Worker falls through refrigerated ceiling panel in Queensland

14 November 2024

On the 30 October 2024, a company that manufactured and arranged for the installation of insulation panels, was sentenced, with its subcontractor, in the Mackay Magistrates Court for breaching section 19 and 32 of the Work Health and Safety Act of Queensland.

In November 2021, the manufacturing company was engaged by a large abattoir in Bakers Creek to supply and install a refrigeration panel ceiling in the frozen palletising area of the abattoir, with the work to be completed over the Easter long weekend in April 2022.

The manufacturing company engaged a sub-contractor (a sole-trader that engaged workers), to complete the work, including to remove the existing ceiling panels and install the new ones. The ceiling of the area was approximately 3.4 metres high, which equated to high-risk construction work, and thereby requiring a Safe Work Method Statement (‘SWMS’) to be prepared.

The subcontractor and his workers attended the abattoir on 15 April 2022 to commence the work. Whilst the manufacturing company had provided various SWMS (including on installing ceiling panels, but not on removal of same) to the abattoir, it had not provided any SWMS to the subcontractor, and no one from the manufacturing company was on the site at the time of the incident.

The subcontractor instructed one of his workers to work in the ceiling space, releasing the panels. The worker in the ceiling was not provided with a harness or any fall protection measures, and due to the confined space, he had to squat. Whilst working in the location, the panel supporting him has failed and he has fallen over 3 metres to the concrete floor below, suffering fractures to his spine and significant injuries.

The manufacturing company was charged with failing to comply with its health and safety duty through failing to implement a SWMS, failing to ensure that appropriate control measures were implemented before work commenced on the ceiling panels and failing to prohibit workers from commencing work until such measures were in place.

The Court considered the 60-year conviction free history of the manufacturing company and imposed a fine of $80,000, without proceeding to a criminal conviction.

The subcontractor was charged with failing to comply with his health and safety duty through failing to:

  • implement a SWMS as required;
  • develop and implement a safe work procedure;
  • ensure controls were implemented before work commenced, including the use of a harness;
  • provide training, instruction and supervision; and
  • prohibit workers from commencing work until controls were implemented.

The Court determined that the subcontractor was highly culpable as it was an inherently dangerous job, where he would have known of the risks, given his previous experience in working with the manufacturing company.  The court determined a penalty of $50,000, without criminal conviction.

This article was written by Greg McCann, Partner. 

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