Brayden Asser accident death: Landmark Roofing found guilty of negligence
With one step a brittle skylight caved and Brayden Asser fell causing the injuries that led to his death. Now his employer has been found guilty of failing to comply with its health and safety duty.
Newcastle
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More than two years ago Lake Macquarie apprentice Brayden Asser tragically fell while on a work site in Newcastle.
On March 8, 2018, the then 20-year-old roof plumber — who had been an apprentice for nine months — was replacing the roof of a recycling facility in Mayfield which had suffered fire and storm damage.
With one small step a brittle skylight crumbled beneath his foot. The harness he was wearing did nothing because it wasn’t connected to a static line.
Mr Asser fell six metres and hit his head on a steel crane rail inside the building.
His legs became entangled and he was suspended upside down before being rescued.
Sadly, he couldn’t overcome his severe injuries and Mr Asser died in hospital from a massive stroke nine days later.
Safe Work NSW took Mr Asser’s employer Landmark Roofing Pty Ltd to court over the fatal accident, claiming they were negligent in providing health and safety to workers while on site.
They claimed the Newcastle company failed to ensure the use of a fall restraint system, inspect the roof prior to work or conduct a risk assessment exposing Mr Asser and his supervisor Douglas Dart to a risk of death or serious injury.
Landmark Roofing pleaded not guilty, but in the NSW District Court last week, it was found the company failed to comply with its health and safety duty and the Judge ruled them guilty of the offence.
Court documents revealed both Mr Asser and Mr Dart replaced a first skylight with metal roof sheeting without incident and that it was on the second skylight when the incident happened.
Both men were wearing safety harnesses, but they were not roped onto a static line
Court documents detailed how Mr Asser swung his left leg over the skylight and when he transferred his weight, it cracked, causing him to fall.
It stated there was no clear direction and instruction to use the fall restraint system when working on the alcove roof and there was no instruction not to work on the roof unless workers were using that system properly.
The proceedings have been listed for a sentence hearing in June.