A construction company has been fined $150,000 after a labour-hire worker was left paraplegic when he fell from a ladder while using a chainsaw to remove a tree branch at a Victorian construction site.
IntraAust Properties Pty Ltd was the principal contractor on a Carrum Downs construction project where they employed the labour hire worker. IntraAust assigned one of their employees to be the supervisor and HSR for the workplace.
In May 2024, a day before the incident, the supervisor identified that a 6m gum tree branch, approximately 4.5m above the ground, needed to be removed to allow a concrete truck to access an area where a concrete slab was to be poured.
After discussing the task with the labour hire worker, it was agreed that the worker would bring his personal chainsaw to the site to remove the branch. Although the worker had some experience cutting branches near his home, he was not a qualified arborist or tree removal specialist.
Significantly, the discussion between the supervisor and worker did not address how the branch would be safely accessed nor did it identify any of the hazards associated with cutting it down. No safe work method statement (SWMS) was prepared, and no elevated work platform or other suitable equipment was organised.
On the day of the incident the supervisor instructed workers to make the site accessible for the concrete truck. The worker set up a 3.7m A-frame ladder and began to cut the branch whilst standing high on the ladder. After removing several sections of the branch another section swung down and struck the ladder, causing the worker to fall head-first to the ground. He suffered a spinal column dislocation and was rendered paraplegic.
The Court found IntraAust had failed to implement reasonably practicable measures to control the risks of falling branches and falling from height. These included engaging a qualified arborist or providing an elevated work platform or telescopic chainsaw that could be operated from the ground.
The incident also highlighted a significant failure of supervision. The supervisor knew the worker intended to undertake a dangerous tree-removal task using a chainsaw but failed to establish how it would be performed safely, failed to ensure that suitable equipment was available, and failed to prevent the use of an inappropriate access method. Simply relying on a worker's previous experience was not an adequate substitute for assessing the risks and providing appropriate supervision.
The branch removal constituted high-risk construction work, requiring a SWMS before work commenced. Completion of a SWMS in consultation with workers would likely have identified the hazards and available controls.
Describing the offending as a serious breach of s.21 of the OHS Act and a substantial departure from the company's statutory duties, the Court imposed a $150,000 fine with conviction on IntraAust.
The maximum applicable penalty value for a breach of s.21 of the OHS Act at the time of the incident was approximately $1.73 million.
The Victorian Government has finally responded to the Sentencing Advisory Council’s 12 recommendations for reform regarding the sentencing of OHS offences in Victoria and has legislated to increase maximum penalties for aggravated breaches of Section 21 of the OHS Act. The Government accepted the recommendation to increase all general duty in-principle’ however there is no clear implementation timeline on this reform.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria