L.U. Simon Builders Pty Ltd was fined $25,000 without conviction and ordered to pay costs of $5,461 in the Melbourne Magistrates' Court in June after earlier pleading guilty to failing to ensure the workplace was safe and without risks to health.
Rigtech Pty Ltd was fined $20,000 without conviction and ordered to pay $7,441 in costs after pleading guilty in the Melbourne Magistrates' Court last month to failing to ensure people other than employees were not exposed to health and safety risks.
In March 2022, two personnel and material hoists supplied and maintained by Rigtech were operating at the construction site, which was managed by L.U. Simon Builders.
One of the hoists featured a manual drop flap system, which was used to cover the space between the hoist and the building to allow trolleys to roll smoothly onto each level.
As the hoist ascended, the steel drop flap weighing approximately 12 kilograms fell from the hoist between 13-15 storeys to the ground, landing about two metres from a worker in the loading bay below.
WorkSafe's investigation found the manual drop flap was not attached to the hoist in any way and required the hoist operator to remove the plate and place it inside the hoist before ascending or descending to other levels.
On the day of the incident, the regular hoist operator was not at work and the replacement operator forgot to retrieve the drop plate before ascending to the upper floors.
The court found L.U. Simon Builders failed to reduce the risk of falling objects by providing a hoist that included a drop flap that was either a fixed drawbridge plate or a manual plate that was attached to the internal wall or roof of the hoist by chains or lanyard system.
It was also reasonably practicable for Rigtech to have completed an inspection report or risk assessment at the time of installation that required workers to inspect the drop flap to check that it was either a fixed drawbridge plate or an attached manual plate; and to have advised of any rectification works that were required if the plate was not attached to the hoist.
WorkSafe Executive Director of Health and Safety Sam Jenkin said more than a hundred Victorian workers were seriously injured by objects falling from construction sites every year.
"In this case, both companies failed to take action over the obvious risk posed by the unattached drop plate and it could have had catastrophic consequences for those on the ground," Mr Jenkin said.
"The construction industry is inherently high risk and WorkSafe will continue to take strong action against employers not doing everything they can to protect workers and others, even when an injury has thankfully not occurred."
To manage the risks associated with falling objects in the construction industry, duty holders should:
- Eliminate the risk through off-site assembly of equipment that would otherwise be performed at an elevated edge.
- Isolate the risk with barricades or fencing to create exclusion zones at ground level.
- Implement engineering controls such as installing perimeter safety screens or nets, overhead protection gantries, enclosed perimeter scaffolding, and restraining loose material.
- Use administrative controls such as lines markings and signage to advise lanyard systems are to be used on tools, monitoring the possibility of windy weather, and ensuring good housekeeping practices.
