H & S Vision Building Services Pty Ltd

Incident description:

On 3 June 2009 a worker was exposed to the risk of falling while undertaking roof work.

On 3 June, 2009 H & S Vision Building Services Pty Ltd had control over the construction of houses at Kewarra Beach.

The court found the defendant held obligations under s.28 of the Workplace Health and Safety Act 1995 being a person in control of a business or undertaking.

A person was installing valley flashings on the roof trusses of a house. The trusses were installed 900 millimetres apart. The exposure to the risk of injury from falling occurred at a point in the roof work 4.1-4.5 metres above a concrete slab. There was no protection in place to prevent falling.

The investigation findings presented to the court revealed:

• there were four obligation holders, being two partners, a contractor and a worker
• there was a work method statement in place that was not adhered to by any obligation holder.

Court result:

The defendant pleaded guilty in the Cairns Industrial Magistrates Court on 30 August 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 Suzette Coates ordered the defendant pay a penalty of $17 000.

In reaching a decision the industrial magistrate acknowledged the defendant failed to protect people from their own foolishness.

In deciding the penalty imposed Industrial Magistrate Coates 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.)

Measures to prevent people falling any distance while working at height on roofs are prescribed in Part 20 of the Workplace Health and Safety Regulations 2008 and include:

• edge protection
• fall protection covers over openings
• travel restraint systems
• fall arrest systems
• industrial nets.

Having a work plan or a work method statement is not considered a control measure. They are documents that state what controls should be implemented arising out of the risk assessment performed.

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

• health and safety information for construction
• working at heights
• managing risk
• employer training options
• training staff
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.