Hammered Enterprises Pty Ltd

Incident description:

On 9 August 2010, a 37 year old male and three other workers were performing re-guttering work at a commercial premises when the worker fell six metres through an unprotected skylight. He sustained injuries including fractures to his left forearm, multiple fractures to his pelvis and a fractured spine.

Hammered Enterprises Pty Ltd employed the worker full time.

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 revealed:

• prior to commencing work, none of the defendant's workers were provided with an induction or safe work method statement for the work being performed
• once the workers were on the roof, they began removing old guttering
• the roof was approximately six metres above ground
• there were a number of sections of translucent fibreglass panels, forming part of the roof surface as skylights. None of the skylights had edge protection or fall protection installed before work began
• while removing some guttering, the worker stepped onto a fibreglass section that measured approximately 1400 mm x 2500 mm. The section failed under his weight and he fell to the floor below.

Court result:

The defendant pleaded guilty in the Richlands Industrial Magistrates Court on 14 November 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 Mr Michael Halliday fined the defendant $35 000 along with professional, investigation and court costs totaling $2078.

In reaching a decision, the industrial magistrate acknowledged the defendant failed to ensure the health and safety of its employees.

In deciding on the penalty, Industrial Magistrate Halliday 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. He also noted the worker had since returned to work and continues to be employed. Since the incident, the defendant implemented new systems of work to identify risks in working from height.

Considerations for prevention:

When deciding on and implementing control measures associated with the risk of working at heights, obligation holders should consider the use of fall arrest or restraint systems and edge protection, and ensure that suitable control measures are in place when workers and others are required to work at a height.

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

• working from heights
• working on roofs and ceiling spaces
• building and construction
• site-specific Inductions
• safety plans and work method statements
• Work Health and Safety Regulation 2011
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.