WorkSafe Victoria v Shangri-La Construction Pty Ltd (2015)

Facts

In the course of constructing a multi-unit residential project for Shangri-La Construction, the crane crew was loading a pack of prefabricated beams from the west side to the east side of the first floor. A crane crew member went to the upper level to assist another worker with landing the load. He climbed an access ladder on a scaffold and stepped on a rafter that had not been properly affixed.

The rafter collapsed and the worker fell approximately 3 metres. As a result of the fall, the worker sustained leg fractures and a head laceration.

Judgment

The Magistrates’ Court in Melbourne convicted the business for failing to maintain the workplace under its management and control in a condition that was, so far as reasonably practicable, safe and without risks to health. The Court imposed a fine of $20,000.

Lessons

If you are involved in the management of third parties, such as contractors, you need to implement effective systems of supervision to ensure that one contractor does not expose another to the risk of injury.

Please note: Case law is reported as correct and current at time of publishing. Be aware that cases in lower courts may be appealed and decisions subsequently overturned.