Court Summary - at a glance
Being a PCBU having a duty to ensure, so far as was reasonable practicable, the health and safety of workers who worked for the PCBU while at work in the business or undertaking, working on the construction site at Alexandra Park, did fail to comply with that duty and that failure exposed workers to a risk of death or serious injury arising from falling through a penetration.
It was reasonably practicable for the defendant to have:
- Ensured that fall hazards were covered properly.
- Ensured the covering over fall hazards had warning signed placed on them identifying a potential fall hazard if removed.
- Effectively communicate the risks of identified fall hazards to other workers who had case to enter the area.
- Ensured operating procedures regarding fall hazards and penetrations were implemented.
As he was landing steel he stepped on a partially covered void in the floor of the fourth floor. The void had earlier been covered with two pieces of unsecured plywood by one of the defendant’s workers. When the victim stepped on the plywood, one of the pieces snapped and he fell through the void and hit his head on the frame around the void as he did so. This caused him to lose consciousness. He landed 3.3 metres below on the concrete floor. The fall caused him to have a seizure as a result of which he rolled and fell through another open void landing 3.32 metres below on the next floor down. He was taken to hospital but appears to have suffered no long term injuries.
Costs - $10,665.80