Issue Date:  -  Friday, 7 July 2006

Builder prosecuted after wall collapse seriously injures worker

The prosecution of a builder has led to a reminder from WorkSafe on the importance of ensuring that employees are suitably qualified and trained for the work they are employed to do.

B & F Holdings (WA) Pty Ltd – trading as Art and Building – was fined $20,000 in the Perth Magistrates Court last week after being found guilty of failing to provide a safe workplace, and by that failure causing serious harm to an employee.

A 42-year-old labourer/handyman was seriously injured when a brick wall collapsed into scaffolding on which he was standing.

A Director of the company, Soroosh Bahremand, was also fined $2000 over the incident because he had responsibility for the site and took no action when personally warned by another employee of the danger of the wall collapse.

The labourer had been employed to remove a large section of wall at a building in Ardross so a window could be inserted, a task in which he had no experience or expertise.

After cuts were made in the wall, the labourer stood on a scaffold and started knocking out the bricks with a sledgehammer.  Shortly after, the area of wall inside the cuts collapsed onto the scaffold, knocking the scaffold over and throwing the employee to the ground.

He sustained fractures to his pelvis and injuries to his left elbow and shoulder joints that resulted in permanent injuries.

WorkSafe WA Commissioner Nina Lyhne said today the case illustrated the importance of ensuring that safe work practices were in place at all times, and that employees were experienced, trained and properly supervised.

“In this case, the employer knew – or should have known – that the man he employed was an unskilled labourer who was not experienced or qualified to perform the task he was assigned,” Ms Lyhne said.

“He did not give the labourer any proper instructions on how to remove the large piece of wall, nor did he adequately supervise the work being done.

“The employer was told of the risk of the wall collapsing and did not take any action to remedy the situation apart from telling another worker to work slowly and carefully, nor did he seek expert advice on how the piece of wall could be removed safely.

“As a consequence, the employee was seriously and permanently injured, and it could have been even worse if the wall had collapsed onto him instead of the scaffold.

“This case should serve as a reminder to all employers to consider the nature of the work being performed, and to employ appropriately skilled personnel who are trained and adequately supervised.”

Further information on providing a safe workplace can be obtained by telephoning WorkSafe on 9327 8777 or on the website at www.worksafe.wa.gov.au.

Media contact:
Caroline De Vaney
9327 8744
0408 927563 (media enquiries only).