Employer

Macquarie Builders Pty Ltd

Project

Construction of a new public toilet and change room

Incident

Worker fell from a mobile scaffold onto a star picket, resulting in severe injuries

Legal Outcome

Company found guilty of safety breaches, facing fines up to $1.55 million, with sentencing scheduled for March 18 in the Hobart Magistrates Court

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Introduction

Macquarie Builders Pty Ltd, a prominent construction firm in Tasmania, faces substantial fines after being found guilty of safety violations leading to a worker’s serious injuries from a fall onto a star picket during a construction project in Kingston Beach.

Incident Overview

On April 24, 2019, a worker sustained severe injuries after falling from a mobile scaffold onto a star picket while working on a new public toilet and change room construction. The scaffold, positioned on a concrete slab, slipped, causing the worker to fall into an area with star pickets intended for concrete boxing support.

Legal Proceedings

Macquarie Builders was charged with two offences related to failing to ensure the safety of their worker and not preserving the incident site. The company could face a fine up to $1.55 million, with the main charge carrying a maximum penalty of $1.5 million and the secondary charge up to $50,000. The sentencing is scheduled for March 18 in the Hobart Magistrates Court.

Investigation and Findings

WorkSafe Tasmania conducted an investigation, which was impeded by the company’s failure to preserve the incident scene. The inquiry highlighted lapses in ensuring the scaffold’s stability, the proximity of the worker to hazardous areas, and inadequate training in scaffold use.

Court’s Decision

Deputy Chief Magistrate Michael Daly found the charges against Macquarie Builders proven beyond reasonable doubt, emphasizing the grave nature of the worker’s injuries and the company’s responsibility for the unsafe working conditions.

Workplace Safety Implications

This case underscores the critical importance of adhering to workplace safety standards, especially in high-risk environments like construction sites. It serves as a reminder of the legal and ethical obligations companies have to protect their employees from harm.

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