A construction company has been fined $50,000 and ordered to pay WorkCover’s legal costs after a 54-year-old man sustained serious injuries from falling almost four metres at a building site in Western Sydney.

On 28 August 2009, a labourer was moving building materials at a construction site in Auburn as part of the 22-unit residential development.

The labourer was moving materials between the ground and second floors when he fell almost four metres through an exhaust hole in the ground floor on to the concrete floor below.

The man suffered severe head injuries, tissue damage and bruising and required emergency surgery at Westmead Hospital to relieve pressure on the brain caused by a brain haemorrhage.

WorkCover’s investigation found the failure to implement and maintain safety procedures, such as covering or sectioning off the exhaust hole with barricades, resulted in the serious injuries.

In particular the company:

  • Failed to ensure that the exhaust hole was securely covered;
  • Failed to conduct an inspection of the hole to ensure that it was securely covered;
  • Failed to warn persons about the risk of falling through the exhaust hole when working in the immediate vicinity;
  • Failed to conduct a risk assessment regarding working in the vicinity of an open unsecured hole and failed to implement appropriate control measures to address these risks.

Austar Constructions Pty Ltd was charged with breaching the Occupational Health & Safety Act 2000. The company pleaded guilty and was fined $50,000 by the Industrial Court of NSW.

WorkCover is carrying out prosecutions against a number of companies and individuals following this incident. Aleksic Carpentry Pty Ltd, a carpentry company that does timber door frames, window frames and other work in the construction industry and its director have been fined a total of $125,000. Multiplus Group Pty Ltd has entered a guilty plea with sentencing planned for the end of this year. Two site managers have also pleaded guilty, judgements have been reserved.

WorkCover General Manager John Watson said the incident demonstrated a seriously inadequate safety system.

“What is particularly unfortunate about this case is that there were simple and well-known steps the site manager could have taken to prevent these sorts of accidents from happening,” Mr Watson said.

“It is critically important that all people involved in the work are provided with appropriate training and instruction, and that the company provides adequate supervision.”

This prosecution is one of a number in relation to this matter. Judgment has been made against one company and another individual. The six remaining matters are still before the court.