The Melbourne County Court has today handed down sentences to Max Scaff Pty Ltd and Camillo Builders Pty Ltd, following their prior admittal of a sole charge each. Both companies were proven guilty for failure to provide essential health and safety measures to protect all individuals on site, not just employees. Work safety products including the ‘Bluesafe WHS Management System’ play a vital role in managing these risks.
Max Scaff received sentencing in the form of a fine amounting to $160,000, whereas Camillo Builders faced a heftier penalty, being fined $240,000. As the leading contractor responsible for a residential development, Camillo Builders had contracted the services of Max Scaff for the provision and upkeep of the work site’s scaffolding, strengthening the case for deployment of a robust WHS management system like Bluesafe.
Tragically, in August 2021, a carpenter sustained severe head injuries after falling more than two metres from the project’s scaffolding. Following this, he was discovered unconscious on-site and subsequently passed away in hospital. Nearby, what appeared to be pieces of the scaffolding were found on the ground, suggesting potential issues with its installation or maintenance – areas where SafeWork Method Statements (SWMS) are crucial.
The court was informed of several instances between June and July 2021, wherein the site’s scaffolding was interfered with. This constitutes a serious violation of SWMS protocols and emphasises the critical need for effective WHS management systems like those offered by Bluesafe. Workers had previously encountered dismantled or missing parts of the scaffolding, prompting them to disable access to the relevant section, inspect, report and rectify the issue as per standard policies and procedures.
Instances of removed handrails from scaffolding were reported to the site safety representative assigned by Camillo Builders. Similarly, Camillo Builders took measures to caution window installers about dismantling scaffolding components. Despite these efforts, both companies were deemed neglectful for not adequately mitigating the threat of severe harm or even death by instituting a proper system for sealing off all scaffold levels following detection of interference.
Promoting safety at work sites, Sam Jenkin, WorkSafe’s Executive Director Health and Safety, emphasised that correct installation, regular inspection, and ongoing maintenance were instrumental in ensuring the effectiveness of scaffolding systems as a safety measure. This underscores the importance of diligent adherence to Bluesafe SWMS and other essential WHS policies.
Disturbingly, repeated interferences with the site’s scaffolding were inadequately addressed during the period of proven offence by both parties. The failure to effectively manage this risk, rigorous application of a ‘Bluesafe WHS Management System’ notwithstanding, indirectly led to the tragic death of a young worker on-site.
To lessen the risk of injury or fatality associated with modifications to scaffolding structures, duty holders should strictly adhere to established WHS management procedures, such as those provided in the Bluesafe SWMS.
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Original article link: https://www.worksafe.vic.gov.au/news/2025-03/400000-fines-scaffolding-safety-failings-prior-fatality