Schintta Building Group Pty Ltd have been fined a total of $80,000 after being found guilty of five charges of failing to provide a safe workplace across two separate construction work sites.
In October 2022 WorkSafe inspectors visited a two-storey townhouse development where they observed subcontractors working more than three metres off the ground from a scaffold that was missing planks and guardrails. Platforms over internal stair voids were also found to be constructed of inadequate materials that could collapse under the weight of workers, and access to the second storey was via an unsecured ladder.
In May 2023 WorkSafe inspectors visited a second site at which Schintta Building Group was constructing four double-storey townhouses and found similar issues. Workers were observed about six metres off the ground working from a scaffold with missing guardrails, planks and scaffold tags, while the lap boards were unsecured and there were gaps of more than 225mm between the scaffold and the townhouses. Each townhouse also had open, unprotected stair voids and access via an unsecured A-frame ladder.
The court found that it was reasonably practicable for Schintta Building Group to have maintained a system of work to ensure the safety of employees by –
- providing a solid construction when working at heights
- providing a passive fall protection device such as perimeter guardrails or using a fall arrest system such as harnesses
- installing a stair void fall protection system and a secured ladder
- maintaining a system of work for traversing the split-level slabs that did not allow workers to walk across an unsecured plank
- providing workers with a secured plank and/or level stairs that incorporated a secure handrail and appropriately sized treads
What makes this case interesting is that it is a prosecution that did not involve an incident or injury and it is a welcome addition to the case law, reinforcing that employers under the OHS Act are prosecuted for failing to control risks rather than the outcomes of failing to control risks.
WorkSafe Executive Director of Health and Safety Sam Jenkin said it was incredibly disappointing that workers had been repeatedly put in dangerous situations across both sites.
"The ways to properly manage the risk of falls are no secret and readily available so employers have absolutely no excuses if they leave their workers at risk."
Read more: Builder fined $80,000 for failing to manage risk of falls | WorkSafe Victoria
