Total Architectural & Building Solutions Pty Ltd

Incident description:

On 20 January 2009 a 19 year old worker sustained injuries when scaffolding he was on gave way and he fell more than six metres to the ground.

Total Architectural & Building Solutions Pty Ltd operated a business in carpentry work, and had sub-contracted to carry out work on three domestic dwellings being constructed at Point Lookout.

The defendant held obligations under s.28 of the Workplace Health and Safety Act 1995, being a person conducting a business or undertaking.

Investigation findings presented to the court included:

• two workers accessed scaffolding to undertake carpentry work
• one of the workers leant against a work platform which dislodged the scaffolding and he fell 6.7 metres onto steel reinforcing mesh
• the worker sustained a fractured leg
• the scaffolding was common plant provided by the principal contractor for the use of all trades
• the scaffolding was incomplete and should not have been in use or accessible
• the overall responsibility for the scaffolding, while resting with the principal contractor, was also with the sub-contractor after they permitted their workers to use it
• the worker made a full recovery and is still employed by the defendant.

The court heard:

• the defendant employed two workers at the construction site
• the sole director of the company was on site on the day of the incident
• the director had instructed the workers to carry out 'cladding' work
• the director did not check the scaffolding on site
• the defendant did not provide any instructions to its workers on how to inspect scaffolding
• since the incident, the defendant improved its work method statement to specifically address risks relating to working with scaffolding.

Court result:

The defendant pleaded guilty in the Cleveland Industrial Magistrates Court on 13 September 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 Bevan Manthey fined the defendant $35 000 as well as ordering investigation, professional and court costs totalling $2572.40.

In deciding the penalty imposed, Industrial Magistrate Manthey took into account the defendant had not been prosecuted previously for any workplace health and safety breach and cooperated with the investigation. He also noted the defendant had submitted extensive financial records showing it had significant debts, continued to operate at a loss and was in straightened financial circumstances and that this was a significant factor that should be considered when imposing penalty. The industrial magistrate noted that a co-obligation holder had been convicted and fined as a result of the same incident.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When deciding on and implementing control measures associated with the risk of loads falling from height while working from scaffolding, obligation holders should consider adopting and implementing daily monitoring processes to ensure that scaffolding is maintained and safe.

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

• working at heights
• building and construction
• health and safety tips
• hazards associated with scaffolding
• checklist for falls prevention
• managing risk
• employer training options
• training staff
• Scaffolding Code of Practice 2009
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.