$45K FINE FOR FALL IN APPRENTICE’S FIRST WEEKS

Highrise Enterprises Pty Ltd was engaged to perform air conditioner repairs at a double storey residential property in Springvale, when their failure to provide a safe system of work resulted in an apprentice being seriously injured in a fall just two weeks after commencing employment with the company.

In February 2023 the plumbing apprentice and a Highrise Enterprises labourer were assigned to work at a double storey property with a rear verandah of almost three metres height. The verandah roof, which was flat and consisted of laserlite and steel sheets, was being used by the workers to gain access to the second storey roof.

Whilst the labourer was climbing a ladder to the second storey roof a bottle fell from his tool bag onto the verandah roof – he then told the apprentice not to walk out on the verandah roof to retrieve the bottle, and that he would collect it later. The apprentice did walk across the roof, the laserlite sheeting broke, and the apprentice fell 2.9 metres to the ground.

The apprentice suffered injuries to his spine, ribs, hip and back, and was treated by paramedics and transported to hospital before undergoing surgery.

WorkSafe investigated the incident and charged Highrise Enterprises with contravening both s.21(1) of the OHS Act for their failure to provide and maintain a working environment that was safe and without risks to health, and r.44(4) of the OHS Regulations for failing to reduce the risk associated with a fall from height by using a fall arrest system, such as a safety harness.

We are frequently seeing employers who fail to provide adequate training, supervision or appropriate safety systems or devices, or otherwise generally failing to protect apprentices (see previous articles here and here and here and here and here, but wait…there’s more and it is endless).

In the case of Highrise Enterprises the apprentice had been working for the company for two weeks and there was no training in place for him. It was noted that the company did have a single harness available for use, however no-one had been trained or instructed on how or when to use it.

The apprentice’s injuries have had a lasting and long-term physical and psychological impact - and Highrise Enterprises have been sentenced to pay a $45,000 fine.

Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria

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