Defective lifting equipment death leads to record $1.75 million fine

The highest fine ever imposed under Western Australia’s workplace safety laws has followed the death of a work who was struck by a falling structural steel column. The incident occurred in July 2024 at a large industrial construction site in Malaga. The construction company (currently in the process of liquidation) has been engaged by principal contractor to erect structural steel, including standing columns.

The steel columns were erected by crane using a series of lifting devices to a designated rag bolt assembly, then further secured by a dogger and a rigger. Three of the construction company’s workers — a crane operator, a dogger and a rigger — were engaged in erecting standing columns at the site on the day of the incident.

A lifting device was applied by the dogger to the crane’s lifting chains and, in anticipation of being placed on the rag bolt assembly by the dogger and rigger, the column lifted and suspended 30 cm from the ground. The rigger entered the danger zone of the suspended column while the dogger was elsewhere on the site. The lifting device failed and the column fell onto the rigger, resulting in fatal injuries.

A “Pink Lug” was the lifting device used on the lift. It was non-proprietary and was not compliant with the Lifting Standard, not being rated or marked with its working load limit. In colour, size and attachment mechanism, it resembled other suitable, proprietary lifting devices on site. Additionally, there were no records on how long it was used for, where it was sourced from, who manufactured it, if it was ever inspected or tested or its rated capacity.

The company’s directors were aware that the Pink Lug was not rated or compliant but did not remove it from use, the court heard. The company was fined the record $1.75 million and ordered to pay $2661 in costs.

“The size of the penalty imposed in this case serves as an important reminder to have safe work procedures in place and to ensure those procedures are known and followed,” WorkSafe WA Commissioner Sally North said. “It’s common knowledge in industry that lifting devices need to be inspected regularly, rated to lift relevant loads and that the failure of lifting devices exposes workers in the fall zone to the risk of being crushed by falling objects.

“The Magistrate found that this incident was at the highest end of seriousness of offending and that the defective lifting equipment ought to have been immediately removed from site when it was identified,” North said. “The failures of the employer led to the tragic loss of this worker, and this should serve as a reminder for employers and workplace leaders to take practicable steps to make sure that workers are provided with a safe workplace, including safe lifting equipment where applicable.”

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