Incidents and prosecutions show construction sector can do better

Heavy fines have been imposed in a series of WorkSafe prosecutions after serious incidents for construction industry safety failings.

Following two serious incidents last week including a falling scaffold at Glen Waverley and a crane truck at Epping that tipped while unloading a portable classroom, smashing it, WorkSafe Victoria has warned the industry as a whole to do more to ensure safety standards are maintained.

While the incidents did not result in anyone being hurt, the potential was considerable and the incidents caused much damage and disruption. The incident at Epping on Wednesday destroyed a 9 m-long portable classroom which will have to be replaced, while the collapse of a two-storey scaffold near Waverley railway station on Tuesday echoes others in Melbourne in recent years.

WorkSafe’s General Manager of Operations, Lisa Sturzenegger, said two of three recent construction industry prosecutions involved scaffolding at the site of a major collapse at Prahran in 2009.

Keilor company SMS Scaffolding faced the Melbourne Magistrates’ Court last Monday and was not held responsible for the collapse of the scaffold which injured three people and caused havoc in Commercial Road in February 2009.

WorkSafe told Magistrate Jan Maclean that SMS failed to ensure the scaffolding was stable and built in accordance with the engineering design and Australian standards. It also failed to ensure there were Safe Work Methods Statements for work undertaken on the structure. SMS also failed to provide adequate supervision for its employees at the site.

The company pleaded guilty to two charges and was convicted and fined $140,000 for failing to take care for the safety of its own employees and people other than its employees. Costs of $5536.87 were awarded to WorkSafe.

Asian Pacific Building Corporation recently faced court as the developer of the project and was convicted and fined $170,000. EGI Bricklaying was prosecuted in November last year and was fined $100,000.

Another recent prosecution resulted in a conviction and $250,000 fine for Australian Aluminium Shopfitters (in liquidation) after a worker fell seven storeys to his death in South Melbourne. The company was convicted on three charges as a result of the January 2010 incident.

Magistrate Duncan Reynolds was told a man was working from a mobile work platform called a ‘chariot’, which allowed workers to install and seal windows outside the building, when he and the device fell. WorkSafe’s investigation found a prop to stabilise the platform was not in place.

Two of the charges related to the company’s failure to control the risk of death or serious injury to the man who died, while a third related to the risks posed to members of the public who were at risk of being hit by the falling equipment.

Sturzenegger said building sites were busy and constantly changing.

“The recent prosecutions have resulted in significant penalties, and while the Australian Aluminium Shopfitters penalty will not be paid because the company is under external administration, the message to the industry is that WorkSafe takes safety incidents seriously.

“We will investigate serious incidents and prosecute where there is evidence not just to deal with individual offenders, but to also achieve general deterrence.

“These recent penalties are considerable and judges and magistrates will refer to incidents like these and the penalties imposed when dealing with similar incidents in the future.

The opportunity for industry is for all employers and workers to look closely at how safety improvements can reduce the chance of injuries so the commercial and personal risk of legal action and the associated costs can be eliminated. Sturzenegger said while WorkSafe would continue to work closely with the industry to ensure constructive outcomes, individual employers and workers had well-established legal responsibilities.

“No matter what are the pressures, dealing with hazards before a serious incident is an investment in the project, the business or the lives of your workmates or yourself.

“We frequently hear in court that there’s been some sort of cultural shift in organisations as a result of serious incidents. Unfortunately, it has generally come as a result of a death or serious injury.”