Ausko Design Constructions Pty Ltd, Oh Haan Constructions Pty Ltd and Oh Haan Constructions Pty Ltd Director Mr Ju Sik Oh have been fined $100,000, $15,000 and $90,000 respectively in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
These proceedings arose from an incident on 5 October 2023, when a worker was seriously injured after falling about six metres from an unsafely constructed scaffold.
Ausko Design Constructions pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 (the Act) for failing to comply with its health and safety duty to workers under section 19(1) of the Act.
Mr Oh, who was the sole director and site foreman, pleaded guilty to an offence pursuant to section 32 of the Act for failing to comply with his health and safety duty under section 28(b) of the Act.
The full judgments against Ausko Design Constructions Pty Ltd, Oh Haan Constructions Pty Ltd and Mr Oh can be read on the NSW Caselaw website at SafeWork NSW v Ausko Design & Construction Pty Ltd; SafeWork NSW v Oh Haan Constructions Pty Ltd; SafeWork NSW v Oh.
Ausko Design Constructions, Oh Haan Constructions Pty Ltd and Mr Oh have the right to appeal against their sentences.