Unsafe builder and scaffolder fined at same job site

Convictions and fines totalling $62,000 have been handed to two Melbourne companies for unsafe scaffolding and construction practices on the same site.

Whineray Consulting Pty Ltd, trading as Topscaff Scaffolding, was found guilty of three charges, including two of failing to provide and maintain a safe workplace and one of failing to ensure people other than employees were not exposed to risks posed by scaffolding at the Oslo Apartments Project in Bentleigh East.

The court heard scaffolding at the site was seen leaning towards overhead powerlines during wind gusts that peaked at 57 km/h on 6 October 2016. Plywood had also been attached to the outside of the scaffolding, increasing the chances of it collapsing in strong winds.

WorkSafe Victoria found Topscaff had failed to calculate wind and impact loads on the scaffolding and had not obtained engineering advice to address the risk.

It was fined $45,000 and ordered to pay $4699 in costs.

At a separate hearing, B Central Construction Pty Ltd pleaded guilty to failing to provide and maintain a safe workplace by not providing adequate protection for pedestrians passing below the building as it was under construction.

The court heard a site inspection conducted by WorkSafe in August 2016 found there was no overhead protection, exclusion zone or alternative path provided.

At the time, structural work on the third level was overhanging the footpath, exposing pedestrians to falling objects.

It was fined $17,000 and ordered to pay $4089 in costs.

Both hearings, which concerned separate issues on the site, were heard at the Moorabbin Magistrates’ Court.

WorkSafe Acting Executive Director Health and Safety Paul Fowler said erecting safe scaffolding should be a top priority at all building sites.

“Scaffolding failures can have catastrophic consequences for both workers and the general public,” Fowler said.

“Employers must protect workers from the risk of falling from height, and workers and the general public would rightly expect that when they pass by a building under construction they will be protected from falling objects.

“As these prosecutions demonstrate, WorkSafe will not wait for a tragedy to occur before it takes enforcement action on serious safety breaches.”

WorkSafe Victoria provided the following tips for maintaining safe scaffolds:

• Ensure scaffolding is erected by an appropriately trained/licensed person.
• Induct all workers into the site rules for scaffolds, such as a ban on unauthorised modifications/alteration.
• Provide warning signs and barriers to restrict access to incomplete scaffolds.
• Use scaffolding only for the purpose for which it was designed.
• Identify, remove or replace damaged scaffolding.
• Maintain ‘no go zones’ around power lines during scaffold erection and dismantling activities.
   

Image credit: ©stock.adobe.com/au/Matt Kunz