Fine over two-metre fall more than tripled on appeal
A bricklaying company has been fined $110,000 on appeal after a worker was seriously injured in a fall at a residential construction site in Keysborough.
At the Victorian County Court, WW Masonry Pty Ltd’s fine was more than tripled from the original magistrates’ court sentence of $32,500 with conviction.
On 21 November, the County Court convicted and fined WW Masonry $80,000 for failing to provide a safe workplace and $30,000 for failing to comply with an improvement notice.
In February 2023, a bricklayer suffered fractured vertebrae, a collapsed right lung and bruises and grazes to his head and body after hitting the ground head-first.
As he attempted to climb down from a scaffolding’s upper deck, he lost his grip and fell backwards towards the building.
He landed on a lower deck one metre below and then a further two metres through a 58-centimetre gap between the deck and building.
The worker required surgery for his injuries and was in a halo brace for six weeks.
WorkSafe alleged it was reasonably practicable for WW Masonry to have installed mid rails on the side of the scaffold adjacent to the building gap, which was a requirement under Australian Standards.
Mid rails on the external facing edges of the scaffold were also missing, along with scaffold ties, kickboards and lap boards in various locations.
WorkSafe inspectors also issued an improvement notice for WW Masonry’s safe work method statement (SWMS) to specify what workers should do in the absence of guard railing.
However the company failed to provide any evidence of compliance.
WorkSafe chief health and safety officer Sam Jenkin said the appeal outcome sent a strong message to employers about the importance of fall prevention.
“Devastatingly, hundreds of construction workers are seriously injured or killed in falls every year, yet some employers don’t seem to see such tragedies as reason enough to take the necessary steps to keep workers safe.
“Fall prevention is a top priority in WorkSafe’s strategy to reduce deaths and injuries and we will continue to fight for the strongest possible penalties against those who disregard their legal duties and endanger workers’ lives.”
The site’s principal contractor Saw Constructions Pty Ltd is also facing charges in relation to the incident.
It will next appear in Melbourne Magistrates’ Court on 9 February.
