Prosecution Details

Being a person that had to any extent, control of a workplace where persons who were not employees of that person work or were likely to be in the course of their work, and the means of access to and egress from a workplace, failed to take such measures as were practicable to ensure that the workplace was such that persons who were at the workplace were not exposed to hazards and by that contravention caused serious harm to a person contrary to sections 22(1) and 22A(2) of the Occupational Safety and Health Act 1984 (WA).

On 14 December 2021, a contractor (the injured worker) fell 2.2 meters into an unfinished concrete swimming pool (the Pool) suffering severe head and other injuries.

The injured worker was the director of a company and had been engaged by CASM Construction Pty Ltd A.C.N. 626 668 773 (CASM) to provide carpentry services at the Site. CASM had been engaged by the owner of the Site to oversee construction.

The Pool was inside a newly constructed alfresco area, built as part of an extension to a relatively remote private farm property about an hour east of Perth (the Site).

Approximately eight months before the fall a hole was excavated for the Pool and CASM arranged for temporary fencing to be erected around the hole. Following pouring of concrete for the Pool, approximately six months before the fall scaffolding was installed within the Pool cavity to make a surface level with the surrounding ground.

This scaffolding was in place until approximately one month before the incident, the scaffolding was removed to enable capping stones to be installed around the edge of the Pool. The scaffolding remained on the Site but was not replaced into the Pool once this work was completed. During that period work by several workers on site continued around the Pool.

It was well known to those working in the construction industry that a fall from height has the potential to cause serious injury. The Code of Practice – Prevention of Falls from Height at Workplaces 2020 (Code of Practice), was widely known and referenced by industry during the time of work at the Site including at the time of the incident.

CASM had developed a Site-Specific Management Plan for the Site which identified a fall from height as a moderate risk, requiring notification to the Site Manager and specified that “special consideration [is] required for any swimming pools or ponds that may need covering” to address this risk.

During the period the scaffolding was removed, no alternate protection was put in place. Though the scaffolding remained available on site it was not reinstalled into the Pool on completion of the capping stone work.

On 14 December 2021 at approximately 1:30pm, the injured worker and another worker opened and examined bi-fold doors next to the Pool. The injured worker fell through the gap in the bi-fold doors into a 2.2 meter deep section of the Pool.

The injured worker suffered severe body, head and brain injuries requiring emergency surgery, a significant period of hospitalisation and ongoing care. 

Following the incident a construction professional was engaged to take on some oversight obligations and to make the site safe, alongside CASM he:

• Reinstated scaffolding in the Pool;
• Changed the Safety Management Plan;
• Commenced fortnightly safety management meetings;
• Completed more safe work method statements.

The offender was convicted. The Magistrates issued a fine of $750,000. No costs ordered.