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CASE LAWS

Fine for failing to visually identify or communicate a hidden risk to others ...

THE CASE

WorkSafe Ducon Pty Ltd (2016)

On 5 April 2012, a concrete pumping truck set up its outriggers on a capping beam next to a construction site where Ducon Pty Ltd was principal contractor for a 36-storey apartment building project.  Within the capping beam was a ventilation shaft that Ducon had covered with a 100mm layer of concrete.  This was done to prevent people from falling into it, but was deemed unsafe because it could be penetrated by heavy plant, and because this risk was not identified in any way.

The left rear outrigger of the contract pumping truck penetrated the shaft, causing the truck to tip over the boom to come down, hitting an adjacent scaffold.  A worker standing on the scaffold suffered serious injuries, including a fractured spine.

WorkSafe Victoria alleged that the employer breached the Occupational Health and Safety Act 2004 (Vic) (OHS Act) by failing to visually identify and/or barricade the location of the ventilation shaft.

The Verdict  

The Court found there was a real and obvious risk of serious injury or death to a person if the shaft was penetrated.  Ducon was found guilty and fined $50,000 plus costs of $20,000.  

The Lesson  

Employers must ensure they do not create further hazards or risks in the working environment; in particular, risks that are obscured from others. If such risks are created, it is critical they be clearly identified and that other controls are put in place, such as warnings, barricades and exclusion zones.  It is also critical to communicate the existence of risk to others.

   

Failure to update safe work method statement leads to near miss ...

THE CASE

Workplace v Bernie Leen & Sons Pty Ltd (2016)

In May 2015, a construction company engaged demolition contractor, Bernie Leen & Sons Pty Ltd (Bernie Leen), to demolish a section of old buildings.  The demolition work was high-risk construction work and Bernie Leen was required to prepare and follow a safe work method statement (SWMS).

On 13 May 2015, workers were removing metal gates weighing approximately 800kg from the building.  However, the SWMS failed to adequately deal with the risks to health and safety after the gates were cut from their frame.  An excavator was used to hold one side of the gates in place, but they fell in the opposite direction, narrowly missing the site foreman who had used his oxy tool to cut the glass free.  

The Verdict  

Bernie Leen was fined $2,500 without conviction and ordered to pay court costs of $2,251.  

The Lesson  

Businesses involved in high-risk construction work should be aware that the obligation to prepare an SWMS extends to revising the SWMS if necessary to ensure that risks during all stages of the activity are controlled.

 
  This article is © 2015 Portner Press Pty Ltd and has been reproduced with permission of Portner Press, Australia. It was first published in the Health & Safety Handbook close window

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