Released 30/11/2018
Charges have been laid against a principal contractor and company director in response to a worksite incident which occurred in October 2016 in which a young worker was significantly injured.
Nikias Diamond Property Developments Pty Ltd as the principal contractor has been charged with a Category 2 Offence under the Work Health and Safety Act 2011 (S.32, breach of duty s.19).
In addition company director Dimitri Stramarcos has been charged with a Category 2 Offence (S.32, breach of duty s.27).
A Category 2 Offence under the Work Health and Safety Act 2011 is an alleged failure to comply with a health and safety duty. The maximum penalty for an individual is $150,000, a duty holder $300,000 and a corporation $1.5 million.
In addition, Enforceable Undertakings have been entered into with two subcontractors (Feel Style Pty Ltd and BCC Building Pty Ltd) who also had work health and safety responsibilities on the site. The two Undertakings total $264,000.
An Enforceable Undertaking is a legally binding agreement which must be complied with or further regulatory action will be considered. The undertaking includes commitments to improvements for employees, industry and the community with timelines and reporting requirements that have to be met.
The 2016 incident occurred on an Amaroo construction site and resulted in a young person who was part of the Master Builders Group Training Scheme’s then ‘Kids Assist’ program sustaining broken bones as well as spine and internal injuries after falling through a void. The ‘Kids Assist’ program is no longer operating.
Work Safety Commissioner Greg Jones said that this significant injury was easily avoided. The young person had been standing on a ladder placed next to a stairwell opening which did not have any fall protection around the opening. The young person then fell six metres onto concrete when they stepped off the ladder.
WorkSafe’s investigation looked into all elements of the incident such as induction, training, supervision as well as work health and safety practices and whether there was adequate fall protection measures in place.
“Following the investigation WorkSafe ACT alleges that there were deficiencies identified across many of these areas as it related to the principal contractor and company director, and this is reflected in the charges laid,” Mr Jones said.
“There is a duty for employers to ensure as far as practicable that workplaces are safe and this allegedly did not occur in this instance.
“In addition, but to a lesser extent, there were also failures on behalf of the subcontractors on the site which are subject to the Enforceable Undertakings.”
Mr Jones said the incident was significant and this was reflected in the actions taken by WorkSafe ACT.
“This major injury will have a profound and lasting impact for the young worker but also those who witnessed it, his friends and family,” he said.
“I cannot express strongly enough how critical it is for employers and contractors to ensure that all protections are in place when it comes to workers working at a height.
“This includes ensuring fall protection barriers are in place and that appropriate induction, training and supervision is undertaken, particularly for young workers. The safety of young persons and other vulnerable workers remains a key focus for WorkSafe ACT.
“The action taken in response to this incident is another example that WorkSafe ACT will continue to take firm regulatory action where it’s appropriate to reduce injury in workplaces to ensure workers get home safely.”
- Statement ends -
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