A construction company has been fined $750,000 and its director fined $45,000 after a worker fell 2.2 metres into an unfinished swimming pool on a site. The worker, who was employed by another business on site, suffered a severe head injury resulting in ongoing health issues.
The fall occurred when scaffolding protecting the pool was removed to allow further work, leaving a clear fall hazard. Despite the risk being noted in the site’s safety plan, no effective controls were in place at the time of the incident.
The company pleaded guilty to failing to ensure workers were not exposed to hazards, while the director pleaded guilty to neglect as a director.
The Consequences:
Falls from height remain one of the most common and serious causes of workplace injuries across all industries, not just construction. WA has had a Code of Practice for the Prevention of Falls since 2004 (reissued in 2022), which provides practical guidance on eliminating or reducing fall risks. Directors and managers can be personally fined if they fail to meet their duties. Penalties for WHS breaches are significant, and WorkSafe is prepared to prosecute when risks are ignored.
Key Takeaways:
For small businesses, the lessons are clear:
- Conduct a thorough risk assessment before work starts, especially for jobs involving height, edges, pits, or drops.
- Documenting a risk in a safety plan is not enough, put controls in place and keep them in place. Don’t remove scaffolding, barriers, or covers without replacing them with another form of protection.
- Know your duties as a business owner or director. You are legally responsible for ensuring safe systems of work.
- Follow the Code of Practice for falls and other hazards relevant to your industry. It provides practical, WorkSafe-approved steps.
- Record and review. Keep documented evidence of your safety assessments, controls, and checks in case inspectors come knocking or an incident occurs.
This case is not just about construction; it’s a reminder to all businesses that identifying risks isn’t enough; you must control them. The costs of ignoring hazards can be devastating for workers, and the penalties for businesses and directors are now higher than ever.
Whether you need help setting up safe systems or verifying that they’re working correctly, we’re here to support. If you’d like to learn how ProcessWorx can assist with Human Resources or Work Health & Safety, please contact us on 08 9316 9896 or enquiries@processworx.com.au. Also watch an Introduction to ProcessWorx.
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