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Court Summary - at a glance
Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Seyedmohsen Nejadmousavi, while the workers were at work in the business or undertaking, namely while carrying out painting work on the roof of the junior block at Glen brae Primary School, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury from a fall from height.
It was reasonably practicable for 360Group Limited to have:
- Carried out an adequate assessment of the roof to ensure appropriate controls were in place, for example a covering over the clear light and edge protection across the roof, prior to painting work commencing.
- Communicated information, instructions, and supervision requirements to the workers regarding the painting work to be carried out on the roof at the site.
There was no edge protection or coverings to ensure the victim did not fall through the clear light roofing.
Consequential loss - $17,625 (split with Shakthi Construction Limited)
Costs - $1,117.57
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