Painting contractor fined after worker sustains multiple leg fractures
A painting contractor has been fined $12,000 in the Rockhampton Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (The Act), involving a failure to comply with their primary health and safety duty.
The contractor had been engaged to undertake painting works, some of which were at height, at a school in Monto, approximately 240 km south of Rockhampton.
To access heights, the contractor provided a six-metre-long trestle plank he owned and had previously used.
On 7 December 2022, an apprentice employed by the contractor erected the plank between two trestle ladders under the direction of a co-worker.
Despite the trestle being marked with a manufacturer’s recommendation noting a maximum span of 3 metres, the span of the plank was between 5 and 5.5 metres.
While painting an external wall and the soffit, the plank snapped, and the co-worker fell.
The fall caused him to sustain multiple fractures to both legs, requiring surgery.
During the subsequent DWHS investigation, an engineer was engaged to review the causes of the plank failure.
The engineer’s report noted numerous deficiencies, including:
- Cuts to the plank, which compromised it’s structural integrity;
- Notches contributed to the plank splitting;
- Additional stress results from the weight of the worker and the span.
The Court also determined that the contractor had failed to adopt a number of reasonable measures, including:
- Identifying and eliminating defective planks;
- Ensuring workers were familiar with and complied with the manufacturer’s recommendations;
- Providing training and instruction to workers.
In imposing a fine of $12,000, Magistrate Grace Kahlert noted the defendant’s early guilty plea, cooperation with the investigation, lack of criminal history, and the assistance provided to the injured worker.
No conviction was recorded.
Individual fined $12,000 after worker sustained fractures to both legs | owhsp
For queries about safety, prosecutions, or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 0417 622 178, 1300 WAL LAW or via email to dean.cameron@workforceadvisory.com.au.
Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.
Ref: 490.0225
