Property developer and director fined after fatal scaffolding fall

A NSW property development company and its director have been fined a total of $133,000 and ordered to pay WorkCover’s legal costs after a labourer fell to his death from scaffolding at a Cabramatta construction site.

John Medich was a director of Lubo Medich Holdings, which in 2007 was redeveloping an existing property that included reroofing, repainting and new plumbing.

The company and the director pleaded guilty to two charges each in the Sydney Industrial Court to breaching the Occupational Health and Safety Act 2000.

The court was told that a 63-year-old labourer sustained fatal injuries when he fell 5.8 m from scaffolding while he was removing paint and plumbing from a two-storey building. The man was standing on poorly built and unsafe scaffolding while using an electric drill to remove plumbing pipes from the wall of the building when he fell.

WorkCover’s investigation found that the company and its director had failed on numerous counts to supply a safe working environment for their workers. The scaffolding was not properly built and was missing horizontal and diagonal bracing, affecting its strength and stability. The scaffolding also had no fall protection such as handrails.

The deceased man was not provided with, or instructed to wear, any safety equipment such as a helmet or harness. He was inexperienced and had not received adequate training, instruction or information from the defendants.

No risk assessment had been carried out.

In handing down her findings, Justice Frances Backman said the risk of a fall was obvious, describing the system of work as “patently unsafe” and construction of the scaffold as “seriously deficient”.

Her Honour added that falls from height occur with alarming regularity and “employers engaged in work at construction sites must be put on notice that inattention to safety matters which expose the workers at the site to danger will be met with severe sanctions”.

She noted the early pleas of guilty, the absence of any prior convictions, the good character of Medich and the safety improvements taken by the company since the incident when fining the company $122,000 and Medich $11,000.

WorkCover NSW’s General Manager of Work Health and Safety Division, John Watson, said safety for workers should be the highest priority for all employers, especially for those working on construction sites: “The safety of workers must always be the top priority for employers. You need to select scaffolding that is suitable for the task and is provided with adequate reinforcement for the scaffolding’s support structure so it’s stable.

“Employers also need to provide on-site workers and subcontractors with adequate information, instruction, training and supervision.

“Most importantly, you need to use a competent person to erect, alter and dismantle the scaffolding, especially if someone or something can fall more than 4 m from it.

“There was a serious risk to the safety of this worker at the site and steps should have been taken to prevent the incident and resulting injuries. The message is an important one: Work Safe, Home Safe.”