Perth Builder Fined $750,000 After Worker Falls into Unprotected Pool on Construction Site

Introduction
A Perth building company and its former director have been fined over $750,000 after a carpenter fell into an empty swimming pool on a regional construction site, sustaining life-altering injuries. The incident, described by the magistrate as devastating, has once again spotlighted ongoing failures in workplace safety compliance across the residential construction industry.

Details of the Incident
On December 14, 2021, carpenter Terry Dunn was working at a CASM Construction site in Woottating, 65 kilometres east of Perth, when he fell 2.2 metres head-first into an unfenced, empty pool. The fall occurred as Dunn stepped backward while discussing door placements with a colleague.

He suffered extensive injuries including:

• A fractured skull and bleeding on the brain
• Six broken ribs and a punctured lung
• A broken shoulder and neurological complications

Dunn was airlifted to Royal Perth Hospital, where he underwent emergency brain surgery and spent 41 days in intensive care. He continues to experience seizures and cognitive impairments nearly four years later.

Regulatory Actions and Findings
WorkSafe WA launched an investigation following the incident and charged both CASM Construction and former company director Shane Alexander Lynn with workplace safety breaches.

In a hearing before the Northam Magistrates Court on July 14, 2025, both parties pleaded guilty. Magistrate Sarah Oliver fined:

• CASM Construction: $750,000
• Shane Lynn: $45,000 (with a spent conviction)

Although the company is now in liquidation and Lynn has been declared bankrupt, Magistrate Oliver said the sentencing served to underscore duty of care, even if the financial penalties may never be recovered.

Site Conditions and Lapses
The court heard that no barriers or edge protection were in place at the time of the incident. Scaffolding that had previously covered the pool was removed in November 2021 and never reinstalled. No signs or lockout measures restricted access to the hazardous zone.

The State Solicitor’s Office noted that the risk could have been eliminated through simple safety measures, such as:

• Reinstalling scaffolding
• Installing edge protection around the pool
• Locking the bifold doors leading to the hazard

Company Response and Sentencing Commentary
Lynn expressed deep remorse during the hearing, breaking down in court and citing severe mental health struggles since the accident. He has been hospitalised multiple times and now lives with the emotional consequences of the incident.

Magistrate Oliver acknowledged his remorse but emphasised his legal responsibilities: “You had a duty to provide a safe workplace,” she said. “That day changed Mr Dunn’s life forever. Sentencing will never fully reflect the human element of this case.”

Facility Details
The site was a private residential development in regional Woottating, managed by CASM Construction. At the time, the business had a small crew and was operating without adequate fall protection measures, despite multiple known risks on the premises.

Conclusion
The sentencing highlights the long-term consequences of even a brief lapse in safety protocol. While financial penalties may go unpaid due to insolvency, the case sends a clear message to builders and site managers: failure to enforce simple safety measures can cost lives, livelihoods, and entire futures.