Pecuniary Penalties Claims Examples

Construction Industry - 14th Floor Fall

Breaches Involved

Sections 8(1) and 8(2) of the NSW Occupational Health and Safety Act 2000

 

Case Details

A boy who trespassed onto a construction site fell some 2.5 metres to a tiled floor from the 14th floor of an apartment building that was under construction. He sustained serious injuries including tendon damage, fractures and loss of four teeth.

The boy, entered the site from the southern boundary through a wooden fence which had fallen over or been pushed down on the day of the accident. He made his way to the 14th floor of the building using the lift that was left operations for subcontractors to use.

The boy fell through a hole in the floor of a balcony, whose cover had been removed to allow work to be performed, and had not been replaced.

The site management company was prosecuted for failing to develop and implement safety systems to address such obvious and forseeable risks. The directors of the company were also penalised as it was heard that it was their responsibility to develop and implement such safety systems and also to manage the day-to-day operations of the construction site. They were both aware that the perimeter fence was incomplete and the hole in the top of the floor of the building was not secure.

 

Resulting Penalties

»  A $82,500 penalty was imposed on the site management company

»  Penalties of $8,250 and $6,600 were imposed on the directors.

»  Each was ordered to pay the Prosecutor's legal costs.

 

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