SafeWork South Australia recently reported on two construction companies that have been fined $750,000 for a worker’s death.

Lightforce Asset Pty Ltd and Civil and Allied Technical Construction Pty Ltd (Catcon) both made early guilty pleas, which resulted in a statutory 40% discount in the fine.

This case is instructional in what can happen when health and safety obligations and processes are ignored.

Facts of the case

In 2018, Catcon was contracted to assist in building a solar farm. Catcon in turn subcontracted Lightforce to supply machinery and a specialist operator.

In order to drive longer piles than the machinery had been designed for, the specialist operator had modified the hydraulic piledriver, overriding built-in safety mechanisms. The Catcon supervisor was aware of these modifications.After the modifications were made, the piledriver jammed. When the operator went to inspect it, the piledriver’s hammer released, crushing him to death.

SafeWork SA determined that the Catcon supervisor did not have the skills, knowledge or experience required to manage the safety risk.

Both Catcon and Lightforce pleaded guilty to breaching their health and safety duties.

Catcon was convicted in the South Australian Employment Tribunal with a fine of $450,000 (down from $750,000 before 40%) plus costs. The Tribunal determined that Catcon had failed to:

• Use a safe system of work to minimise the risk of injury
• Complete a hazard analysis and risk assessment prior to undertaking the task
• Prepare a safe operating procedure that related to the plant and tasks

Lightforce was convicted with a $300,000 fine ($500,000 before 40% discount) plus costs after the Tribunal determined that Lightforce had failed to:

• Ensure a hazard identification and risk assessment was completed to identify risk or injury
• Ensure the operator operated within the guidelines of Safe Work Method Statements
• Maintain the pile driver as is reasonably practicable and fit for purpose

Key takeaways

It’s important to note that both the employer and the subcontractor were held responsible in this case. As the SafeWork SA Executive Director Martyn Campbell said, “It is imperative that Head Contractors manage their sub-contracting parties. Contractors may delegate some responsibility but cannot delegate accountability for their work health and safety duties under the law.”

This tragic event could have been avoided had the companies simply ensured that their responsibility in relation to safety were followed. If we look at what both companies failed to do, in the determination of the Tribunal, it’s clear to see what they and other companies should be doing.

In addition, there are currently no industrial manslaughter laws on the books in South Australia but had there been, the penalty for these companies might well have been much worse.