Worker impaled by a concrete reinforcing bar. 

In Safe Work NSW v Universal Property Group Pty Ltd [2018] NSWDC 19, a PCBU was constructing a residential apartment complex and as the result of an incident at the work place, was charged with and convicted of a Category 2 offence after a Surveyor’s Assistant fell through a penetration and became impaled by a concrete reinforcing bar.  A category 2 offence applies for failing to comply with a health and safety duty and exposing a worker to the risk of death or serious injury.    

The worker attended the site with his colleague to survey a deck and found unmarked plywood covering a penetration. The worker thought that the plywood was a spare piece and after moving it, he fell through the penetration void, suffering injury. 

The Court noted that the Safe Work Australia Guide to Formwork (the Guide) provided that only using plywood covers was not a satisfactory control measure and recommended that they be painted and marked and secured to concrete to carry different loads.  

The Court noted that the relevant Safe Work Method Statement only referred to the Guide generally, assumed knowledge and did not set out the required procedure. 

The Court held that the risk of injury was obvious and control measures to cover the penetration were well known, simple and available and that the PCBU failed to properly supervise the contractors who installed the formwork. 

The PCBU was fined $135,000 and ordered to pay the prosecutor’s costs.