$25K FINE IN AHWAZ ROOFING PURE RISK CASE

In April 2024 WorkSafe received an observation report of four workers pressure washing a residential roof in Hamlyn Heights without fall protection in place. An inspector attended the workplace and observed two persons undertaking roof cleaning and gutter replacement work on the second storey roof with no fall protection.

The inspector determined an immediate risk of a fall of more than 5.5 metres and directed the persons to safely descend. One of the persons was the director of Ahwaz Roofing Pty Ltd and the other was a labourer.

The director and labourers had gained access to the second storey roof by using a portable scaffold to get onto the carport roof, then an unsecured extension ladder from there to the second storey roof. There was also an unsecured extension ladder at the side of the house for access to the first floor roof.

The inspector issued a prohibition notice to Ahwaz Roofing. It was also determined that there was no Safe Work Method Statement (SWMS) or other document in place to identify risks and the required control measures to reduce or eliminate those risks.

One week later the inspector returned to follow up the prohibition notice and was advised that an elevated work platform had been hired and that it would be used for the remainder of the gutter installation works on the second floor. Other measures such as mobile scaffolding, a boom lift and harness were also in place for use. A SWMS was completed while the inspector was at the workplace. The inspector considered the immediate risk referenced in the prohibition notice was determined to be remedied.

As part of the investigation a s.9 notice was issued to the Ahwaz Roofing. No response was received. The s.9 notice was reissued. No response was received.

The Geelong Magistrates’ Court noted that this prosecution is based on the risk to the employee and on Ahwaz Roofing’s failure to control the risk of a fall from height from the second storey roof by providing guard rails and failing to provide safe ingress and egress by providing a secured extension ladder, scaffold or an elevated work platform.

Ahwaz Roofing entered a plea of guilty and the court imposed a fine of $25,000.

Read more: https://www.worksafe.vic.gov.au/prosecution-result-summaries-enforceable-undertakings

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