Pecuniary Penalties Claims Examples

Construction Industry - Concrete Planks

Breaches Involved

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

 

Case Details

During construction of a residential development at Rhodes, the last of a series of concrete floor planks was lifted into their final position by a cradle of steel chains. It was found to be too wide for it's allotted opening and was temporarily placed on an adjacent plank causing it and three other planks to collapse. A supervisor employed by a subcontractor, who was working underneath at the time, was killed.

The principal contractor was charged with breaching of sections 8(1) and 8(2) of the NSW Occupational Health and Safety Act 2000 by failing to undertake adquate calculations to determine the load-beaing capacity of all parts of the structure; allowing work to be carried out underneath the installation of the concrete planks and failing to ensure that people working at heights wore harnesses or were otherwise protected by some other appropriate system of falls arrest such as the use of safety net scaffolding.

 

Resulting Penalties

»  A $160,000 penalty was imposed on the contractor who was also ordered to pay the Prosecutor's costs.

 

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