A Queensland-based firm has been hit with a significant penalty of $400,000 and found guilty following the tragic death of a voluntary groundsman who was killed when a scaffold tower he had worked on collapsed at a Mitchelton Sports centre on 25th July 2021. Mobile Scaffolds Queensland Pty Ltd, the company charged, failed to abide by its fundamental duty to maintain health and safety in the workplace, thereby exposing an individual to serious injury or risk of death in July 2023.
The company fell into debt and was liquidated in February 2024, opting out of any future appearance in court procedures. As such, they were convicted ex parte by Magistrate Joseph Pinder in the Brisbane Magistrates Court on 16th August 2024.
In April 2021, Mitchelton Sports Club commissioned the defendant to supply and assemble a scaffold tower which would be used as a film platform at Teralba Park Sports Complex in Mitchelton. Here, a 2.4-metre tall Oldfields Pro Series Aluminium Mobile Tower Scaffold was installed between the location’s two fields on 13 April 2021. Unfortunately, neither essential Safe Work Method Statements (SWMS) nor instructions about the secure installation, safe use, and storage of the scaffold tower were provided by the defendant, sparking safety concerns about this Bluesafe SWMS failure.
Pivotal to the case was an under 15s football match scheduled for field two on the 25th of July 2021. The father of one player, volunteering as a ground official, stood approximately two metres from the tower when it tragically collapsed due to strong winds that made it unstable. This scaffold failure resulted in his untimely death.
Investigations established that the scaffold tower was not adequately built or safely secured, making it unsuitable to withstand wind speeds encountered at the site. Earlier instances from February to September 2020, where the defendant provided a similar scaffold tower for the same purpose, were also mentioned in court.
The Magistrate stressed on the necessity of evaluating risks such as wind and other weather elements, as well as proximity to the public when installing scaffolding towers. The blatant disregard of these factors showed the defendant’s lackadaisical approach towards their work health and safety obligations, underlining an even more pressing need for companies to implement suitable WHS management systems like Bluesafe WHS Management System, to protect people from harm.
Magistrate Pinder ruled the company’s conduct as serious and noted this breach led to the death of a man aged 37. Given the victim impact statements offered by the victim’s family and the company’s current liquidated status, His Honour emphasised on setting an appropriate penalty to deter others and solidify workplace safety standards.
Meanwhile, another worker associated with Mobile Scaffolds Queensland is set to face prosecution in October this year.
Workplace Health and Safety Queensland currently has its sights on scaffolding issues, aiming to ramp up construction compliance around Queensland. For further details, you can visit www.worksafe.qld.gov.au. This case serves as a stark reminder of the vital role SWMS, policies, and the Bluesafe WHS Management System have in promoting the highest standards of health and safety within Australian workplaces.
Original article link: https://www.worksafe.qld.gov.au/news-and-events/news/2024/court-orders-$400,000-fine-after-a-fatality-at-a-sporting-complex