Published: 27 November 2024
Adcon Vic Pty Ltd was sentenced ex-parte at the Melbourne Magistrates' Court on Tuesday 19 November after being found guilty of one charge of failing to provide a safe workplace.
The company was also ordered to pay $6,726 in costs.
The court heard Adcon was subcontracted to build the concrete superstructure on the site and had engaged a labour hire company to operate tower cranes required for the work.
In August 2022, a dogman employed by the labour hire firm was instructed to assist in lifting and moving materials on the structure’s sixth level to an area on the same floor that was deemed an exclusion zone.
Concerns expressed by the dogman about working in the area, which was located outside the completed framework and had a number of unprotected edges, were dismissed.
As the worker was steadying the load being lowered by a crane, he took three or four steps backwards and fell from the ledge about 2.95 metres to the level below.
The worker was taken to hospital and sustained a concussion, sprained ankle and vertigo.
The court found it was reasonably practicable for Adcon to reduce the risk of falls by ensuring flagging and/or safety bollards were installed at least two metres from any live edge where a physical barrier was not practical; and to prevent anyone from entering an exclusion zone before these measures were in place.
WorkSafe Executive Director of Health and Safety Sam Jenkin said it was unacceptable to ignore the dangers of unprotected edges on construction sites.
"This case highlights the serious consequences of taking shortcuts on safety and has sadly left a worker with ongoing health battles," Mr Jenkin said.
"It is extremely frustrating and simply unacceptable that falls continue to be one of the biggest causes of death and serious injury on Victorian construction sites when the risks and the ways to manage them are so well known."
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.