Worker's Fall Leads to $60K Fine for Firm

WorkSafe

Iron Up Australia Pty Ltd was sentenced in the Ringwood Magistrates' Court on Thursday 10 April after earlier pleading guilty to a single charge of failing to ensure a workplace under its management and control was safe and without risks to health.

The company was also ordered to pay $4,311 in costs.

The court heard that Iron Up had been engaged to supply and install steel framing for two double-storey units under construction in Mount Waverly.

In January 2023, four contractors were working on the upper storey when an uninstalled steel frame fell over, knocking a worker to the ground 3.2 metres below.

The worker suffered a compound fracture in one arm, as well as fractures in his other arm and nose, requiring multiple surgeries and causing ongoing physical, psychological and financial difficulties.

Prosecutors told the court that there was no fall protection around the upper floor perimeter, or any void protection on windows or stair voids at the time of the fall.

The court also heard that a contractor told WorkSafe investigators he had raised concerns about the lack fall protection before the incident but was told to install the frames without it.

It was reasonably practicable for Iron Up Australia to reduce the risk of serious injury or death from a fall by installing on the upper floors a guard rail system or perimeter scaffolding, and void protection with access ladders; and to have a Safe Work Method Statement that identified specific control measures and who was responsible for implementing them.

WorkSafe Acting Executive Director of Health and Safety Adam Watson said there was no excuse for blatantly ignoring safety concerns, especially when it came to well-known and relatively simple to control hazards such as falls from height.

"It is outrageous to think that even after a worker raised concerns about the lack of fall protection the company still failed to take the necessary steps to keep workers safe," Mr Watson said.

"As a result of this failure to implement the most basic and well-known safety measures, a worker has suffered horrific long-term injuries from a fall that could and should have been prevented."

The principal contractor Design N Build Pty Ltd and site supervisor Auspun Network Pty Ltd have also been charged in relation to the incident and will appear at Ringwood Magistrates' Court on 12 June.

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.
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