A plasterer and sole trader operating as ‘Smooth Interiors’ was hired a construction company to perform plastering work at townhouses in Rosebud. He recruited labourers from Gumtree. One worker, responding to the ad, was engaged to assist with site cleaning and odd jobs in August 2018.
The labourer attended the workplace but, after two hours of work, fell approximately 3.2 meters through a first-floor stair void of the rear townhouse, sustaining life-threatening head injuries. He was transported to the Alfred Hospital by air ambulance but died the following day after life support systems were turned off.
The stair void did not have any guard railing or fall protection in place at the time of the incident. Additionally, the plasterer did not have a Safe Work Method Statement (SWMS).
The plasterer was charged with contravening section 24(1) of our OHS Act because, as a self-employed person, he failed to ensure that individuals were not exposed to risks arising from his business activities. Specifically, he breached regulation 327 by requiring the labourer to perform high-risk construction work without having a SWMS in place.
Despite being remorseful and having no prior offenses, he was fined $8,000, reduced from $12,000 due to his guilty plea. The judge noted the severity of the breach, the plasterer’s responsibility, remorse, and the devastating impact on the victim's family and friends.