Fine for failing to visually identify or
communicate a hidden risk to others ...
THE CASE
WorkSafe Ducon
Pty Ltd (2016)
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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.
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Failure to update safe work
method statement leads to near miss ...
THE CASE
Workplace v Bernie Leen & Sons Pty Ltd (2016)
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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.
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