Two companies and a company director have been fined a total of $147,000 and ordered to pay WorkCover’s legal costs after a worker fell around 3.4 metres at a residential building worksite in Western Sydney.

MRD Future Homes (Aust) Pty Ltd (MRD) is a small construction company, which was contracted to build three two-storey townhouses under the same roof span in Canley Heights.

MRD then subcontracted J & M Costa Enterprises Pty Ltd (J & M Costa) to complete electrical work at the site.

On 3 December 2009, the building work was nearing completion when a 22-year-old electrician working inside one of the townhouses fell through an opening on the first floor. 

He fell on to the concrete floor below, suffering severe head injuries including multiple brain haemorrhages, a fractured left collarbone and several spinal fractures.

A WorkCover investigation began and MRD, MRD’s director, and J & M Costa were each charged with a breach of the Occupational Health & Safety Act 2000. 

The investigation found that at the townhouse the open stairwell opening was without any fall protection.

MRD pleaded guilty, was fined $70,000, and ordered to pay WorkCover legal costs.

MRD’s director pleaded guilty, was fined $7000, and ordered to pay WorkCover’s legal costs.

J & M Costa pleaded guilty, was fined $70,000, and ordered to pay WorkCover legal costs.

WorkCover NSW’s acting General Manager of Work Health and Safety Division Peter Dunphy said given the circumstances, any fall through the stairwell opening was likely to be very serious, and the risk should have been better managed.

“There was a clear lack of safety in this instance. Had there been adequate safety measures in place to stop someone from accidently falling through this opening, these serious injuries would probably never have happened.

“It’s even more serious that these safety measures are very simple. There was no fall protection, that is, there was no handrail, void platform or other kind of barrier.”

“This is an important reminder of the need to maintain proper safety protocols. These companies did not do this and as a consequence a young man has been very seriously injured,” Mr Dunphy said.

WorkCover will work with the companies to ensure that the same mistakes are not made in the future.