Business fined after fatal workplace incident

Department of Customer Service

A building company and its subcontractors were fined a total of $620,000 for breaches of the Work Health and Safety Act 2011 after a brick wall fell on two men, killing one and injuring another at a building site in Carlingford.

NSW Bricklaying Pty Ltd (NSWBL) was fined $500,000, Effective Building and Construction Pty Ltd (EBC) was fined $60,000, and another company director, Jianen Wang, was also fined $60,000 following a prosecution by SafeWork NSW.

Valerie Griswold, SafeWork NSW Executive Director of Investigation and Enforcement said employers need to do all they can to protect workers and ensure they dot their I’s and cross their T’s when it comes to high risk construction work.

“Each party responsible failed to apply appropriate risk management and safety measures, ultimately failing in their duty to protect workers,” Ms Griswold said.

In 2017, EBC was contracted to build a two-storey duplex at a site in Carlingford. The company hired WZY Development Pty Ltd (WZY) and its director, Mr Wang, to manage activities.

In May 2017, Mr Wang engaged NSWBL to build a wall to divide the duplexes. The company built a 6.5 metre wall that was subsequently found to have been inadequately braced.

On August 16, two carpenters were working near the base of the wall. It was a poor weather day with wind speeds of up to 74 km/h recorded.

The wall fell on top of the pair, pinning them both. One worker was unresponsive and died at the scene, while the other suffered scratch marks to his face and was treated for shock.

“Risks assessments were not completed at this site, nor were temporary supports installed, safe work method statements implemented, or adequate supervision provided to workers,” Ms Griswold said.

“All of these things put the workers on site at significant risk.”

“The SafeWork NSW codes of practice outlines how to manage construction risks in line with the legislation and all employers are responsible for complying with this guidance.”

“However, if you find yourself working unsupervised on a dangerous building site – stop and report it to SafeWork on 13 10 50 or via the Speak Up Save Lives app.”

EBC, NSWBL and Mr Wang have the right to appeal their sentences.

/Public Release.