Working from Heights - Safety Message not getting through to PCBU s

In a recent ruling, the NSW District Court has regretfully made comment that it seems the general deterrence message of PCBU penalties for safety breaches is “not getting through to employers who require their workers to work at height – inherently dangerous work.”

The Case

This case (available here) involved two labourers receiving a direction from their supervisor to get into an excavator bucket so they could be raised four metres to perform a task. Once at height while the task was underway, the bucket detached from its quick hitch attachment and fell, causing the workers to fall four metres onto the concrete slab below. This left one of the workers with severe injuries.

The PCBU did not notify WorkSafe. The regulator was only made aware of the incident two days after, when a hospital councillor assisting the injured worker contacted them.

Penalty

The Court, in its scathing judgement, imposed penalties of $825,000 against the PCBU for 38 breaches of the state WHS Act, as well as making an additional order of $44,000 for prosecution costs. While the penalties were reduced by 25% due to the PCBU’s guilty plea, the Court was highly unimpressed by their conduct, stating:

“The frequency with which this Court deals with SafeWork prosecutions that involve workers falling from height is not decreasing, and the devastation and harm that can be, and is, caused by this dereliction of the duties imposed by the WHS Act is a matter which I find very concerning.”

What can employers learn from this?

As we have mentioned in previous articles, there has never been a more important time to make sure your employees are aware of and understand all your business’ WHS protocols. Employers should be regularly:

1. training and inducting all workers in how to practically (not just theoretically) comply with all duty holder obligations (ie PCBU, Officer, Worker and Other Persons at the Workplace);

2. reviewing WHS policies and procedures to make sure they are compliant with current WHS regulations paying particular attention to high risk work;

3. regularly circulating WHS policies, procedures and safety messages – reminding employees of their individual obligations to comply and reinforcing these through toolbox meetings;

4. conducting refresher training with your managers, supervisors and contractors in relation to the policies and procedures to be sure that they are being implemented and complied with appropriately; and

5. ensuring you are providing and maintaining culturally and linguistically appropriate induction and training processes.

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