$125,000 Fine After Workers Fall

admin • October 15, 2024

Valmont (Vic) Pty Ltd was sentenced in the Sunshine Magistrates' Court on Thursday 3 October after earlier being found guilty of one charge of failing to provide and maintain a safe system of work and one charge of failing to ensure a workplace under its management or control was safe and without risks to health.

Valmont was fined without a conviction and mandated to pay $42,752 in costs. The company had been assigned to transform level two of a multistorey car park on Clarke Street in Sunshine into office space. The project entailed the removal of a car park ramp between levels one and two, the installation of structural steel and formwork, and the pouring of concrete into the void to finalize the office floor. In July 2019, a segment of the formwork collapsed when a steel beam connecting it to the existing slab detached as the concrete was being poured, resulting in three workers plummeting more than two metres to the level below. Two workers were hospitalized with serious injuries. A WorkSafe inquiry revealed that Valmont had failed to arrange for a building surveyor or engineer to inspect the formwork prior to the concrete pour. The court concluded that it would have been reasonably practicable for Valmont to have organized a pre-pour inspection and to have secured a written inspection report affirming that the formwork was structurally sound to bear the concrete pour.

WorkSafe Executive Director of Health and Safety Sam Jenkin said working with formwork could be high risk and there was no excuse for omitting important safety processes.

"Having a competent person inspect formwork before a concrete pour begins is a crucial step designed to avoid exactly this kind of disastrous scenario," Mr Jenkin said.

"In this case two workers were injured and it could very easily have been much, much worse."

To prevent falls when working with formwork employers should:

  • Ensure a competent person produces a formwork design capable of supporting the expected dynamic and static loads.
  • Have systems in place to formally sign off a formwork deck as structurally sound, complete and safe for other trade workers to use as a work platform.
  • Provide employees undertaking construction work with site specific training, including the onsite risks associated with formwork decks.
  • Ensure High Risk Construction Work is not performed unless a Safe Work Method Statement is prepared and followed.
  • Use a fall arrest system, such as a catch platform or safety nets.

For more information visit: https://www.worksafe.vic.gov.au/news/2024-10/125000-fine-after-workers-fall-concrete-formwork-collapse


By admin November 20, 2024
A Health and Safety Representative (HSR) plays a crucial role in ensuring workplace safety and compliance with health and safety regulations. The specific information a Health and Safety Representative can access vary as limitations do exist. However, generally, an HSR can access the following types of information: 1. Risk Assessments and Hazard Identification - Workplace Risk Assessments: Documentation and reports identifying potential risks or hazards in the workplace (e.g., chemical hazards, machinery, ergonomics, etc.). - Hazard Control Measures: Information about existing controls and measures in place to mitigate or eliminate identified risks. 2. Health and Safety Policies and Procedures - Workplace Safety Policies: Company-wide health and safety policies, guidelines, and protocols. - Emergency Procedures: Evacuation plans, first aid protocols, and procedures for responding to accidents or emergencies. 3. Workplace Injury and Incident Reports - Accident and Injury Reports: Documentation of workplace accidents, injuries, and near misses. This includes investigation reports and any follow-up actions taken to prevent recurrence. - Incident Logs: Records of any safety incidents, including time, place, cause, and impact on workers. 4. Workplace Safety Training Records - Training Records: Information on safety training and certifications for workers, including what training has been provided and whether employees are up to date on required courses. - Safety Inductions: Details of safety induction programs for new employees or contractors. 5. Workplace Inspections and Audit Results - Inspection Reports: Results from routine or special safety inspections of the workplace. - Audit Results: Internal or external audits that evaluate safety systems, compliance, and performance. 6. Exposure Records - Workplace Exposure Monitoring: Records detailing employee exposure to potentially hazardous substances, including chemicals, noise, and physical agents. - Personal Protective Equipment (PPE) Use: Information about PPE requirements and employee compliance with PPE protocols. 7. Health Surveillance Data - Medical Records: In Victoria, HSRs may have access to workers' health surveillance records, particularly if the worker is exposed to harmful substances or physical conditions. However, there are limitations and requirements. (see below). - Workplace Health Monitoring: Data on health monitoring initiatives like hearing tests, lung function tests, etc. 8. Compliance and Regulatory Documents - Compliance Records: Documents related to compliance with national or regional health and safety laws and regulations, such as safety permits and certifications. - Regulatory Inspections : Reports and recommendations from inspections conducted by regulatory agencies (e.g., OSHA in the U.S., HSE in the UK). 9. Corrective Actions and Safety Committees - Corrective Action Plans: Information about actions taken or planned in response to identified hazards, incidents, or safety deficiencies. - Safety Committee Minutes: Minutes from health and safety meetings or committees, where safety issues and concerns are discussed. 10. Workplace Safety Reports and Statistics - Health and Safety Performance Data**: Statistics related to workplace accidents, injuries, and safety performance (e.g., incident rates, lost time injury frequency rates). - Occupational Health Data: Data on the health of employees, including common workplace illnesses or injuries. 11. Consultation with Workers - Feedback and Concerns: Input from workers about safety concerns or potential hazards they have observed or experienced. Access Rights and Limitations While an HSR has broad access to health and safety information, the exact level of access may depend on: - Confidentiality and Privacy: Sensitive personal information (e.g., medical records) may be restricted, but HSRs typically have access to aggregate data rather than individual health records. HSRs can obtain permission from the individual or individuals involved or have sensitive information redacted. In Victoria, employers are required to consult with and provide relevant safety information to HSRs to enable them to perform their duties effectively. This helps ensure that the workplace is as safe as possible and that health risks are minimized. If you require additional information or clarification, please contact BeSafe .
By admin November 17, 2024
The entitlement of HSRs to access information is not just a legal right but a practical necessity for several reasons: Informed Decision-Making: To represent workers effectively, HSRs need to have comprehensive, up-to-date information on health and safety risks. Without access to this data, they would be ill-equipped to identify hazards, make safety recommendations, or engage in meaningful consultations with employers and management. Proactive Risk Management: Timely access to information helps HSRs identify potential hazards before they cause harm. If HSRs can analyse incident reports, safety audits, and risk assessments, they can recommend changes to prevent future accidents, rather than just reacting to problems as they arise. Promoting a Safe Work Culture: Transparency in safety matters fosters a culture of openness and accountability in the workplace. When employees see that their HSRs are well-informed and have the authority to act on safety matters, it builds trust in the safety system. Workers are more likely to report hazards or concerns if they know there is a system in place that takes them seriously. Legal Compliance: In Victoria, failure to provide HSRs with relevant information can result in legal repercussions for employers. By ensuring that HSRs have the information they need, employers not only comply with legal requirements but also demonstrate their commitment to creating a safe work environment. Conclusion An HSR’s entitlement to information is a cornerstone of workplace health and safety. It empowers representatives to make informed decisions, foster a culture of safety, and protect workers from potential harm. Employers, for their part, have a legal and ethical responsibility to ensure that HSRs have timely, accurate, and relevant data at their disposal. When information flows freely between management and HSRs, it creates a safer, more collaborative work environment where everyone benefits. For HSRs, understanding the full extent of their right to information—and how to use it effectively—can make all the difference in maintaining a safe workplace. It's not just about compliance; it's about preventing incidents, promoting well-being, and building a culture of safety that benefits everyone in the workplace. If you require more information or guidance on your right to information please contact BeSafe
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