'Inherently unsafe': company fined $225,000 after wall collapses on worker

A business’s “lack of adequate training” and not following a manufacturer’s guidelines when using equipment left a building site open to potential injury, a court has found.

JB Slab Pty Ltd had been engaged to carry out construction works at a Taylor building site in May 2022, with the planned works including wall installation.

On 23 May, the company used timber props, rather than the steel recommended by the manufacturer, to brace and hold a wall up.

The following day, the company’s director, Jasvir Singh, was one of several workers on site.

While the concrete was being poured, the wall began to bow and then partially collapsed onto the victim.

In the ACT Magistrates Court on Friday (21 February), Magistrate James Lawton described the worksite as “inherently unsafe” during sentencing.

The company had pled guilty in December 2024 to a charge of failure to comply with a health and safety duty, causing a risk of death or serious injury.

The court heard that, following the collapse, those present tried to lift the wall off of the victim, but it was too heavy.

However, someone working nearby heard screaming and drove a bobcat to the scene, while another person used a concrete cutter to cut into the wall.

The victim would later tell a doctor that he had neck and back pain and was receiving pain medication.

Following the incident, WorkSafe ACT started an investigation, which Magistrate Lawton said “revealed a range of issues”.

He said the business’s actions – which included using timber to brace the wall and not mentioning formwork collapse on a safety document – had created a “high” risk of harm to workers.

“The risk was a consequence of the failure of the defendant to implement safe work methods, provide appropriate materials to brace the Rediwall, to use competent and qualified workers to brace the Rediwall and to provide adequate training to the workers,” he said.

Also, the worker who braced the formwork had never completed a wall formwork course, while the victim hadn’t completed General Construction Induction training.

While the site was signed off on works progressing, Magistrate Lawton said that did not reduce the company’s “moral culpability and responsibility” for their actions that contributed to the risk.

The business could have taken steps at a minimal cost, such as using the proper material to brace the wall or training staff properly to reduce the risk on the worksite, he said.

Since the wall collapse, the company now relies on a sub-contractor to do the work and has also completed work and safety courses.

In a statement released after the sentencing, WorkSafe ACT WHS Commissioner Jacqueline Agius said there was “an easy fix” that could have prevented the incident.

“The manufacturing requirements were steel adjustable props, which cost roughly between $90 and $140 and are reusable,” she said.

“The wall was approximately 5 metres wide and 2.7 high and weighed about 5 tonnes. There is no excuse for these types of safety breaches.

“This is a sobering reminder that when you cut corners with work health and safety, the consequences can become life-threatening in moments. Next time, we may not be able to rely on luck or quick-thinking bystanders.”

In court, JB Slab Pty Ltd was convicted and fined $225,000, with the amount discounted for the guilty plea.