Harris Plumbing and Welding Pty Ltd, pleaded guilty in Shepparton Magistrates’ Court to failing as an employer to ensure people aren’t exposed to risk under the Occupational Health and Safety Act.
The charge relates to a construction site at the former SPC Ardmona cannery on Young St, Mooroopna, where Harris Plumbing and Welding was subcontracted to complete pipeworks on the plant-room roof.
WorkSafe prosecutor Simone Tatas told the court four workers got stuck on an overloaded elevated work platform that had stopped, with no fall protection around it, on March 11, 2022.
One of the workers stepped on to an access platform, which gave way, and he fell 3.76m into a mostly empty skip bin.
Ms Tatas told the court the worker who fell had suffered psychologically, broken his heel, hadn’t made a full recovery and was no longer working full-time as a result.
Harris Plumbing and Welding’s defence counsel said his client was a “reputable and moderately successful” business.
He said it was a “small player” that had a tender of about $100,000 in a “big build” worth about $80 million.
He told the court it had used the equipment available to it, and the elevated work platforms were provided by the company it was subcontracted by and had a “successful working relationship” with.
He said this caused a “lapse in judgment” when it came to safety precautions on site, which he admitted were terrible.
He said Harris Plumbing and Welding was remorseful, had “fully co-operated with WorkSafe from the get go” and “responded positively and quickly to safe work practices”.
He also said the company had “extensive experience working at heights” and had been “caught out”.
Magistrate Peter Dunn told Harris Plumbing and Welding it was “continually exposing people to risk”, and it was its responsibility to make sure the site was safe before beginning work.
Mr Dunn said he understood the company was “under all sorts of pressures”, but said “just because everyone else” wasn’t complying with safety measures, “doesn’t mean you should”.
“They need to stipulate their conditions when they agree to take on jobs, or factor them into their price,” he said.
Mr Dunn said this was a “significant lesson” for Harris Plumbing and Welding, and it was “extremely fortunate” the worker survived.
“Coming (to court) is not as bad as going to his family and telling them he’s not coming home,” he said.
Harris Plumbing and Welding was fined $35,000, without conviction, and ordered to pay legal costs of $5000.
The court heard the company responsible for the work on the cannery had taken legal action against Harris Plumbing and Welding.