Built Tech Hoardings (BTH), a commercial carpentry business, was contracted by ICON to modify a construction site entrance gate by extending its width but failed to properly secure it.
When an employee of another contractor tried to close the gate, it travelled along its track but failed to stop, subsequently running beyond the support hurdles. This caused the gate to dislodge inwards, fall on a parked excavator, and then land on the ground, trapping the worker by her ankle.
The injured worker tried to use a nearby radio on the ground to call for help, but it was not working. She screamed for help and was heard by nearby workers who rushed to her aid, removing the gate and pulling her to safety.
The injured worker was transported to Alfred Hospital after approximately 2.5 hours, where it was determined she had sustained a dislocated and broken left ankle, bruising, and some other minor injuries.
After being notified of the incident, a WorkSafe Inspector found a steel stopper had been removed during works and not replaced. Despite inspecting the gate the day before, BTH failed to notice the missing part.
The court charged BTH with failing to maintain safe work systems, leading to risks for non-employees. Specifically, they neglected to have a qualified engineer inspect the gate before it was put back into use.
The company pleaded guilty and was ordered to pay $40,000 plus costs, without conviction.