John Holland faces maximum $1.5m penalty after reservoir fall charge
After a worker suffered serious injuries in a fall, John Holland Pty Ltd — which is a licensed national employer in the Comcare scheme and subject to regulation under Commonwealth work health and safety laws — has been charged with a Category 2 offence under the Commonwealth Work Health and Safety Act 2011 (WHS Act), carrying a maximum penalty of $1.5 million.
The incident
The incident occurred on 25 August 2023, south of Sydney at the Helensburgh Reservoir, where John Holland was Sydney Water’s principal contractor to complete relining and roof replacement works.
When cleaning and removing debris from the top of the reservoir, a contracted worker from an abrasive blasting firm fell more than six metres to the floor, suffering multiple fractures to his ribs and spine.
The charge
The Commonwealth Director of Public Prosecutions — following a Comcare investigation — filed a single charge alleging John Holland failed in its duties under the WHS Act.
The charge, which is a Category 2 offence under the WHS Act and carries a maximum penalty of $1.5 million, alleges John Holland failed to take a range of measures to eliminate or minimise the risks of working at height, including:
- ensuring a risk assessment was conducted and that it identified fall risks and appropriate control measures;
- directing that further control measures, such as signage, be implemented in relation to the risk of falls from internal scaffolding; and
- implementing control measures such as regular inspections to ensure handrails on scaffolding remained installed.
The matter is listed for mention in Sydney’s Downing Centre Local Court on 16 September.
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