Pair of Australian Employers Fined after Man Suffers Permanent Fall Injuries

Two Australian companies and two of their directors have been fined a total of $512,500 and ordered to pay WorkCover New South Wales’ legal costs after a man fell from the roof of a large shopping center redevelopment in Merrylands, sustaining severe and permanent injuries.

H Hassarati and Co Pty Ltd (Hassarati) was a demolition and excavation company and BU Hazardous Material and Demolition Pty Ltd (BU Hazardous) was an asbestos and general demolition company, both based in Sydney. The companies were part of the major redevelopment of the Stockland Shopping Centre in Merrylands.

The construction company engaged for the redevelopment subcontracted the demolition works to Hassarati, who then subcontracted BU Hazardous to help it with some of the work, including the removal of roof sheeting and insulation.

The accident occurred when a 56-year-old worker was manually removing roof sheeting and insulation from a building without a harness when he slipped and fell almost eight meters, hitting an air-conditioning duct before landing on the concrete floor below. The man sustained serious and permanent injuries.

1. The defendant did not have enough safety harnesses and inertia reels harnesses for all of the employees required to work on the roof. As a result BU Hazardous did not provide the injured person or other employees working on the inner section of the roof with harnesses.

2. There were no adequate safety instructions or training provided for working from heights to employees.

3. There was no system in place to make sure all workers were provided with a harness at all times while on the roof.

4. Both companies had failed to properly supervise and instruct their staff.

Both companies were charged with breaches to the Occupational Health and Safety Act 2000.

BU Hazardous was convicted and fined $300,000 and its director Bo Ung was convicted and fined $30,000. Hassarati was convicted and fined $175,000 and its director Paul John Hassarati was convicted and fined $7,500.

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