$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
Maintaining a safe workplace is a legal and moral obligation. One of the most powerful tools available to workers, specifically Health and Safety Representatives (HSRs), is the Provisional Improvement Notice (PIN) . Used correctly, PINs can quickly resolve safety issues and ensure compliance with the Occupational Health and Safety Act 2004 (Vic) . There have been recent changes made to the PIN notice and we recommend that HSRs now use the new version. Summary of NEW Changes: Part 5 has been modified to include tick boxes for each of OHS Act, OHS regulations or the Psychological Health Regulations to be selected by the HSR Part 6 has been modified to include whether the safety issue is a contravention relating to a physical or psychological hazard What is a PIN? A Provisional Improvement Notice (PIN) is a formal written notice issued by an HSR to address a workplace health and safety issue. It is used when consultation with the employer has failed to resolve a problem. *In Victoria, an HSR can issue a PIN whether or not they have completed an HSR training course. This is different to other jurisdictions. Under Victorian law, an HSR can issue a PIN if they believe, on reasonable grounds, that: A provision of the OHS Act or regulations is being breached, or A breach has occurred and is likely to continue or happen again The purpose of a PIN is simple: To require action to fix a safety problem and prevent harm to workers. It is a legal document which the employer must respond to. Who Can Issue a PIN? Health and Safety Representative (HSR)’s can issue a PIN. *Don’t forget that Victorian HSRs can issue a PIN even if they haven’t yet had the opportunity to get into a 5 Day Initial OHS Training Course. (Although obviously HSRs are best to complete their training as soon as possible so that they can fully understand the OHS Act and their role.) An HSR must: Represent a designated work group (DWG) Have reasonable grounds to believe a breach exists Consult with the employer first before issuing the notice When Should a PIN Be Used? A PIN should be used as a last resort, after attempts to resolve the issue through consultation have failed. An HSR can choose to issue a PIN notice if the duty holder is contravening any provision of the OHS Act or any of the Regulations, or if the duty holder is believed to have been in contravention and it is likely that the contravention will continue or be repeated. But, they must have first consulted with the duty holder. Remember that for immediate or serious risks , a PIN may not be appropriate. In those cases, an HSR can direct work to cease under the Act. How to Issue a PIN 1. Identify the Issue Clearly identify the hazard or breach of the OHS Act or Regulations. 2. Consult with the Employer Before issuing a PIN, the HSR must consult with the employer or the person responsible and give them a chance to fix the problem. Where such consultations are ineffective, the employer refuses to consult and / or the HSR believes that the safety issue will continue, then the HSR may issue a PIN. 3. Complete the PIN It is not compulsory to use the WorkSafe Victoria PIN form, but it does make life easier. You can find it here: Provisional-improvement-notice-form-2026-05.pdf A valid PIN must include: Section 1 – fill out the details of the elected HSR under the OHS act (or the elected deputy HSR if the HSR is unavailable) Section 2 – fill out the details of the duty holder. Most commonly, this will be your employer. Section 3 – tick that you have consulted with your employer or their representative prior to issuing the PIN. It is a good idea to keep a written record of the consultation or attempted consultation. Section 4 – fill out the details of the person (employer representative) to whom you are giving the PIN. Section 5 – fill out which sections of The Act or The Regulations are believed to have been contravened. You can only include one health and safety issue on a PIN notice. If there are more than one, you will need to issue a separate PIN notice for each issue. Tick the box to make clear if the contravention relates to the OHS Act, the OHS Regulations or the Psychological Regulations. Section 6 – provide detail of the contravention. Include the site location ie: the actual area of the workplace where you believe the contravention to be occurring. State whether the PIN relates to a physical or psychological hazard. Section 7 – optional – you may fill out suggestions as to how the safety issue can be fixed if you wish, but this is not required. Section 8 – sign and date the form. Provide a compliance date that is AT LEAST 8 days after the PIN issue date. Make sure the timeframe is reasonable. 