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NSW Fair Trading has taken action against GN Residential Construction after the collapse of scaffolding killed a worker in 2019.
The company had its contractor licence permanently disqualified, and director Nicholas Kodomichalos received a 10-year disqualification for the April 2019 collapse that killed 18-year-old Christopher Cassaniti.
“I extend my deepest sympathies to the families of those affected by this tragic incident. The conviction and disqualification should serve as a warning to all contractors to maintain a strong focus on safety on their worksites,” said Minister for Work Health and Safety Sophie Cotsis.
“An independent review is underway into SafeWork NSW, including its effectiveness of compliance, enforcement and education.”
GN Residential Construction pleaded guilty in November 2020 at the District Court of NSW to breaches of the Work Health and Safety Act 2011.
Mr Cassaniti was fatally injured after overloaded scaffolding collapsed, weighing more than 18 tonnes. Ties that held the scaffolding to the building were also found to have been removed.
Anoulack Chanthivong, Minister for Better Regulation and Fair Trading, hopes this decision will set a precedent for other companies.
“This tragedy will be felt for years to come. I extend my deepest sympathies to everyone impacted,” said Mr Chanthivong.
“This enforcement action should be a warning to those doing the wrong thing, you will be held to account.”
The court found that the absence of the building ties would have been noticed if an inspection had been conducted. The last inspection occurred a month before the accident.
This may have inspired SafeWork’s latest initiative, which will see surprise inspections carried out over the next 12 months to encourage safe practices and prevent deaths from occurring.
“My message is this: expect an unannounced visit from an inspector who will throw the book at anyone breaking the law,” explained Ms Cotsis.
“There is zero tolerance for putting worker safety at risk. The government together with employers and unions have an important role to play to better protect workers. We have to end this ‘she’ll be right mate’ mentality.”
GN Residential Construction has now been convicted and fined $900,000. NSW Fair Trading’s Disciplinary Action Unit (DAU) then made the decision to take Mr Kodomichalos’ licence away, under the Home Building Act 1989. The organisation has been permanently disqualified from holding any authority under the same act.
This announcement comes not long after a Sydney engineering company was fined $600,000 for a work-related death.
Buddco was fined $600,000 after contractor Craig Tanner was trapped and killed by a mixing blade in a commercial ink tank.
“SafeWork NSW is committed to ensuring workplaces across the state are operating at the highest possible standard to ensure workers are safe while working to prevent an incident like this ever happening again,” said SafeWork NSW head Natasha Mann.
“Devastating outcomes like this should serve as a reminder for other companies to provide their workers with the safest possible working environment to ensure they make it home safe at the end of each shift.”
Jack Campbell
Jack is the editor at HR Leader.
