Prosecution Details

Being an employer, did not so far as is practicable provide and maintain a working environment in which the employees of the employer are not exposed to hazards and by that contravention caused the death of an employee, contrary to sections 19(1) and 19A(2) of the Occupational Safety and Health Act 1984.

Introduction

On 22 November 2021, a worker (Victim) died after suffering a traumatic head injury when he was assisting in the lowering of a drawbridge ramp (Ramp) attached to a sea container.  He was an employee of PAWS Construction and Maintenance Pty Ltd (PAWS) and had been employed by PAWS for only three weeks.

The incident occurred at North Coogee.  The victim and his supervisor (Supervisor) were getting a sea container, that had been converted into a sales suite, ready for opening (the Works). 

M Construction (WA) Pty Ltd (M Construction) engaged PAWS to complete the Works.  The Works included the lowering of the sea container Ramp.

Incident

On 22 November 2021, the supervisor and the victim set about the task of lowering the Ramp.  The Ramp was held in place flush to the side of the sea container by two pins. Prior to the supervisor removing the second pin, he instructed the victim to stand to the left side of the Ramp out of the drop zone of the Ramp with his right hand applying a light amount of pressure to feel where the Ramp was and to push it in a little bit so that it takes the tension off the pin, if necessary.

The supervisor removed the second pin from the top right-hand side of the Ramp.  Upon the second pin being removed, the Ramp fell in freefall to the ground. The force of the falling Ramp catapulted the victim away from the side of the sea container and towards the footpath in front of the ramp.

The victim was struck by the Ramp as it fell and came to rest with the back of his head on the concrete footpath and his left foot trapped under the Ramp.

First aid was rendered to the victim by first responders.  However, shortly after ambulance officers attended the site the victim was declared life extinct by paramedics as his head injury was deemed to be incompatible with life.  At the time of his death, the victim was 19 years old.

Knowledge of the Hazard

It is common industry knowledge that objects will fall if the restraint mechanism is released. The Ramp is composed of composite wooden decking on a steel frame.  The dimensions of the Ramp were 2380mm high and 4715mm long.  It was obvious that the Ramp was heavy.

M Construction knew that there was a winch mechanism required to lower and raise the Ramp.

Despite knowing that the winch was the mechanism required to lower and raise the Ramp M Construction:

13.1.      had no documented procedure or instructions for the lowering or raising of the Ramp;

13.2.      did not provide instructions on how to lower the Ramp to PAWS;

13.3.      did not ensure that persons who may need to lower the Ramp or instruct others to lower the Ramp knew of or understood how to lower the Ramp;

13.4.      did not have a process or procedure to ensure that contractors were provided all information necessary to complete their works;

13.5.      did not maintain the winch and ensure that the winch was operational and could safely be used; and

13.6.      did not ensure that there was a warning label on the Ramp itself to ensure that if there were no instructions for the lowering of the Ramp, that any person attempting to lower the Ramp would be warned that the Ramp was heavy and to be lowered only by mechanical means.

None of the persons who were involved in the procuring of PAWS to lower the Ramp on behalf of M Construction were aware of any instructions to raise or lower the Ramp or how it could be raised or lowered.

The employee of the M Construction who had knowledge of the winch was, at the time of the incident, working on a different project and had given his five weeks’ notice prior to ceasing employment with the M Construction after the incident in November 2021.

The hinged weight of the Ramp, as it was when attached to the side of the sea container, was approximately 250kg.

Practicable Measures

Prior to and as at 22 November 2021, it was reasonably practicable and of low cost for M Construction and PAWS to have implemented the practicable measures as follows:

1. Ensure that there was a serviceable mechanical means (such as a winch) available to allow the Ramp to be lowered in a controlled manner.
2. Instruct persons engaged to lower the Ramp to do so only by using mechanical means.
3. Instruct persons engaged to lower the Ramp to not remove the pins holding the Ramp in place unless the Ramp was restrained.
4. Affix a warning label on the underside of the Ramp waring that attempting to lower the Ramp without mechanical assistance could result in serious injury or death.

Taking any or all of these measures would have reduced the risk of the victim being impacted by the falling Ramp, and consequently the risk of the victim’s death, on 22 November 2021.

Subsequent Changes 

M Construction removed the Ramp from the sea container so there is no longer any ability to raise or lower the Ramp.

Plead Guilty on 7 April 2025 and sentenced on 30 July 2025. Magistrate issued a fine of $250,000 and costs of $6131.50