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, 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 contrary to sections 22(1) and 22A(2) of the Occupational Safety and Health Act 1984 and by that contravention caused serious harm to a person. 

Summary

On 7 December 2020, worker (victim) fell from the top platform of a set of stairs being used to access a catamaran style boat that had been lifted from the water and placed on hardstands at a marine yard operated by SFM Marine Pty Ltd (SFM Marine).

The fall occurred when the handrail of the stairs gave way as the victim reached over it to lift a prefabricated handrail that was to be affixed to the boat.  He fell approximately 2.5 metres onto hard bitumen and fractured both his ankles.  The victim continues to experience ongoing issues as a consequence. He suffers pain and is restricted in the activities which he can engage in.  

Background

The marine yard (Yard) is located in Henderson WA. The Yard is adjacent to the ocean and in enclosed by fences and a gate on the other three sides. In or around February 2020, SFM Marine took over control of the Yard and operated a business lifting boats out of the ocean for commercial and private boat owners and placing them on hard stands to allow for maintenance work.

SFM Marine also operated another marine yard at North Port, which it owned prior to taking over control of operations at the Yard.   

While some maintenance work on boats lifted from the water at the Yard was carried out by employees of SFM Marine, it was also common for maintenance to be carried out on vessels by the owners themselves, or by contractors (who were not employees of SFM Marine) engaged by the boat owners.

SFM Marine employed a Yard Manager who managed the Yard and reported to the General Manager for SFM Marine.

SFM Marine acquired a number of sets of aluminium and steel staircases of varying sizes when it took control of the Yard. The stairs had been in use by the previous operators of the business over prior years. When SFM Marine took control of the Yard, employees visually inspected the equipment, including the stairs, and identified items that were considered safe to use and those that were not considered safe. Some sets of the stairs were deemed too risky to use and were disposed of. The stairs involved in the incident were retained as they were considered safe to use.

After SFM Marine took over operating the business it continued to use the stairs. It was the usual practice of SFM Marine to provide one of the sets of stairs when a boat was lifted from the water to enable access while it was on hard stands. The set of stairs would normally be selected by the Yard Manager based on the height of the boat.

SFM Marine had a Health and Safety Management Plan which included a system for managing risks associated with working at heights. The Health and Safety Management Plan stated that a regular program of inspection would be developed for all working at heights safety equipment, based on the relevant legislation and standards. However, SFM Marine did not have in place any formal regime with respect to maintenance and inspection of the stairs. Informal visual inspections were carried out by the Yard Manager when he placed stairs next to a boat.   

Following the acquisition of the Yard and prior to the incident, safety consultants had been engaged to conduct a safety review. Approximately a week before the incident, a safety consultant had conducted an inspection of the Yard with the Yard Manager. During that inspection, the Yard Manager raised concerns in regard to stairs at the Yard being non-rated and missing handrails. The safety consultant observed cracked welds on at least one set of stairs. At the time of the incident, the safety consultant’s report was not finalised and her observations and recommendations were yet to be communicated to SFM Marine.

The incident

The victim ran his own business as a sole trader. He had been engaged by the company that owned the boat to fabricate and install handrails on the boat while it was undergoing maintenance work at the Yard.

After the boat was placed on hard stands, the Yard Manager had used a forklift to position a set of access stairs at the rear of the boat. The set of stairs that were initially put in place behind the boat were too low, which caused problems for people getting on and off the boat. On Friday, 4 December 2020, the Yard Manager told boat owner that he would get a higher set of stairs. The Yard Manager then used a forklift to place another set of stairs adjacent to the rear of boat.

The set of stairs that was placed adjacent to the boat had been acquired with the business when it was taken over by SFM Marine.  After putting the set of stairs in place, the Yard Manager visually inspected the stairs. He assessed that the handrail of the stairs was intact based on his observation that it was sitting in place where it should be.

On 7 December 2020, between approximately 8:30am to 9:00am, the boat owner and an employee of the boat owner arrived at the Yard. At the time, SFM Marine had in place an induction procedure for people working at the Yard. However, the induction procedure was not consistently followed. Neither the boat owner nor its employee had completed an induction for the Yard prior to the incident. The employee of the boat owner observed that a different set of stairs had been put in place, which he considered to be in better condition than the previous stairs. Both used the stairs to access the boat. The employee went up and down the stairs a few times carrying material and tools.

The victim arrived at the Yard between approximately 9:00am and 9:30am with a prefabricated handrail. He also did not complete, and was not requested to complete, an induction. The victim had worked at the Yard a number of times previously. He placed the prefabricated handrail against the set of stairs. The prefabricated handrail was approximately 2.8 metres long and weighed between 7kg and 10kg. The victim ascended the stairs. He stood on the platform at the top of the stairs and reached over the handrail to take a hold of the prefabricated handrail for the boat that he had placed against the stairs. As he did so, the handrail of the stairs gave way as a result of the force applied to it by the victim. He fell approximately 2.5 metres onto hard bitumen and fractured both his ankles.  

Following the incident

Following the incident, SFM Marine had the other sets of stairs at the Yard inspected by a third party. One set of stairs (other than those involved in the incident) was found to be showing signs of cracking but the rest of the stairs inspected were found to have no defects.

SFM Marine arranged for a number of stairs to be replaced or repaired at a cost of at least $40,000. A number of custom-made stairs were replaced instead of being repaired.

Following the incident, stairs at the Yard were placed under a formalised, six monthly inspection regime performed initially by a third party company at the cost of $1,050 per inspection plus any repairs required.

SFM Marine formalised and ensured consistency of inductions for visitors, employees and contractors entering the Yard.

The offender plead guilty and was convicted. The Magistrate issued a fine of 340,000 and ordered costs $8532.72