Max Scaff Pty Ltd and Camillo Builders Pty Ltd were sentenced in the Melbourne County Court today, after earlier pleading guilty to a single charge each of failing to ensure that persons other than employees weren't exposed to health and safety risks.
Max Scaff was convicted and fined $160,000 while Camillo Builders was convicted fined $240,000.
Camillo Builders was the principal contractor for the housing development and had engaged Max Scaff to supply, install, inspect and maintain scaffolding at the site.
The court heard that in August 2021, a carpenter died in hospital from head injuries consistent with a fall of more than two metres, after he was found unconscious on the ground below scaffolding at the site.
A board from the scaffolding above the worker and the tie bar that would normally have kept it in place were lying on the ground near where he was found.
Prosecutors told the court there was a risk of unauthorised interference with scaffolding at the site between 4 June and 2 July 2021.
Max Scaff employees had on several occasions witnessed parts of the scaffolding either being removed or missing.
This included a worker finding multiple ties removed, before shutting off access to the affected area of scaffolding, then reporting, inspecting and rectifying the breach.
Workers also reported incidents of plasterers removing hand rails from scaffolding and hand rails being found on the ground to Camillo Builders' site safety representative.
Camillo Builders additionally warned window installers that they would be removed from the site if they interfered with scaffolding again, after it was reported they had removed several hand rails.
The court heard Max Scaff and Camillo Builders failed to reduce the risk of serious injury or death by providing a system for shutting off all levels of scaffold where interference was detected until after it was inspected by a qualified inspector.
It was also reasonably practicable for Camillo Builders to investigate each reported incidence of unauthorised scaffolding interference, including an incident report with recommendations for corrective action.
WorkSafe Executive Director Health and Safety Sam Jenkin said scaffolding played a vital role in protecting workers from falls, but only if it was correctly installed, inspected and maintained throughout its use.
"There is clear evidence that during the period of offending not enough was being done to prevent and respond to repeated interference with scaffolding at this site," Mr Jenkin said.
"The fact that a horrific fatality cost the life of a young worker at this site only months after these breaches were detected demonstrates the notorious and grave nature of the risk to which workers were exposed."
To minimise the risk of death or injury when altering scaffold, duty holders should:
- Consult the scaffold supplier/designer before making any alterations.
- Ensure a system of work is in place that only allows a suitably competent person(s) to alter scaffold.
- Only alter scaffold in accordance with the scaffold plan or manufacturer's specifications.
- Ensure alterations do not compromise the scaffold's structural integrity.
- Have systems in place, such as regular inspections, to identify unauthorised interference with the scaffold.
- Use anti-tamper devices to prevent unauthorised alterations.
