$78K fine after temporary guardrail collapse saw worker fall three metres

After an incident on 23 June 2023 in which a worker fell three metres from a partially installed staircase in the Adelaide CBD, a construction company has been fined $78,000.

The worker, an employee of a company contracted to tile walls, floors and stairs at the work site, fell after leaning on a temporary guardrail on a partly installed external staircase. It collapsed, resulted in the fall onto a canopy frame above the ground floor.

As a result of the fall, the worker sustained fractures to sternum, ankle, vertebrae and several lacerations.

Installed at the top of the external staircase had been live edge protection (LEP) in the form of a temporary timber beam and orange plastic mesh. The beam had been secured with two metal screws attaching it to a vertical metal column at one end and wedged against a precast concrete wall at the other end where it was held in place by friction alone, SafeWork SA said. The LEP failed to support the weight of the worker.

For failing to provide safe system of work, the company was charged with a category 2 offence under section 32 of the Work Health and Safety Act 2012. Sentenced this month in the South Australian Employment Court — the result of a SafeWork SA prosecution — the company pleaded guilty.

“The presence of the timber guardrail gave the impression of being secure and being able to be relied upon,” Deputy President Judge Calligeros said in sentencing remarks. “It gave a false impression that it was reliable and able to be leant on safely.

“While the LEP was a short-term safety measure, it is not surprising that a timber guardrail screwed securely at one end but simply wedged into a concrete wall at the other end, came loose and fell when weight was applied to it.”

A conviction was recorded and the company fined $130,000, which was reduced by 40% to $78,000 for its early guilty plea and previous good safety record. The company was also ordered to pay a contribution to SafeWork SA’s legal costs of $1210, and a Victim of Crime Levy of $424.

“Falls from height still remains one of the most significant causes of serious injury, and this incident demonstrates how quickly things can go wrong when controls are not properly implemented,” SafeWork SA Executive Director Glenn Farrell said.

“If a guardrail is installed, workers must be able to rely on it to take a specified load. Anything less creates a false sense of security and places people at serious risk,” Farrell added. “Duty holders must ensure fall prevention systems go beyond just looking to be effective, they must be properly designed, installed and maintained. Cutting corners on safety can have devastating consequences.”

Image credit: iStock.com/nuttapong. Stock image used is for illustrative purposes only.