Menai Civil Contractors Pty Ltd has been fined $69,750 in the Industrial Court of NSW after pleading guilty to a category 3 offence under the Work Health and Safety Act NSW 2011.
SafeWork NSW prosecuted the civil construction company following a workplace incident on 11 November 2022 where a worker fell nearly 4 metres from a bridge abutment.
Menai Civil was engaged as the principal contractor at a construction site at Huntley, New South Wales where the worker was employed to undertake formwork stripping.
At the time of the incident, the worker was positioned at the top of the southern abutment, using an extension ladder to attach wire chains between a 26-tonne excavator and form soldiers.
The worker was not wearing a harness when carrying out this work, as the steel to anchor it was on the opposite side of the abutment.
The court found that the risk of a worker falling from height while stripping formwork was known to Menai Civil and it had a duty to ensure its subcontractors were following safe systems of work. Its failure to do so was inconsistent with a proactive or systematic approach to safety.
Menai Civil was convicted of failing to meet its duty to ensure the health and safety of its workers.
Falls from heights remain a leading cause of traumatic injuries and fatalities at NSW workplaces, with most occurring in the construction industry.
SafeWork NSW continues to prioritise the safety of workers at heights, with falls from heights listed as the first item in its 2025-26 regulatory priorities to prevent or reduce the risk of death, injury and illnesses in NSW workplaces.
Find information about how to stay safe while working at heights.
Quotes attributable to SafeWork NSW Commissioner Janet Schorer:
"Falls from heights are a primary cause of serious injuries and fatalities across workplaces in the state.
"Having the court recognise the risks that contributed to this incident reinforces that safety obligations are not optional and proactive risk management is crucial in keeping workers safe.
"SafeWork NSW remains committed to supporting industry and workplaces to keep their workers who are at height safe and encourages any business with workers exposed to heights to complete the 'working at heights in construction safety checklist' to keep employees safe at work."
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