A construction company has been fined a record $1.75 million over the death of a worker, the highest fine ever imposed under WA's workplace safety laws.
A construction company has been fined a record $1.75 million (and ordered to pay $2661 in costs) over the death of a worker who was struck by a falling structural steel column, the highest fine ever imposed under WA's workplace safety laws.
AR Constructions (currently in the process of liquidation) pleaded guilty to failing to ensure the health and safety of a worker and, by that failure, causing his death and was fined in the Midland Magistrates Court on Monday.
AR Constructions had been engaged by principal contractor Glask Construction to erect structural steel, including standing columns, at a large industrial construction site in Malaga in July 2024.
In order to erect the steel columns, they were moved by crane using a series of lifting devices to a designated rag bolt assembly, then further secured by a dogger and a rigger.
On the day of the incident, three AR Constructions workers - a crane operator, a dogger and a rigger - were engaged in erecting standing columns at the Malaga site.
The dogger applied a lifting device to the crane's lifting chains, and the column was lifted and suspended 30cm from the ground in anticipation of being placed on the rag bolt assembly by the dogger and rigger.
While the dogger was elsewhere on the site the rigger entered the danger zone of the suspended column. The lifting device failed and the column fell onto the rigger, resulting in fatal injuries.
The lifting device used on the lift (a "Pink Lug") was non-proprietary and was not compliant with the Lifting Standard, not being rated or marked with its working load limit. It resembled other suitable, proprietary lifting devices on site in colour, size and attachment mechanism.
In addition, there were no records on how long it was used for, where it was sourced from, who manufactured it, if it was ever inspected or tested or its rated capacity.
The court heard that the company's directors were aware that the Pink Lug was not rated or compliant but did not remove it from use.
WorkSafe Commissioner Sally North said the case should send a message to employers on the importance of ensuring that all equipment used is safe and fit for use.
"The size of the penalty imposed in this case serves as an important reminder to have safe work procedures in place and to ensure those procedures are known and followed," Ms North said.
"It's common knowledge in industry that lifting devices need to be inspected regularly, rated to lift relevant loads and that the failure of lifting devices exposes workers in the fall zone to the risk of being crushed by falling objects.
"The Magistrate found that this incident was at the highest end of seriousness of offending and that the defective lifting equipment ought to have been immediately removed from site when it was identified.
"The failures of the employer led to the tragic loss of this worker, and this should serve as a reminder for employers and workplace leaders to take practicable steps to make sure that workers are provided with a safe workplace, including safe lifting equipment where applicable."
