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Failure to enforce an exclusion zone proves costly

A construction company has been fined $100,000 after it allowed work to take place in an exclusion zone where there was a substantial risk of falls from height (WorkSafe Victoria v Adcon Vic Pty Ltd).

In 2022, Adcon Vic Pty Ltd was constructing a building and engaged labour hire workers to operate tower cranes at the site. In August, a labour hire worker was dogging a load of materials from the 6th level of the building to another section of the level, which was an exclusion zone as it was near a live edge. The worker raised with the leading hand his concern that the materials should not be dropped in an exclusion zone. However, the leading hand ignored this comment and went ahead, authorising the drop of materials in the exclusion zone.

As the materials were being placed in the area, the worker placed his hand on the chain to guide the landing. While doing this, the worker took a few steps back and fell almost 3 metres over the edge of the floor, suffering concussion, vertigo and a sprained ankle.

In sentencing the company, the Court found that it had failed to prevent and reduce the risk of injury at the workplace by failing to enforce the exclusion zone, including by putting in place safety bollards. Workers should also have been prohibited from entering the exclusion zone until all of these safety measures were implemented.

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