Philip Butterworth of Noosa Roofing fined for failing to comply with workplace health and safety duty

An “obvious hazard” that caused a worker to fall over five metres and spend weeks in hospital undergoing surgery has resulted in the company owner paying a hefty fine.

Philip Butterworth of Noosa Roofing fined for failing to comply with worth health and safety duty.

The owner of a family-owned business has copped a $25,000 fine after one of his workers fell from a roof and spent two weeks recovering in hospital.

Noosa Roofing owner Philip Butterworth pleaded guilty in Maroochydore Magistrates Court on Tuesday October 26, to one charge of failing to comply with a workplace health and safety duty.

The court heard Butterworth failed to inform one of his workers of a hazard when they were working at a two-storey Peregian Beach house on April 23, 2020.

Earlier in the day, Butterworth had informed his workers of the uncovered polycarbonate clear sheeting that could not withstand a substantial amount of weight and it had been covered by the site supervisor with two pieces of plywood as a safety measure.

Towards the end of the work day, the plywood had been removed by someone and Butterworth failed to let one of his long-term workers know that the clear material was exposed once again.

The worker, who had worked at Noosa Roofing for 14 years, was wearing sunglasses that were dirty and thought the plywood was still in place.

He stepped onto the clear sheeting, fell through it and onto the brick paving and concrete stairs below.

Philip Butterworth leaving Maroochydore Magistrates Court on Tuesday.

He fell approximately 5.1m and sustained “substantial injuries” including a fractured right femur, two hairline fractures in his right foot, a fractured right hip, two hairline fractures on his lower vertebrae, a broken wrist and two dislocated fingers.

He required surgery, stitches to his face and was hospitalised for two weeks.

The employee was out of action for eight months and may never be able to work as a roofer again.

The court was told that Butterworth’s failure to implement control measures exposed the worker to a risk of death or serious injury and the maximum penalty was a $300,000 fine.

In his summary, Magistrate Matthew McLaughlin said Butterworth’s explanation for the failure was that it was near the end of the day and he didn’t think his employee would be going back up onto the roof.

“It slipped your mind, you didn’t think of it and didn’t tell him about it,” Mr McLaughlin said.

“(The worker) didn’t notice what was an obvious hazard.

“The fact he didn’t die is quite fortunate … five metres is a long way to fall.”

Butterworth has operated the business for over 20 years, was cooperative with authorities, remorseful about his failures and has not had any previous workplace health and safety convictions.

Magistrate Matthew McLaughlin fined Butterworth $25,000 for the offence. No conviction was recorded.