SA Construct Pty Ltd and Brother Hu Pty Ltd fined after worker seriously injured in 4.6m fall

Two companies have been fined a total of more than $100,000 after a worker suffered horrific injuries when he fell through a skylight at an aged care facility.

Two companies have been fined after a labour hire worker fell 4.6m through a skylight at an aged care facility and suffered horrific injuries.

Construction company SA Construct Pty Ltd and labour hire firm Brother Hu Pty Ltd were sentenced in the SA Employment Tribunal last week over their breaches of the Work Health and Safety Act.

SafeWork SA commenced an investigation into the incident, which occurred at the Resthaven Age Care Facility in Bellevue Heights in March 2022.

SA Construct had been contracted to remove old roof tiles and replace them with corrugated iron sheeting.

Brother Hu, who employed the labourer, was providing workers to undertake the work.

Before starting the project, SA Construct undertook a risk assessment to identify potential hazards – but, critically, it missed the skylight.

SA Construct Pty Ltd and Brother Hu Pty Ltd were fined after the worker was seriously injured in 4.6m fall. Photo: File

On the day of the incident, two SA Construct workers were removing tiles and placing them in piles.

The labourer who was injured was tasked with carrying the tiles to the edge of the roof.

Although he was not required to go near either of two skylights on the roof, he somehow fell through one, landing 4.6m onto the floor below.

He suffered a concussion, a fractured scapula and two fractures to his spine along with other internal injuries.

After being released from hospital, the labourer required a further six months of ongoing medical and physiotherapy treatment during which time he was unable to work.

After pleading guilty over their failures to ensure the health and safety of their workers, SA Construct was fined $90,000, while Brother Hu Pty Ltd was fined $18,000.

Both SA Construct and Brother Hu have since introduced a raft of measures to improve work health and safety.

SA Construct also provided rehabilitation and return to work support for the injured labourer beyond its legal requirements.

In her sentencing remarks, Deputy President Katherine Eaton said that although SA Construct did pay attention to its health and safety obligations it failed on this occasion.

SafeWork SA Executive Director Glenn Farrell said the injuries caused to the labourer were serious but could have been worse.

“Workers have died falling from lower heights,” he said.

“Fall prevention should be the first hazard businesses identify and manage appropriately.

“Simple protection over or barriers around the skylight would have easily avoided this incident.”