Ballarat Construction Company Fined $25,000 For Unsafe Scaffolding

A Ballarat construction company has been convicted and fined $25,000 for ignoring WorkSafe directions to fix unsafe scaffolding at a Mount Clear worksite.

The company was found guilty in the Ballarat Magistrates’ Court of two offences relating to a failure to provide a safe workplace and a failure to comply with a WorkSafe prohibition notice.

It was also ordered to pay $2897 in costs.

The court heard that WorkSafe issued the company with a prohibition notice in May 2016 after an inspector observed incomplete scaffolding, with missing planks and gaps in the handrails, at a site in the Ballarat suburb of Mount Clear. 

The notice required that the scaffolding not be used until the safety issues were addressed.

When a WorkSafe inspector returned to check that the notice has been complied with, he observed a person working from the same incomplete scaffolding.

The court heard that two subcontractors said they were directed by a company representative to work on the roof of the construction, and were not aware there was a prohibition notice in respect to the scaffolding.

WorkSafe Head of Operations and Emergency Management Adam Watson said the idea that a construction company would ignore a directive to fix a safety issue as critical as scaffolding was abhorrent.

“Falls are one of the most common causes of death and serious injury among construction workers. You don’t have to fall from a great height to be killed or suffer permanent injuries at a worksite,” Mr Watson said.

“Given the risks it’s quite disturbing to think that anyone would ignore a specific WorkSafe directive to make scaffolding safer.”

Employers should control the risk of injury through falls from height by ensuring:

• The installation of passive fall prevention measures such as railings and scaffolding.

• Workers perform their tasks within a safe area.

• Safety equipment is used to minimise the risk of injury if there is a fall.

• That workplace layout, access requirements, training and experience levels and on-site conditions are taken into account when the risk of falls is assessed.

For peace of mind, contact ISOsafe. Our specialists provide training, support and Safety Policies tailored for businesses Australia-wide. 

State Insurance Regulatory Authority (SIRA) Update - Business owner admits offence

A Hunter hospitality provider ran afoul of the law when she realised her public liability insurance did not cover her workers compensation liabilities.

She rang SIRA and explained her predicament, having been misled by the broker she used and trusted when she set up her business five years prior.

The business had been uninsured for a substantial period of time in a high-risk industry which recorded more than 18,000 injuries, more than 250 permanent disabilities and eight deaths in the past three years.

Sarina Tranter, Director of SIRA Compliance, Enforcement and Investigation, said SIRA dealt seriously with uninsured employers who avoided premiums to obtain a commercial advantage over other businesses.

“NSW has a safety net for workers in the event they are injured and their employer is uninsured,” Tranter said.

“The uninsured worker can make a claim through icare’s uninsured liability section. And while normal benefits apply to these claims, there are heavy penalties for employers. In addition the employer is liable for the cost of the claim.”

The hospitality provider faced the prospect of paying double premiums for up to five years, a fine of up to $55,000 and/or imprisonment for up to six months.

In determining appropriate enforcement action, SIRA’s investigators considered mitigating factors including the employer’s self-disclosure, cooperation and remorse, and ordered her to pay a more lenient three-year ‘avoided premium penalty’ of $18,000.

SIRA’s investigators also contacted the broker involved and reiterated the broker’s obligation to provide legally sound advice.

Workers compensation is required by law under section 155 of the Workers Compensation Act 1987.

SIRA’s Compliance, Enforcement and Investigations team identifies uninsured NSW employers, which often becomes apparent when an employee is injured.

The unit also leads projects targeting high risk industries to make sure employers are aware of their obligations under the Act so they can avoid penalties.

Workers compensation, return-to-work and injury management is complicated at the best of times, if you are unsure about your duties as a manager or business owner contact us today on 1300 789 132 for expert advice.