Archive for category News

Source Workcover NSW: Quoted.
2/03/2011
A Penrith based construction company and its director have been fined a total of $275,000 and ordered to pay WorkCover’s legal costs after large foundation holes drilled by the company were improperly secured resulting in the death of a nearby resident in 2008.

The company was engaged to build three townhouses. The company was fined $250,000 and its director was fined $25,000.

The company and director pleaded guilty before his Honour Justice Staff of the NSW Industrial Court to a breach of section 10(1) of the Occupational Health and Safety Act 2000 after WorkCover began prosecution proceedings.

On 12 August 2008 a contractor for the company was drilling pier-holes into the ground around half a metre in diameter by around two metres deep.

After drilling about 17 pier-holes the workers hit a sewer pipe and rang the director to advise him of the situation. The director attended the site and arranged for a perimeter security fence to be installed. The fence did not arrive for two days.

The NSW Industrial Court heard that the only other safety precaution put in place before workers left the unsecured site at around 5pm that first night was a safety tape around the perimeter of the premises. The holes remained uncovered.

The WorkCover investigation determined that some time during the evening a local man, who was a resident of the street and lived within metres of the development, fell into a hole at the site and suffocated.

In handing down its finding the Court held that:

•The defendants failed to properly secure the site with perimeter fencing;
•The defendants failed to carry out an adequate risk assessment to determine the level of risk posed by leaving the premises unsecured and by leaving pier holes exposed;
•The defendants failed to prepare a site safety plan which accounted for the risk of unauthorised access and working with exposed pier holes; and
•The defendants failed to have a system in place to adequately supervise sub-contractors.
WorkCover NSW’s General Manager of Work Health and Safety Division John Watson said the judgement sends a strong message and reinforces the importance to maintain constant vigilance and take all practicable precautions to ensure workplace safety.

“There was an obvious risk to the safety of this person and other residents in this street and steps should have been taken to prevent the incident and resulting death,” Mr Watson said.

“Safety should be the highest priority for all employers, particularly for those working in the construction industry.”