Type: PRS
Date of Outcome: 04/04/2018


B Central Constructions (the offender) is a construction company. In August 2016, the offender was engaged to undertake construction works at the Oslo Apartment site located in Bentleigh East (the workplace). At the workplace the first and second floors of the building had been poured with formwork overhanging the public footpath. The third floor level form-deck was under construction and also overhung the footpath. On 5 August 2016, a WorkSafe Inspector observed that there was no overhead protection such as a gantry, more extensive scaffolding, or exclusion zones set up. No alternative safe passage was provided for members of the public passing below the building. The offender failed to control the risk to members of the public passing below the workplace being struck by falling construction materials, tools and equipment that could result in serious injury or death. It was reasonably practicable for the offender to install appropriate overhead protection at the multi-level worksite by erecting a gantry and providing alternative safe passages for members of the public. The offender pleaded guilty and was without conviction sentenced to pay a fine of $17,500.00 and to pay costs of $4,089.00.

Court: Moorabbin Magistrates Court
Coram: HH Magistrate Gattuso
Fine: $17,500.00
Costs: $4,089.00
Published: 09/04/2018
Category: Failure to conduct a risk/hazard assessment; Failure to conduct a risk/hazard identification
Appeal: No