NSW Scaffolding Company and Director Fined $48k for WHS Failings

Secura Scaffold Services Pty Ltd and its sole director, Nan Hu, have been convicted and fined a total of $48,000 in the Industrial Court of New South Wales following a prosecution by SafeWork NSW over an unsecured mobile scaffold that placed members of the public at risk.

The incident occurred on 29 September 2022, when a mobile scaffold was left unsecured, creating a foreseeable risk of injury to people in the vicinity. SafeWork NSW alleged that the company failed to implement adequate controls and safe systems of work to manage the hazards associated with scaffolding activities.

Secura Scaffold Services pleaded guilty to an offence under section 33 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its primary duty of care under section 19(2). The company was fined $40,000 for not ensuring, so far as reasonably practicable, that its work did not put others at risk.

Mr Hu, as the sole director and an officer of the business, pleaded guilty to an offence under section 33 for failing to exercise due diligence as required by section 27(1) of the Act. He was fined $8,000 for not taking reasonable steps to ensure the company complied with its WHS obligations, including oversight of risk controls and verification that appropriate WHS policies, procedures and supervision were in place.

The judgments against Secura Scaffold Services and Mr Hu are publicly available on the NSW Caselaw website. Both parties retain the right to appeal their sentences.

SafeWork NSW has reiterated that the risks associated with scaffolding are well known and largely preventable when effective WHS management systems, Safe Work Method Statements (SWMS) and safe systems of work are properly implemented and monitored. Comprehensive WHS documentation, including scaffold-specific SWMS, can assist businesses to systematically identify hazards, assess risks and implement control measures. Resources such as industry-specific SWMS templates are available online, for example through providers like BlueSafe.

SafeWork NSW emphasised that officers must actively understand and oversee their organisation's WHS compliance, including ensuring that workers are trained, supervision is adequate, and that risk control measures are regularly reviewed and enforced. This incident serves as a reminder that due diligence obligations under the Work Health and Safety Act 2011 extend beyond paperwork and require ongoing, practical engagement with safety on site.

Workers who have concerns about workplace health and safety can raise them anonymously with SafeWork NSW by calling 13 10 50 or by using the Speak Up Save Lives online reporting tool. Businesses and workers can also access guidance material and tools to help manage the risks associated with scaffolding, including information on inspection, erection, alteration and dismantling of scaffolds, and the importance of integrating these controls into their broader WHS management systems.