Builder fined $70,000 after worker falls through floor

Caelli Constructions (Vic) Pty Ltd was sentenced ex-parte at the Melbourne Magistrates' Court on Wednesday 27 November after being found guilty of single charge of failing to provide a safe workplace.

The company was also ordered to pay $7,317 in costs.

The court heard that Caelli had been subcontracted to perform works during the construction of a cancer centre on St Kilda Road.

In February 2023, a carpenter employed by the company was working on a mezzanine level marking out formwork when the unsupported plywood floor gave way, causing him to fall and become lodged in the scaffold below.

WorkSafe's investigation found that the beams underneath the plywood formwork had been removed, and that without the scaffold, the worker could have fallen two levels to the ground.

The worker was taken to hospital for scans but did not sustain any serious injuries.

The court found it was reasonably practicable for Caelli to have ensured the plywood flooring on the mezzanine level was supported by joists or beams; or to have implemented a procedure or process that required inspection of the flooring to ensure there were no unsupported areas, and signage that prohibited workers from accessing areas with unsupported flooring.

WorkSafe Executive Director of Health and Safety Sam Jenkin said construction remained one of Victoria's most dangerous industries, particularly when it came to the risk of falls.

"It's an employer's legal duty to put in place appropriate risk control measures, and those who fail to do so will face the consequences," Mr Jenkin said.

"This worker was extremely lucky to escape serious injury, but incidents like this often end in tragedy and having the right measures in place can literally be the difference between life and death."

To prevent falls when working with formwork employers should:

• Ensure a competent person produces a formwork design capable of supporting the expected dynamic and static loads.
• Have systems in place to formally sign off a formwork deck as structurally sound, complete and safe for other trade workers to use as a work platform.
• Provide employees undertaking construction work with site specific training, including the onsite risks associated with formwork decks.
• Ensure High Risk Construction Work is not performed unless a Safe Work Method Statement is prepared and followed.
• Use a fall arrest system, such as a catch platform or safety nets.

For more information visit worksafe.vic.gov.au/resources/construction-safety-focus-formwork