'Erroneous advice' on safety of 6 tonne wall led to building site collapse that injured worker, court hears

A company has admitted to a workplace incident that left a worker with back injuries when a wall collapsed.

Court documents state that a company, JB Slab Pty Ltd, had been engaged to carry out construction works at a Taylor building site, with the planned works including wall installation.

The wall that collapsed was about 5 metres long and 2.7 metres high. When filled with wet concrete, it weighed about 6 tonnes.

However, timber props, rather than the steel recommended by the manufacturer, were used to brace it and hold it up.

The facts state that contrary to recommendations, the timber props were spread too far apart and not properly fixed to the wall. Also, the wall’s window opening did not have support around it.

On 23 May, a certifier signed off on the site, saying the workers could pour concrete. The court heard the certifier had died since the incident.

The following day (24 May 2022), the company’s director, Jasvir Singh, was one of several workers on site.

While the concrete was being poured, one of the workers noticed the western wall was beginning to bow. The wall then partially collapsed onto the victim.

It was his first day at work at the company, and he hadn’t completed General Construction Induction training.

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.

Following the incident, WorkSafe ACT started an investigation.

The victim also later told a doctor that he had neck and back pain and received pain medication for it, but wasn’t seriously injured from the collapse.

JB Slab Pty Ltd pled guilty to a charge of failure to comply with a health and safety duty, causing a risk of death or serious injury while in the ACT Magistrates Court on Tuesday (17 December).

In court, defence lawyer James Maher said that while there had been “a lack of proper training”, his client had “effectively learnt on the job” and “learned the incorrect, or at least inadequate” method.

“It may well be that multiple people failed to appreciate the risk and the inadequacy of the bracing method used,” he said.

Since the incident, Mr Maher said Mr Singh had undertaken workplace safety programs, sought counselling, and started using a subcontractor for that kind of work.

He also asked the court to award a minimal fine, saying that a more significant penalty could bankrupt Mr Singh.

“Whilst it is a viable business … it’s not a highly profitable business. It’s not a large company that can easily absorb a significant financial penalty,” he said.

However, prosecutor Sofia Janackovic said his financial circumstances were “not so dire”, as the business had a turnover of about $3 million in both the 2022/23 and 2023/24 financial years.

Ms Janackovic that while the certifier had approved the set-up on 23 May, that was based on “erroneous advice” and that there had been a “chain of unsatisfactory events” starting before the collapse.

“It shouldn’t have happened [that they proceeded with pouring the concrete],” she said.

She also said that Mr Singh had completed at least one of the courses while the matter was being finalised rather than after the wall collapse.

“One does question whether that is a genuine indication of commitment to worker health and safety,” she said.

Magistrate James Lawton will deliver his sentence in February 2025.