Pecuniary Penalties Claims Examples

Construction Industry - Prohibition Notice

Breaches Involved

Section 21(1) of the 1985 OHS Act (VIC)

 

Case Details

A site manager directed a plasterer, with no scaffolding experience to erect some scaffolding beneath the roof of a four story school building. A Worksafe inspector declared the scaffolding to be unsafe. The next day the manager directed the plasterer and the builder's labourer to remove the scaffolding, during which some iron sheeting was removed, creating a hold in the roof.

The workers continued to work around the hole, with the labourer subsequently falling through it. He fell through existing insulation, creating a further hole, before falling three meters onto the concrete floor below and suffering injuries that kept him off work for a week.

The next morning the site manager asked the plasterer to finish off the job, without first putting into place any further safety instructions or measures. He did this until two union officials arrived at the site and stopped work on the roof due to safety concerns. A WorkSafe inspector later issued a prohibition notice, stopping work on the site at heights where a person could fall two metres or more.

 

Resulting Penalties

»  A penalty was imposed on the construction company in the sum of $35,000
    It's appeal from the severity of the penalty was dismissed by the Appeal Bench of the Victorian County Court and     commented that the penalty could have been higher.
    It was ordered to pay the Prosecutor's costs of the hearing and the appeal.

 

All claims examples provided by DLA Phillips Fox

 

More information for brokers:

•  Return to the Pecuniary Penalties claims examples page

•  Return to the Palladium Management Liability Insurance main page

•  For all other queries please contact the Coverforce Underwriting team on 1-3000-COVER