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Law

Company hit with $40k fine after ‘blatant disregard’ resulted in an injured worker

By Kace O'Neill | |5 minute read
Company Hit With 40k Fine After Blatant Disregard Resulted In An Injured Worker

A steel fabrication and installation company has been convicted and fined $40,000 after continuing to put the health and safety of its employees at risk on a Geelong construction site.

NJ Steel Fabrications has been sentenced in the Geelong Magistrates Court after failing to protect its workers from risk at the workplace.

The company pleaded guilty to three charges of failing to provide and maintain a safe workplace, as well as another charge of failing to provide information, instruction, and training to its staff.

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The company had been engaged to provide structural steel works for an alfresco dining area in a retail area in Geelong. It was also engaged with the installation of steel and plastic roofing sheeting.

Back in January 2022, two workers were standing on top of a steel structure installing roof sheets when one worker fell straight through a gap, falling close to four metres onto the ground below.

The worker sustained several injuries, including bleeding on the brain, a fractured pelvis, numerous fractured ribs, lacerations to his liver and kidney and bleeding associated with his adrenal gland.

After WorkSafe inspectors attended the scene of the incident, it was discovered that there was no safe-work method statement on site, as the one that had previously been prepared for the installation was not reviewed and revised to address the high-risk construction work being performed.

There was also a failure to address the fall height, as zero prevention measures were being used, and none of the workers on site were experienced or trained in working at heights.

It was the court’s decision that it was reasonably practicable for the company to install fall prevention devices, such as guard railing and safety mesh. There was also no training provided to the staff who were tasked with scaling these heights to complete their job tasks, and they were not warned about the hazards and risks of working at such heights.

In February 2022, the inspectors returned to the site and found the company’s director and another worker on the roof doing a similar job task, once again, without internal fall prevention measures in place.

Within the hour of WorkSafe inspectors leaving the site, the director was again observed working on the roof without adequate fall protection.

WorkSafe executive director of health and safety Sam Jenkin said the company’s habitual and blatant disregard for the safety of workers was inexcusable.

“It is no secret that there is simply no safe way to work from heights without the appropriate training and fall prevention measures in place,” Jenkin said.

“It beggars belief that this company still failed to install adequate controls to ensure the site was safe even after the risk had eventuated and a worker had suffered serious injuries.”

The court found that NJ Steel Fabrication failed to control the risk of fall height by decorating safety mesh to the entire roof area of the structure.

Along with the $40,000 fine, the company was also ordered to pay $8,375 in costs.

RELATED TERMS

Employee

An employee is a person who has signed a contract with a company to provide services in exchange for pay or benefits. Employees vary from other employees like contractors in that their employer has the legal authority to set their working conditions, hours, and working practises.

Kace O'Neill

Kace O'Neill

Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.