Builder fined over structural collapse

The collapse of a steel structure that injured three workers and endangered a fourth has resulted in an Adelaide construction firm being fined $20,000 by the SA Industrial Relations Court recently.

M Dekker Constructions had already pleaded guilty to one count of breaching Section 19(1) of the Occupational Health Safety and Welfare Act 1986, in failing to ensure its employees were safe from injury, and one count of breaching section 22(2) of the Act relating to the safety of others on the site. SafeWork SA prosecuted after investigating the incident, which occurred in March 2006.

The employer was contracted to build a large workshop on the site, which involved the erection of steelwork. At the time of the incident, cranes were being used to lift roof panels onto the structure.

SafeWork found that after one of the cranes had positioned its load in place, a gust of wind rendered the steel framework unstable resulting in the collapse of the roof section, columns and other surrounding steelwork. Three employees involved in the task suffered injuries including vertebrae and limb fractures, lacerations and psychological trauma.

An engineer’s report found the primary cause of the collapse was a lack of bracing for the structure, which was in contravention of the approved Code of Practice for the safe erection of structural steel work.

Industrial Magistrate Michael Ardlie said the company had safety procedures in place “but those … proved to be deficient in the circumstances that prevailed”.

In deciding penalty, Magistrate Ardlie said he took into account the company’s poor financial position, early guilty plea and cooperation with authorities.

Accordingly, from a notional fine of $90,000, he imposed a penalty of $20,000.

SafeWork SA Acting Executive Director Bryan Russell says clear guidance on safely completing this task was readily available under the relevant Code of Practice: “These codes provide practical guidance on how to meet obligations under workplace safety laws. They should always be followed unless another solution which achieves the same or a better standard of health and safety in the workplace is possible.”