SafeWork SA lays charges over 2020 gym incident at Urrbrae Agricultural High School

An Adelaide man was seriously injured after plunging more than 3m as he helped move fitness equipment in an unsafe high school gymnasium, the state’s safety watchdog alleges.

An Adelaide man was seriously injured after plunging more than 3m as he helped move fitness equipment in an unsafe high school gymnasium, the state’s safety watchdog alleges.

SafeWork SA has charged the Education Department, Urrbrae Agricultural High School’s facilities manager, Fitme Pty Ltd, and owner, Richard Anthony Mills, over the 2020, incident.

In a landmark prosecution, the watchdog said it was the first time an individual public servant has been charged for breaching work and safety laws.

The middle-aged victim, a father who authorities asked not be named, cheated death but spent a month in hospital with serious injuries, including a broken back.

Court documents allege the November 27 incident occurred when Mr Mills asked the school’s facilities manager, Kym Gregory Emmins for help moving EFM Health Club Urrbrae’s equipment from the school’s mezzanine to the ground floor.

SafeWork SA executive director Martyn Campbell described the case as “very serious”. Picture: Tait Schmaal

A SafeWork SA summons alleges Mr Emmins, 67, cut part of a protective stair fence to allow a forklift to lift a pallet as the fitness classes vacated the southern suburbs school gym.

The watchdog alleges the parties’ failure to comply with its health and safety duty “exposed (the victim) to a risk of death or serious injury”.

“Being the risk arising from falling from a height of 3.2m from the elevated walkway to the paved surface below,” the charge sheet read states.

“(That) risk materialised when (the victim) while carrying a load fell from the unprotected edge on the elevated walkway, causing serious injuries requiring hospitalisation for … more than a month.”

Investigators accuse the parties of failing to cancel the works, use professional removalists, have safety harnesses, a proper moving plan, hang warning signs or bunting and install temporary barriers.

The victim, a gym user who volunteered to help, was also not instructed properly on safety or supervised.

None of the parties have yet to plead to the Category 2 offence that breaches the Work Health and Safety Act.

If convicted, Adelaide Hills-based Mr Emmins, of Balhannah, faces a maximum $150,000 fine as does Mr Mills, 67, of Malvern.

Mr Mills’ fitness business, which corporate records show was founded in 1996, has a maximum penalty of $300,000.

The Education Department could face a $1.5m penalty if found guilty.

SafeWork SA executive director Martyn Campbell, who is leaving the agency, said it was a “very serious case”.

“Someone received a broken back, among other injuries, and could easily have died,” he said.

“This was because a decision was made that resulted in a very safe situation becoming incredibly unsafe.”

He said a duty of care still applies to volunteers. “If someone helps you, you owe them a duty to look after their health and safety,” he said.

An Education Department spokeswoman said: “We take safety seriously and the department has been co-operating with SafeWork SA since this incident occurred.”

Mr Mills declined to comment while Mr Emmins did not respond to inquiries. The victim was unavailable overseas.

The case is listed in the South Australian Employment Court later this month.

Originally published as SafeWork SA lays charges over 2020 gym incident at Urrbrae Agricultural High School