Formwell (Qld) Pty Ltd

Incident description:

On 4 March 2010, a male worker sustained injuries when a formwork deck collapsed and he fell.

Formwell (Qld) Pty Ltd was engaged by Principal Contractor Pradstruct Pty Ltd to erect and dismantle formwork at a construction workplace located at Duncan Street, West End. The construction work comprised of building multi-level low-rise residential apartments.

The defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995, being a person conducting a business or undertaking, namely erecting and dismantling formwork.

The investigation findings presented to the court revealed:

• the company employed a number of workers at the construction workplace
• the company received instructions to dismantle formwork on level 2 at the construction site
• some of this formwork was to remain to provide a platform deck, as a newly constructed concrete deck did not extend fully across this floor level, due to a number of 'step-ins' that formed part of the construction plans
• the principal contractor knew some of the deck was to remain in place, as did the formwork company supervisor
• the formwork supervisor did not relay this information to the formwork crew
• the crew stripped out the platform deck that was supposed to remain. This deck was not supported underneath
• the injured person walked out on to the deck platform and it collapsed. The worker sustained a spinal fracture.

Court result:

The defendant pleaded guilty in the Brisbane Industrial Magistrates Court on 14 October 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 Sheryl Cornack fined the defendant $32 000 as well as ordering investigation, professional and court costs totalling $2573.10.

In reaching a decision, the industrial magistrate acknowledged the defendant failed to effectively communicate to its workers which part of the formwork was to be dismantled and which part was to be left. Due to miscommunication, formwork was dismantled when it should have been left in place.

In deciding on a penalty Industrial Magistrate Cornack 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 formwork collapse, 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 formwork collapse, obligation holders should consider implementing systems of work that ensure formwork is erected and dismantled in an orderly and safe manner. Importantly, such systems should be clearly communicated to workers and safety checks and inspections conducted throughout the progress of work to ensure that each stage advances without workers being exposed to the risk of formwork collapse.

Proper communication from Principal Contractors to sub-contracted trades is vital on construction sites. Workers, particularly those involved in assembly and removal of plant or equipment which is to be used by different trades or people, must know precisely what is to be done.

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

• building and construction
• health and safety information for construction
• Formwork Code of Practice 2006
• construction industry hotspots
• managing risk
• employer training options
• training staff
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.