Conviction for director who risked workers’ lives

The Sunshine Magistrates’ Court recently found convicted and fined Victorian construction company Ascoli Developments and its director David Gurvich for failing to comply with five legal notices that had been issued by WorkSafe at a Port Melbourne construction site in 2008. These included two prohibition notices which required work to stop immediately, because of immediate danger to workers.

Despite WorkSafe’s warnings and advice, none of the notices were complied with. When inspectors later visited a second construction site operated by Ascoli, they identified similar breaches - resulting in more notices being issued.

As a result, Ascoli Developments was convicted and fined $96,500; and director David Gurvich was convicted and fined $17,000.

“Never wait for a second warning from WorkSafe,” stated Acting Executive Director for Health and Safety Stan Krpan. “Because by this time, you’re exposing your workers to unacceptable risk. This is a situation where a director had every opportunity to meet WorkSafe’s recommendations - the inspector explained the content and the need for a follow-up visit.

“Of even more concern is that similar breaches were later identified on a second work site operated by the same company - when the director clearly knew workers were at risk.

“The two prohibition notices related to fall protection and electrocution risks. The temporary electrical switchboard exposed workers to risks of an electric shock or electrocution - it had no lockable door, no residual current devices, and leads which hadn’t been tagged and tested.

“Workers on the Port Melbourne site were also found to be working without adequate fall protection - an issue that WorkSafe takes very seriously.”