Scaffolding safety failures before fatality lead to $400,000 in fines

The Melbourne County Court fined Max Scaff Pty Ltd $160,000 and Camillo Builders Pty Ltd $240,000 after each company pleaded guilty to one charge of failing to ensure people other than employees were not exposed to health and safety risks. Camillo Builders was the principal contractor and had engaged Max Scaff to supply, install, inspect and maintain the site's scaffolding.

The court heard that a carpenter died in hospital in August 2021 after being found unconscious on the ground beneath scaffolding. His head injuries were consistent with a fall of more than two metres. A scaffold board from above the worker and the tie bar that would normally have secured it were found on the ground nearby.

Prosecutors told the court there was a risk of unauthorised interference with scaffolding between 4 June and 2 July 2021. Max Scaff employees had repeatedly seen scaffold components being removed or discovered them missing. On one occasion, a worker found several ties had been removed, closed access to the affected area, and then reported, inspected and rectified the breach.

Workers also reported to Camillo Builders' site safety representative that plasterers had removed scaffold hand rails and that hand rails had been found on the ground. After reports that window installers had removed several hand rails, Camillo Builders warned them they would be removed from the site if they interfered with scaffolding again.

The court heard both companies failed to reduce the risk of serious injury or death by providing a system to close all scaffold levels where interference was detected until a qualified inspector had inspected them. It was also reasonably practicable for Camillo Builders to investigate every reported instance of unauthorised interference, including preparing an incident report with recommendations for corrective action.

WorkSafe Executive Director Health and Safety Sam Jenkin said scaffolding protected workers from falls only when it was correctly installed, inspected and maintained throughout its use. “There is clear evidence that during the period of offending not enough was being done to prevent and respond to repeated interference with scaffolding at this site,” Mr Jenkin said.

“The fact that a horrific fatality cost the life of a young worker at this site only months after these breaches were detected demonstrates the notorious and grave nature of the risk to which workers were exposed.”

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