Pecuniary Penalties Claims Examples

Construction Industry - Formwork Failure

Breaches Involved

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

 

Case Details

A sub-contractor on a shopping centre construction site was engaged in the process of dismantling formwork when a piece of formply board and a piece of timber five metres in length fell from the site and struck a car that was stopped below. A passenger in the car suffered minor injuries.

The sub-contractor was charged with breaching sections 8(1) and 8(2) of the Act by failing to ensure a safe system of work or provide adequate supervision.

The principal contractor was also charged with breaching section 8(2) of the Act for allowing work to be undertaken before overhead protective structures had been completed.

 

Resulting Penalties

»  A $75,000 penalty was imposed on the sub-contractor

»  A $95,000 penalty was imposed on the principal contractor

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

 

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