4. Issue the Notice The PIN must be delivered to the person you state in Section 4. It can be delivered in person, by post or other formal delivery methods. Don't forget to keep a copy of the PIN for your own records. What Happens After a PIN Is Issued? Once a PIN is issued, the recipient has legal obligations. They must: Bring the notice to the attention of their employer (if the person is an employee). Bring the notice to the attention of persons whose work is affected by the notice, including informing affected workers. Display the PIN in a prominent place in the workplace. Fix the issue by the specified compliance date. Failure to comply is an offence under the OHS Act , and penalties may apply. Can the duty holder dispute the PIN? If the employer (or recipient) disagrees with the PIN, they can contact WorkSafe Victoria and request an inspector review within 7 days of receiving the PIN. If no review is requested within 7 days, the PIN remains legally enforceable. What does an HSR do if the employer does not comply? If the employer has not complied with the PIN within the specified timeframe or if the employer’s intention is not to comply, then the HSR can call WorkSafe Advisory Service and arrange for an inspector to visit the workplace. The inspector can then: Confirm the PIN Modify it Cancel it Support and Advice If you need support and advice on how to issue a PIN, you can contact: WorkSafe Advisory 1800136089 WorkSafe HSR Support Officers HSRSO@worksafe.vic.gov.au Your Union BeSafe Victoria info@besafevictoria.com.au PINs are an important mechanism for preventing injuries and saving lives . They are a powerful and practical tool in Victoria’s workplace safety system. For HSRs, understanding when and how to use a PIN is essential. For employers, knowing how to respond to PINs promptly and effectively is vital. If you need training to understand more, contact us: info@besafevictoria.com.au 0467002060
BeSafe is hitting the road again! It’s been a super busy year or training across Victoria and we have been taking our training on the road to more regional and remote locations across our state than ever before. We are committed to empowering Victorians to create safer and healthier workplaces, ensuring that every worker can return home physically and mentally well. The BeSafe team are regional Victorians ourselves, so we also understand how difficult it can be to get training outside of the metro area. At the same time, we know too well that regional Victorians are the most vulnerable to unsafe workplaces, with regional areas being massively over-represented in the injury and fatality statistics year-on-year. We truly believe that education saves lives, so we have made it our mission to make sure the All Victorians can access safety training without having to travel to the city. The more we all understand about safety, the greater chance we all have of making it home alive and well at the end of the day. Our experienced trainers can come to you. We can even come to your workplace. We will also work with you to create courses anywhere in Victoria so that we can help you get the training you need. So, if you need training in your area, or at your workplace, reach out and have a chat – we would love to hear from you! Training Locations Across Victoria BeSafe Victoria brings training directly to regional communities, making it accessible to those outside metropolitan areas. Recently, we have delivered training in: Ballarat, Bendigo, Kyabram, Shepparton, Portland, Robinvale, Nhill, Warracknabeal, Blackburn, Stawell, Ararat, Wodonga, Mildura, Werribee and Horsham We are planning more courses soon in these locations as well as hoping to visit some new areas including Gippsland – Morwell / Traralgon, Geelong, Hamilton, Colac, Geelong, Maryborough, Warrnambool, Echuca and Wangaratta – but honestly, we will go anywhere! We also often deliver on-site training for workplaces on-demand! Course Offerings We deliver WorkSafe Approved HSR Training Courses , and also OHS Training for Leaders and Managers , helping them to understand their safety obligations under The Occupational Health and Safety Act 2004 . We have also recently been approved to offer the NEW Psychological Health OHS training course. BeSafe also offers free follow-up support after you have trained with us, so that you can always access the help you need. At BeSafe, we believe that all Victorians should have equal access to high-quality, WorkSafe approved OHS knowledge and we are committed to help you to get the training you need – because safety training saves lives. Get in touch with us: 0467002060 info@besafevictoria.com.au HSR Training and support | BeSafe | Regional Victoria