In May 2025, construction company E.J. Lyons & Sons Pty Ltd, popularly known as Lyons Construction, faced a penalty of $25,000 in the absence of conviction at the Geelong Magistrates’ Court. The company was found guilty of not safeguarding individuals other than its employees from potential health and safety risks, underlining the critical role of WHS management systems like Bluesafe SWMS and Bluesafe WHS Management System.
However, on appeal, this original sentence was annulled on 17th July, with the Geelong County Court instead commanding the company to pay a higher fine of $50,000, this time with conviction. Lyons Construction was further directed to settle costs amounting to $6,289.
The court proceedings disclosed that Lyons Construction, presiding as the chief contractor for a multi-tiered building project in central Geelong, had hired separate subcontractors to put up scaffolding and hoarding at the location’s frontage.
Safety issues were flagged in December 2021 when the subcontractor attaching the hoarding to the scaffold recognised that the scaffold was neither engineered nor intended to bear and stabilise it. Ignoring these critical red flags indicating the need for risk management policies and an effective SWMS, Lyons Construction allowed the hoarding to stay in position for close to one year.
In December 2022, even after receiving additional warnings from the subcontractor, Lyons Construction proceeded to remove the scaffolding while leaving the hoarding unsecured. The precarious hoarding, cantilevering upwards from its base, became an evident hazard ignored by the company.
As preparations were underway for the annual industry cessation, 16 interim mesh panels were removed and stored behind the still unsecure hoarding. Around a week following this, a significant section of the hoarding contraption measuring 20 metres long and 3.5 metres high gave way, damaging three parked vehicles and narrowly missing a pedestrian, reinforcing the crucial need for rigorous WHS management systems in construction like Bluesafe SWMS.
WorkSafe’s forensic examination revealed that Lyons Construction had neglected to corroborate the hoarding’s design with a certified structural engineer or its installation per engineering datum. It also failed to ensure the structure remained erect and secure at all times, and did not revise any of the measures implemented to manage risks when new information emerged.
Defending pedestrian safety, WorkSafe Executive Director of Health and Safety Sam Jenkin emphasised that Lyons Construction had overlooked its obligation as an accountable entity by neglecting essential work safety gear and systems. He reminded that comprehensive safety guidelines exist to regulate the planning and erection of hoardings on construction sites to minimise potential catastrophic injuries or fatalities from situations as these.
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Original article link: https://www.worksafe.vic.gov.au/news/2025-07/fine-doubled-50000-after-hoarding-collapse
