On Wednesday 4 February, the Melbourne Magistrates' Court heard Westurban Construction Pty Ltd had entered into an enforceable undertaking while facing three charges of failing to provide and maintain a working environment that was safe and without risks to health.
WorkSafe may reinstate the charges if the undertaking is contravened or withdrawn.
Westurban was engaged as the principal contractor to build four townhouses at the site and subsequently engaged various contractors to complete the work alongside employees.
In June 2023, WorkSafe inspectors attending the workplace issued an improvement notice after observing works being undertaken close to an unprotected live edge without any fall protection measures in place.
Further improvement notices were issued for the failure to provide safe access to the upper floors of the townhouses under construction and the risk of slips, trips and falls from rubbish and construction debris at the workplace.
The notices were subsequently complied with.
WorkSafe alleges the company failed to eliminate or reduce the risk to workers by using a passive fall prevention device, such as scaffolding, and by ensuring workers only gained access to the first floor of the townhouses via a secured ladder.
The estimated $218,000 undertaking requires Westurban to:
- Support university research into the precursors to adverse safety incidents in the building and construction sector and produce scenario-based training materials to be provided to WorkSafe for publishing.
- Produce and publish educational safety videos concerning safe work method statements and fall from height hazards.
- Develop a mobile phone application to be made publicly available for free and include features such as safety checklists, incident reporting and management, and hazard and control tracking.
WorkSafe Chief Health and Safety Officer Sam Jenkin said principal contractors played a critical role in ensuring the health and safety of everyone working on a construction site.
"While employees and contractors have obligations to protect both themselves and others, they rely on systems and processes being in place for their health and safety," Mr Jenkin said.
"Falls from height in particular continue to cause needless tragedy in construction so it's encouraging to see meaningful steps have been taken since our intervention to prevent harm on this site and across the wider industry."
To prevent falls from height employers should implement the highest possible measures from the five levels in the hierarchy of controls:
- Level 1 Eliminate the risk by, where practicable, doing all or some of the work on the ground or from a solid construction.
- Level 2 Use a passive fall prevention device such as scaffolds, perimeter screens, guardrails, safety mesh or elevating work platforms.
- Level 3 Use a positioning system, such as a travel-restraint system, to ensure employees work within a safe area.
- Level 4 Use a fall arrest system, such as a harness, catch platform or safety nets, to limit the risk of injuries in the event of a fall.
- Level 5 Use a fixed or portable ladder, or implement administrative controls.
To ensure good housekeeping on construction sites, employers should:
- Ensure all pathways, corridors, stairways and ramps are in good condition and free of debris, tools, and materials.
- Implement a regular and planned waste removal system to ensure work areas remain uncluttered.
- Designate specific areas for deliveries and storage of equipment and materials, ensuring items are stacked properly to prevent falling.
- Organise electrical cables, hoses, and wires, taping or covering them to prevent tripping hazards.
- Maintain adequate lighting in all work areas.
- Keep site facilities, such as toilets and meal areas, clean and regularly serviced.
- Provide supervision to ensure housekeeping practices are followed and problems are promptly rectified.
