to the court revealed:

• the apprentice was employed by Total Architectural and Building Solutions Pty Ltd
• the defendant company supplied the scaffold for use by various contractors
• the defendant company had an expectation that its site foreman would inspect the scaffold weekly, although there was no formal system in place and no-one monitored the foreman to see if he performed this task or had the skills to perform this task
• the scaffold was incomplete in that a bottom rail of the hand railing system was never installed
• there were no ties to the building or any evidence that the scaffold had ever been tied to the building
• end and face bracing was missing from the scaffold
• the defendant's onsite supervisor indicated that he had no scaffolding expertise and did not carry out inspections of the scaffolding and had relied on a sign-off certificate (provided approximately three months prior to the incident) that the scaffolding was suitable for use
• at the time of the incident, the scaffold should have been tagged-off as unsuitable for use, until such time that the scaffolding had been made safe. As the principal contractor, the defendant company had the authority to do this
• the defendant company had received only the one sign-off certificate for the scaffold, although the scaffolders had been to the site a number of times prior to the incident.

Court result:

On 17 June 2011 the defendant pleaded guilty in the Cleveland Industrial Magistrates Court 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 Ehrich ordered the defendant pay a penalty of $38 000 as well as investigation and court costs totalling $1534.80.

In reaching a decision the industrial magistrate acknowledged the defendant failed to ensure the health and safety of a subcontracted worker by failing to maintain safe scaffold for general use.

In deciding the penalty imposed Industrial Magistrate Ehrich took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches and had cooperated with the investigation.

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 from incomplete and unsafe scaffolding, 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 appropriate control measures associated with the use of scaffolding, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers.

When working in the scaffold industry, implementing a comprehensive work plan with appropriate risk assessments and controls will assist in the identification of potential risks within the workplace.

Consulting with other contractors on-site and ensuring that employers and employees are appropriately licensed, competent and aware of the potential risks or hazards involved may assist in reducing similar incidents occurring.

This incident highlights the importance of employers implementing safe operating procedures and the need for all workers on-site to follow these procedures.

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

• Health and safety information for construction
• Managing risk
• Licensing requirements for scaffolding
• HWSA - Scaffolding checklist
• HWSA - Suspended Scaffolding - site visit checklist
• Domestic construction - controlling falling risks while working on roof framing
• What penalties apply under the Workplace Health and Safety Act 1995
• Scaffolding Code of Practice 2009
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.