Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2:

1. The defendant Newcastle Roofing Professionals Pty Ltd (Newcastle Roofing) was engaged to undertake roof replacement works at a spit-level residential premises. On 8 November 2021 Mr Christopher Rundle, a Roofing Plumber, accessed the roof and traversed the roof towards an anchor point. Mr Rundle slipped before reaching the anchor point. He slid to the edge of the roof and fell approximately 4.2 metres to the ground where he sustained serious injuries.

2. Newcastle Roofing has pleaded guilty to an offence that as a person who had a work health and safety duty pursuant to s 19(1) of the Work Health and Safety Act 2011 (NSW) (the WHS Act) it failed to comply with that duty and thereby exposed workers, in particular Mr Rundle, to a risk of death or serious injury contrary to s 32 of the WHS Act.

3. The maximum penalty for the offence is a fine of $1,782,579.

The Risk

4. The risk described in par 10 of Annexure A of the Amended Summons is as follows:

"The risk was of workers, in particular Mr Rundle, suffering death or serious injury as a result of falling from the perimeter edge of the residential house during roof replacement works."

Reasonably Practicable Measures

5. Paragraph 11 of Annexure A of the Amended Summons pleads particulars of the defendant's failure to comply with the duty under s 19(1) of the WHS Act as follows:

"The defendant failed to ensure so far as was reasonably practicable, the health and safety of workers, including Mr Rundle, in that it failed to take the following reasonably practicable measures to eliminate the risk to the health and safety of the workers, or, alternatively, if it was not reasonably practicable to eliminate the risk, to minimise the risk to the health and safety of the workers by:

(a) Installing fall prevention devices around the perimeter of the roof, such as scaffolding and/or a roof safety rail system (or a combination of both);

(b) Where a fall arrest system was to be used, assessing the anchor point requirements and developing and documenting

i. an anchor point plan which showed the system layout, access points, all fall hazards, anchor point locations and the radius of travel from the anchor in relation to the fall hazards;

(c) Developing, implementing, and enforcing a site-specific Safe Work Method Statement (SWMS) which set out how the risks associated with the work would be controlled, so far as reasonably practicable;

(d) Providing information, training, and instruction to workers on the control measures to be implemented for the works, any fall arrest system to be implemented including, where a fall arrest system was to be used in an anchor point plan, and in the content and use of a SWMS."

Background

6. The parties presented an Agreed Statement of Facts and this material is summarised below.

7. Newcastle Roofing operated a business involving the installation of roofs, guttering, drainage, and downpipes, including remedial and restoration work. The business serviced Newcastle and the surrounding area.

8. Newcastle Roofing engaged the following:

1) Brendan Twist, General Manager;

2) Brendan Fowkes, Production Manager;

3) Jay Karg, Senior Assessor/Production Coordinator. Mr Karg was engaged by Newcastle Roofing through his company, Roofing Sales Pty Ltd;

4) Lee Whatling, Assessor;

5) Brett Woodhouse, Assessor;

6) Liam Anderson, Roofing Plumber;

7) Christopher Rundle, Roofing Plumber. Mr Rundle was a sole trader who contracted his services to Newcastle Roofing;

8) Josh Ramage, Roofing Plumber;

9) Egan Roberts, Roof Labourer;

10) Shannen Allmon, Trainee/Roof Labourer; and

11) Tyler Holt, Roofing Labourer.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1968a6158dd4c454be74053e)

Disclaimer: Curated by HT Syndication.