An air conditioning company and a company director have been fined a total of $140,000 (and ordered to pay $5661 in costs) over an incident in which a worker was injured when he fell through a skylight.
An air conditioning company and a company director have been fined a total of $140,000 (and ordered to pay $5661 in costs) over an incident in which a worker was injured when he fell through a skylight.
National Refrigeration Solutions Pty Ltd (NRS) - trading as Action Air Conditioning Services - pleaded guilty to failing to provide and maintain a safe working environment and was fined $120,000 in the Perth Magistrates Court on Wednesday.
Company director Kurt David Graham pleaded guilty to neglect with regard to the incident and was fined $20,000.
In December 2021, NRS was engaged to supply and instal an air conditioning system at a two-storey office building in Balcatta.
An unguarded skylight was located approximately 900mm from where NRS workers were installing the air conditioning unit, and a worker stepped back onto the skylight and fell approximately 4.1 metres before his leg struck the balustrade of the internal staircase.
When his left thigh struck the first-floor balustrade, he was deflected onto the first-floor concrete landing. He suffered a large haematoma to his thigh that later required surgery, along with bruising to his head and right knee.
Mr Graham had visited the site prior to the start of work and failed to consider that the skylight was a hazard, leading to NRS not putting measures in place to remove or mitigate the hazard.
WorkSafe Commissioner Sally North expressed disappointment with continuing cases of falls from height.
"A substantial amount of information on prevention of falls is available, including when skylights or plastic roof sheeting are involved," Ms North said.
"Skylights and plastic roof sheeting are known to be fragile and must be considered just as hazardous as the open edge of a roof.
"Comprehensive information and training on working at heights is available by way of training courses and online resources to help keep workers safe.
"Western Australia has had a Code of Practice for the Prevention of Falls at Workplaces since 2004, reissued in 2022. The code provides practical guidance to effectively manage fall risks and should be followed in all workplaces where a risk of falls exists.
"The court heard that Mr Graham had told workers to "be careful" around the skylights, but that does not constitute a control measure and will not prevent falls.
"This case is a reminder that it is the duty of anyone in charge of a workplace to eliminate the risk of falls where they can.
"Or they should use the code of practice to conduct a thorough risk assessment in consultation with workers before work begins and put controls in place to reduce the risk of injury to workers and others."
Read the Health and Safety Bulletin published in December 2024 in relation to falls through fragile roofs and roof openings .
