Published: 12 July 2024
Watertank Solutions Victoria Pty Ltd was sentenced in the Ballarat Magistrates' Court on Friday 5 July after pleading guilty to two charges of failing to provide and maintain a safe system of work.
The company was also ordered to pay $3,960 in costs.
The court heard Watertank Solutions Victoria was engaged to repair, drain and clean an in-ground tank at a Yendon property, including removing and replacing the tank's metal roof.
The concrete tank was approximately 2.1 metres deep, with the outer wall sitting 45 centimetres above the ground, and the apex of the peaked metal panel roof about 3.1 metres from the base of the tank.
In April 2022, workers were using metal planks balanced across the tank's outer wall and roof apex to access and remove the roofing panels, without any fall protection in place.
Two workers, one standing on a plank at the roof apex and another on the ground at the edge of the tank, were trying to shake one of the panels free when they fell.
The worker on the ground fell head-first into the tank, suffering serious head and neck injuries resulting in paraplegia, while the worker who fell from the roof suffered a shoulder injury.
A third worker climbed into the tank and helped the worker whose shoulder was injured to hold their semi-conscious colleague's head out of the water, before using a ratchet strap to pull him out.
WorkSafe inspectors attended and found there was no safe work method statement (SWMS) in place as required for high risk construction work.
An investigation found it was reasonably practicable for Watertank Solutions Victoria to reduce or eliminate the risk of a fall by using passive fall prevention such as scaffolding or a fixed ladder to access the roof and a perimeter guardrail or fall arrest harness at edge of the tank.
WorkSafe Executive Director Health and Safety Sam Jenkin said there was no excuse for failing to take the notorious risk of a fall from heights seriously.
"In this case, the employer failed to take even the most basic of precautions for working at heights and, as a result, one man has suffered catastrophic and life-changing injuries," Mr Jenkin said.
"This is a serious breach of the employer’s duty to take every reasonable step to keep workers safe – particularly when working with well-known hazards such as heights of two metres or more."
To prevent falls from height employers should implement the highest possible measures from the five levels in the hierarchy of controls:
- Level 1 Eliminate the risk by, where practicable, doing all or some of the work on the ground or from a solid construction.
- Level 2 Use a passive fall prevention device such as scaffolds, perimeter screens, guardrails, safety mesh or elevating work platforms.
- Level 3 Use a positioning system, such as a travel-restraint system, to ensure employees work within a safe area.
- Level 4 Use a fall arrest system, such as a harness, catch platform or safety nets, to limit the risk of injuries in the event of a fall.
- Level 5 Use a fixed or portable ladder, or implement administrative controls.
When undertaking High Risk Construction Work (HRCW), duty holders must:
- Ensure HRCW is not performed unless a Safe Work Method Statement (SWMS) is prepared.
- Ensure that once a SWMS has been developed, all HRCW work is undertaken in accordance with that SWMS.
- Stop work immediately, or as soon as it is safe to do so, once they become aware a SWMS is not being followed.
- Review the SWMS whenever there is a change in the work being undertaken or if there is an indication that control measures are not adequate.