Court Summary - at a glance
Date of offence:
15 - 18 January 2019
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$50,000
Safety lessons learned:
Must have fall protection in place to protect workers from the risk of a fall from height.
Not to use scaffolds with scaffold tags that state “scaffold unsafe”.
Defendant name:
DHG Building Limited
Industry:
Building and construction
Date of offence:
15 - 18 January 2019
Facts in brief:
On 15 January 2019, a WorkSafe Inspector attended the defendant’s development site in Millwater. On arrival the Inspector observed a group of workers unloading timber packets from a crane directly onto the second level floor of a two storey building. The Inspector observed that there was inadequate fall protection in place to protect workers from the risk of a fall from height and there were several scaffold tags attached to the structures access points that stated “scaffold unsafe.”
The WorkSafe Inspector formed the view that the workers had been exposed to the risk of a fall from height. The Inspector issued the defendant with a prohibition notice prohibiting all work or activity on or above the second level floor plate and from the scaffold.
On 17 January 2019 while undertaking a worksite assessment nearby, the WorkSafe Inspector observed workers at the defendant’s site working from the second level of the building in breach of the prohibition notice. The Inspector went to the site and spoke to the site foreman. The site foreman advised that they needed to finish installing the floor panels as wall framing was being delivered the following morning and that he had instructed workers to finish the second level flooring. The Inspector reiterated the content and conditions of the prohibition notice.
On 21 January 2020 the prohibition notice was lifted.
The WorkSafe Inspector formed the view that the workers had been exposed to the risk of a fall from height. The Inspector issued the defendant with a prohibition notice prohibiting all work or activity on or above the second level floor plate and from the scaffold.
On 17 January 2019 while undertaking a worksite assessment nearby, the WorkSafe Inspector observed workers at the defendant’s site working from the second level of the building in breach of the prohibition notice. The Inspector went to the site and spoke to the site foreman. The site foreman advised that they needed to finish installing the floor panels as wall framing was being delivered the following morning and that he had instructed workers to finish the second level flooring. The Inspector reiterated the content and conditions of the prohibition notice.
On 21 January 2020 the prohibition notice was lifted.
Offence section:
Sections 107(1) and 107(2)(b) of the Health and Safety at Work Act 2015
Date(s) charged:
Court:
North Shore - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$50,000
Maximum fine available:
$500,000
Reparation:
Costs - $1,413.03
Related Documents:
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