In a recent decision by the Industrial Relations Commission, a Sydney company (Black Cat Roofing), has been found guilty of workplace safety breaches and fined $120,000. The Company Director has also been personally fined $15,000 after Anton Simic fell through a roof in 2006.
Anton Simic, 43 yrs of age, was on the first day of his job as an roofing labourer on the 21st of September2006. The court heard evidence that Mr. Simic had minimal experience in
working on roofs including asbestos roofs.
At approximately 7.45 am that day, Mr. Simic, whilst
working on the warehouse roof, fell through an asbestos roof sheet and
the wire mesh beneath it, falling approximately 7.5 metres onto the
concrete floor below. At the time there were no anchor
points or safety lines on the warehouse roof and Simic was not provided
with a safety harness. No personal protective equipment was provided to
Simic.
Mr. Simic suffered multiple fractures of
the pelvis (requiring surgery and insertion of screws), a fracture of
the right forearm, multiple fractured ribs on the left side, fractures
to the L3 and L5 vertebra and extensive damage to 6 anterior maxillary
teeth, including both front teeth (requiring extensive orthodontic
procedures).
He was admitted to Liverpool Hospital on the day of the
incident and discharged on 27 October 2006 (36 days later) to the
Metropolitan Rehabilitation Hospital and discharged from their care on
7 December 2006 (41 days later). After discharge Simic underwent
intensive physiotherapy and hydrotherapy treatment to increase his
physical capacity.
Mr. Simic passed away on 6 May 2008.
Key court findings: The presiding Judge was scathing of the company in question, citing clear negligence in the events that lead to this tragic incident. The Judge outlined that, "
The Occupational Health and Safety Act
requires all employers to be diligent and proactive to ensure all
safety at their worksites. Management of the corporation did not ignore
the necessary protections. Its pre-existing safe work method statement
specifically referred to the need for appropriate harness equipment.
The failure to ensure appropriate attachments was a failure of the
sub-contractor it was contended. However the corporate defendant was
the head contractor who sub-contracted the task of the removal of
asbestos sheeting and the installation of new roofing sheets and it
failed to properly supervise its sub-contractor."
Comment: All business owners and major contractors should pay careful attention to this case. We continue to have fatalities and serious injuries from employees and contractors falling from height. In the majority of these cases the companies have been seriously negligent in providing a safe place of work.
Business owners need to reflect carefully on their current work practices.
Going forward:
Are you really taking workplace safety seriously?
Can your company afford the financial cost (normally over $100,000), the reputational cost and moral cost. What can someone say to the wife and child of a person killed on the job?
