Company fined over owner’s fall injuries

An Industrial Magistrate has fined a roofing company over safety shortcomings that resulted in serious injuries to the company’s owner and managing director, an aspect he described as “highly unusual”.

Aluwalk Pty Ltd had already pleaded guilty to one count of breaching section 19(1) of the Occupational Health, Safety and Welfare 1986, in failing to ensure the safety of employees while at work. The charge arose from SafeWork SA’s investigation into an incident in the Adelaide Hills in 2007.

Three employees of the company were engaged in re-roofing an 18 m wide storage tank. During a pause in the work, the managing director, who was also the supervisor on the job, took a mobile phone call. In the course of the conversation, he wandered along the roof onto an unsupported roof sheet, which gave way beneath him.

The man fell six metres to the floor of the tank, suffering a fractured pelvis, ribs and a punctured lung. He returned to work within eight weeks, but Industrial Magistrate Stephen Lieschke said he has no doubt the man will continue to suffer ongoing disabling effects from his injuries.

SafeWork SA’s case was built around the lack of follow up of the safety procedures already in place by the company, and Magistrate Lieschke said it was important to separate out the role of the injured man as the managing director and as an employee.

“…it was very important that the safe work procedures were strictly implemented and adhered to. It was, in fact, a straightforward system that could easily have been better maintained on the day.”

In his penalty decision, Magistrate Lieschke said the safety procedures, which included a ban on taking mobile phone calls while on the roof, should have been documented and verbally reinforced to all workers before work began and during any breaks.

He recorded a conviction and fined the company $3000, reduced from $20,000 in response to the company’s early guilty plea, cooperation with authorities, remedial action and diminished financial position.

Commenting on the case, SafeWork SA Acting Executive Director, Juanita Lovatt said the incident serves as an important reminder to all employers of the need to not only implement safe systems of work, but to ensure those systems are maintained and followed by everyone every day, adding: “Make it your habit to think safety before the job starts, and as an integral part of your working day.”