Introduction
Accused: Melbourne Budget Roofing Pty Ltd ABN / ACN: 111 659 593
Industry: Construction and Utilities  Accused Type: Company (ACN)
Date of Offence: 10/12/2007 Date of Determination: 16/10/2009
Incident: Falls / Work at height offences Judge / Magistrate: S Garnett
Incident Summary: On 22 October 2007, Sturt Street Pty Ltd (“owners of the premises”) entered into a contract with Dusk Homebuilders Pty Ltd (“the builders”) for refurbishment of the commercial building at 153-157 Sturt Street, Southbank. The refurbishment works included the removal and replacement of an existing asbestos roof with new iron roofing, renovating the front and rear facades and refurbishment of the commercial offices (excluding the ground floor retail tenants). Sturt Street Pty Ltd owned the premises at Southbank. Dusk Homebuilders Pty Ltd was a commercial registered builder. As part of the total cost of the project, the contract required the builder to provide and pay for all tools, materials, equipment (such as scaffolds, gantry crane, site safety equipment, signage, site security protection, access ways, protection rails) a safety officer, first aid amenities and labour. Dusk Homebuilders Pty Ltd engaged Matthew Chapman and Christian McCalman as project managers to manage the refurbishment works. Dusk Homebuilders engaged Melbourne Budget Roofing Pty Ltd a specialist roofing company (“MBR”). The role of MBR was to conduct the roof replacement works on the site. MBR then engaged Eazy Lift Pty Ltd, to supply a crane, driver and dogman for the purposes of lifting new iron roof sheets onto the roof and to remove other material from the roof. Eazy Lift Pty Ltd employed a crane driver who was also the operations manager and a dogman to undertake the delivery of roofing material onto the roof. On 10 December 2007, the dogman of Eazy Lift Pty Ltd was working on a fragile and asbestos roof at the Sturt street commercial premises and was in the process of un-trapping a pack of steel roof sheets some 9 metres long when he fell backwards through an unguarded shaft in the roof onto the ground. The dogman fell a total distance of 8 metres and as a result he broke 3 bones of his right wrist and a fractured scapula as well as sustaining bruising to the body and serious lacerations to the head. MBR as a roofing specialist should have identified the nature of the roof and the safety risks that it posed to persons working on the roof, it should have enforced its own JSA with respect to the use of fall arrest harnesses and lanyards and it should have insisted on the unprotected edge risks been remedied before proceeding with any work.
Court Number: Y01597626 Jurisdiction: Magistrates Court

Charges
Act & Section [Maximum Penalty] Count(s)
OH&S Act 2004 - s 23(1) Employer failed to ensure that their undertaking did not expose people (other than employees) to health & safety risks [1800 penalty units individual 9000 penalty units body corporate] Indictable offence triable summarily 1
Plea: Guilty Fine: $15,000.00
Result: Conviction
Fine (costs of $2,000.00)