Company fined over employee death

DANDENONG-based FRH Victoria has been fined $120,000 by the County Court because it failed to provide “safe systems of work” for an employee who died on site.
Judge Damian Murphy said Dandenong-based FRH Victoria Pty Ltd was responsible for the death of 29-year-old Frankston labourer Grant Cocks in Pakenham as it failed to provide written or verbal work instructions or job sheets and job safety assessments (JSAs).
Judge Murphy found Mr Cocks would not have died if the company followed procedures that were reasonably practicable to implement.
FRH Victoria Pty Ltd pleaded guilty to two counts of failing to provide safe systems of work. The plea was entered after the trial had run for three days.
The company was convicted on both counts and fined $120,000 on 23 November.
Mr Cocks fell into the Henry Road, Pakenham, sewer while repairing access steps.
The judge rejected the company’s claim that Mr Cocks was responsible for his own death, saying safety failings had developed over time which led to a reliance on employees’ discretion in matters relating to safety.
Judge Murphy said the only inference that could be drawn was that Mr Cocks and a co-worker were at Henry Rd to repair the steps leading into the sewer.
They had been provided with a compressor and drill which were later used to attempt to repair the steps.
Judge Murphy said the company had not:
– Produced a job sheet outlining the work to be done or the location of the job so that emergency services could be called if needed;
– Provided the two workers with a job safety analysis (JSA) which would have described the work to be done and the steps needed to ensure it was done safely; or
– Obtained from South East Water the proscribed entry permit to access the sewer into which Mr Cocks fell.
WorkSafe executive director John Merritt, said job safety assessments were a simple and common means of identifying the controls needed to eliminate hazards in the construction industry.
“They can prevent tragedies like this,” he said.
“They can help spare individuals and families pain and suffering.
“They can spare companies significant commercial consequences.”