Roofer, contractor fined over work fall
A TOWNSVILLE roofing company and a sole trader have both been fined for not enforcing proper safety measures on a job, which resulted in a man falling from the roof.
Mal Pirret appeared as a representative for Guucci Roofing Pty Ltd, and pleaded guilty on behalf of the company to a single charge of failure to comply with health and safety duty, exposing an individual with death or serious injury – for a worksite accident on November 7, 2019.
On that day, Guucci Roofing had contracted workers to complete the installation of clip-lock roofing at a home in Heatley.
At 12.30pm, an employee of sole trader Justin Short, who was subcontracted by Guucci Roofing, fell from the roof.
In a separate sentencing, Short pleaded guilty to the same charge.
The court was told the roof the man fell off was 2.9m high, and almost “virtually” flat.
Work health and safety prosecutor Jade Henderson said Pirret had known additional safety measures such as harnesses should have been used by the contractors but failed to enforce it.
She said while Pirret wasn’t directly responsible for supervising Short, he should have known whether the con
tractors were complying with safe work practices.
Pirret’s lawyer said the guardrail required to go around the building had been quoted in the company’s work safety statement but could not be installed.
Instead, harnesses were meant to be used, but weren’t worn by the two subcontractors on the roof, including the man who fell.
Magistrate Peter Smid said the man who fell was an experienced worker, who should have been aware of the risks and safety procedures.
A psychologist’s report tendered to the court spoke of the impact the incident had on Pirret.
Mr Smid the company had since tightened its work health and safety policies.
“This was not a case of wanton disregard … it was limited in time,” Mr Smid said. “I can see and note with concern the effects these proceedings have had on Mr Pirret.”
Taking into account the company’s good record and its updated safety procedures, Mr Smid imposed a fine of $50,000, with no conviction recorded.
“I think whatever has been learned from this accident, and the subsequent prosecution thereof,” Mr Smid said.
Ms Henderson said a second employee of Short’s had raised issues about the lack of a guard rail and suggested they walk away from the job, but Short had decided to work anyway.
Mr Smid said it was concerning both workers had taken the risk.
“The problem is (Short) was not supplied with material. I know you want to get the job done, the roof was flat and dry, the chances of an experienced worker falling that day would have been considered to be very minimal,” Mr Smid said.
Defence lawyer Sean Kelly said Short should have walked away but he had not wanted to hold up work for Guucci Roofing, who he had previously completed work for.
Short was fined $15,000 with no conviction recorded.