$125,000 Fine After Workers Fall

admin • October 15, 2024

Valmont (Vic) Pty Ltd was sentenced in the Sunshine Magistrates' Court on Thursday 3 October after earlier being found guilty of one charge of failing to provide and maintain a safe system of work and one charge of failing to ensure a workplace under its management or control was safe and without risks to health.

Valmont was fined without a conviction and mandated to pay $42,752 in costs. The company had been assigned to transform level two of a multistorey car park on Clarke Street in Sunshine into office space. The project entailed the removal of a car park ramp between levels one and two, the installation of structural steel and formwork, and the pouring of concrete into the void to finalize the office floor. In July 2019, a segment of the formwork collapsed when a steel beam connecting it to the existing slab detached as the concrete was being poured, resulting in three workers plummeting more than two metres to the level below. Two workers were hospitalized with serious injuries. A WorkSafe inquiry revealed that Valmont had failed to arrange for a building surveyor or engineer to inspect the formwork prior to the concrete pour. The court concluded that it would have been reasonably practicable for Valmont to have organized a pre-pour inspection and to have secured a written inspection report affirming that the formwork was structurally sound to bear the concrete pour.

WorkSafe Executive Director of Health and Safety Sam Jenkin said working with formwork could be high risk and there was no excuse for omitting important safety processes.

"Having a competent person inspect formwork before a concrete pour begins is a crucial step designed to avoid exactly this kind of disastrous scenario," Mr Jenkin said.

"In this case two workers were injured and it could very easily have been much, much worse."

To prevent falls when working with formwork employers should:

  • Ensure a competent person produces a formwork design capable of supporting the expected dynamic and static loads.
  • Have systems in place to formally sign off a formwork deck as structurally sound, complete and safe for other trade workers to use as a work platform.
  • Provide employees undertaking construction work with site specific training, including the onsite risks associated with formwork decks.
  • Ensure High Risk Construction Work is not performed unless a Safe Work Method Statement is prepared and followed.
  • Use a fall arrest system, such as a catch platform or safety nets.

For more information visit: https://www.worksafe.vic.gov.au/news/2024-10/125000-fine-after-workers-fall-concrete-formwork-collapse

SWMS, HRCW & HSRs

By admin • April 29, 2025
HSRs should be involved when a SWMS is prepared for HRCW. Who doesn’t love an acronym? Let’s start with some definitions... SWMS stands for Safe Work Method Statement. This is a document which must be prepared before any HRCW commences. It sets out how the HRCW is going to be carried out at the workplace. It includes an outline of the hazards involved and what control measures are to be put in place to control the risks. HRCW stands for High Risk Construction Work. It is defined in Regulation 322 of the Occupational Health and Safety Regulations 2017 : In this Part, "high risk construction work" means any of the following construction work— (a) where there is a risk of a person falling more than 2 metres; (b) on telecommunications towers; (c) involving demolition; (d) involving the removal or likely disturbance of asbestos; (e) involving structural alterations that require temporary support to prevent collapse; (f) involving a confined space; (g) involving a trench or shaft if the excavated depth is more than 1·5 metres; (h) involving a tunnel; (i) involving the use of explosives; (j) on or near pressurised gas distribution mains or piping; (k) on or near chemical, fuel or refrigerant lines; (l) on or near energised electrical installations or services; (m) in an area that may have a contaminated or flammable atmosphere; (n) involving tilt-up or precast concrete; (o) on or adjacent to roadways or railways used by road or rail traffic; (p) at workplaces where there is any movement of powered mobile plant; (q) in an area where there are artificial extremes of temperature; (r) in, over or adjacent to water or other liquids where there is a risk of drowning; (s) involving diving. “Construction Work” means "any work performed in connection with the construction , alteration, conversion, fitting out, commissioning, renovation, refurbishment, decommissioning, or demolition of any building or structure , or any similar activity." So, what role can HSRs play when it comes to SWMS? Health and safety representatives play a key role in the safety of their workplaces, including in relation to SWMS: As with all Health and Safety matters, the HSRs can and should be involved if the work affects their designated work group (DWG). As part of their legislated duties, the employer must consult with the employees and their HSRs. The HSR can play and important role in reviewing the SWMS and raising any concerns from their DWG. If conditions change, or if risks are not adequately controlled, then a SWMS must be reviewed. HSR’s are well placed to detect when this is the case and therefore bring this to the attention of their employer. HSRs and their workmates in their DWG are the best people to help in designing and reviewing SWMS, as they are the ones actually doing the work. They will have hands-on knowledge of how the job is done, any relevant site-specific factors, what hazards and risks are present, how best to control them and know if conditions change on-site (eg: weather). HSRs may also be able to help ensure that their co-workers fully understand the SWMS and are ready to go and do their work safely.  After all, the purpose of the SWMS is to ensure that they are safe while they do their work! For further reading, there is some great material on this topic at: Safe Work Method Statements (SWMS) | WorkSafe Victoria

Working from home

By admin • April 21, 2025
Working from home has become very common. Sometimes we can be permanently working from home, temporarily or as part of a hybrid arrangement. Even though we are not physically in our usually workplace, our home has now become our workplace and so this means that OHS Laws still apply, and all the legislated duty holders still have the same duties under The Act. The employer still has duties, including to ensure a safe workplace, mitigate OHS risks and to consult with their employees. The employee has a duty to take reasonable care for their own safety and to co-operate with safety measure put in place by their employer. The risk management process should still take place, even though you are working in your home environment, and we must seek to identify hazards as a starting point. Common hazards which you may find when you assess your own home work environment could include: Poor lighting Noise Poor temperature control Electrical hazards Psychosocial hazards (eg: job demands, poor role clarity, lack of support, online abuse, bullying, etc) Fatigue Domestic violence Trip and slip hazards Poor ergonomics The individual worker is particularly important in the hazard identification and risk management process in the work from home context. This is because they are often the only person who will be aware of the risks associated with their individual home environment. For more information on this topic, take a look at: https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/working-home https://www.worksafe.vic.gov.au/officewise-working-home