Source: SafeWork SA
An Adelaide construction company has been convicted and fined $14,000 for disregarding a SafeWork SA prohibition notice requiring it to address safety concerns at a house it was building.
Fortune Infrastructure, trading as Fortune Living, was sentenced in the South Australian Employment Tribunal on 16 August 2024 following a series of events in April and May 2022.
The case sends a strong message that SafeWork SA may prosecute companies if they fail to follow statutory notices.
Two SafeWork SA inspectors attended a site where a two-storey house was being constructed by Fortune Living on 7 April 2022 to conduct a workplace inspection.
The inspectors observed a worker on the roof installing a length of flashing near an unprotected edge on the western side of the upper level with no control measures in place to manage the risk of falls.
They also observed that the stair void protection system was missing a section and the ladder was unsecured.
Two prohibition notices were issued to stop any work activity on the upper level and roof of the building until safety measures regarding fall protection were put in place.
Prohibition notices require activities to cease until evidence is provided to a SafeWork SA inspector of the steps taken to ensure compliance with WHS laws. An inspector needs to be satisfied with the control measures before work can resume.
Contrary to the notices, the company allowed work on the upper level and roof level to be completed between 4 May and 18 May 2022. Fortune Living was prosecuted for contravening both of the notices.
Fortune Living was fined $14,000 in the South Australian Employment Tribunal.
In his sentencing remarks, Magistrate Lieschke said he accepted that Fortune Living is improving its safety management systems.
However, he said documented examples of how it has managed site safety since the offence “do not inspire confidence”.
“They are generic in nature, but still do not address any site-specific hazards,” Magistrate Lieschke said.
“Fortune’s explanation for the offence centres on the managing director’s omission to read the inspector’s response and his mistaken belief the prohibition notice was satisfied by sending a photo of the balcony rail.
“In my view, Fortune’s explanation is little better than a deliberate contravention of the prohibition due to the concerning ignorance and assumptions of its managing director. The outcomes for safety on this site were the same.”
Attribute to SafeWork SA Executive Director Glenn Farrell:
This offence is a serious breach of a statutory notice that was issued to prevent unsafe work from continuing.
Instead of following and respecting the prohibition on working at height, Fortune Living devised a work method that introduced another serious hazard of working near a poorly guarded balcony edge, without checking the Inspector was satisfied.
By its conduct Fortune Living placed an unknown number of workers at risk of serious injury.
Statutory notices are issued for a reason and SafeWork SA will not hesitate to prosecute if a business disregards them.
