VIC: developer fined $125,000 for serious safety failures

By: WorkSafe Victoria

A property developer in Victoria has been convicted and fined $125,000 for putting workers and the public at risk of serious injury or death.

Mainline Developments Pty Ltd pleaded guilty in the Melbourne County Court to four charges over safety breaches during the construction of a residential complex at Narre Warren.

The court heard WorkSafe inspectors observed numerous and repeated safety breaches on six separate visits to the site between 15 January and 15 March 2018.

The safety breaches included a lack of controls to prevent workers falling from the balconies, first floors and roofs of the townhouses under construction and workers using sections of scaffolding with missing planks.

Multiple trucks were observed reversing into oncoming traffic to enter the site via a busy single lane road and unloading without any traffic management to reduce the safety risks.

The site had poor general housekeeping including open trenches, unhygienic toilet facilities without water or toilet paper and no meals area or facilities for workers.

Inspectors also found the site lacked a safe system of work in relation to electricity and had a number of tripping hazards from excess debris and general rubbish in access areas.

The court heard Mainline repeatedly failed to implement most of the reasonably practicable control measures identified in the 10 improvement notices issued by WorkSafe inspectors during the visits.

The company was fined $50,000 for failing to ensure the means of entering and leaving a workplace was safe; $40,000 for failing to provide a safe working environment; $25,000 for failing to comply with improvement notices; and $10,000 for failing to ensure persons other than employees were not exposed to risks.

In sentencing, the judge took into account the company’s two prior convictions from 2016 relating to working at height and traffic management issues.

WorkSafe Victoria executive director of health and safety Julie Nielsen said the company’s blatant disregard of its duty to provide a safe workplace for its employees was abhorrent.

“All of the problems identified at this site could have been easily fixed at relatively little cost, but the company instead repeatedly ignored directives to fix them and has now suffered the consequences,” Nielsen said