Charges laid over residential construction fall

​Two Darwin companies and their respective directors have been charged by NT WorkSafe after a young worker was seriously injured falling at a residential construction site.

On 24 August 2016, the 19 year old worker fell approximately 2.9 metres through a void and broke his left femur. NT WorkSafe alleges the construction site had numerous fall from height issues due to the lack of fall or edge protection, as well as other safety issues.

It is also alleged that at the time of the incident, the site was unsupervised and the workers present spoke limited English which lead to a delay in the injured worker receiving medical assistance.

Charges have been laid against ACSM Builders Pty Ltd and company director Sakellarious Athanasiou as the principal contractor of the construction site in Stuart Park. ACSM Builders Pty Ltd and Mr Athanasiou each face one charge contrary to Section 32 of the Work Health and Safety (National Uniform Legislation) Act, for failing to comply with health and safety duty.

NT WorkSafe alleges Mr Athanasiou as a director did not exercise due diligence and that ACSM Builders Pty Ltd:

• failed to ensure fall or edge protection was installed onsite;
• failed to identify and remedy trip hazards caused by rubbish and building material;
• failed to follow relevant safe work method statements (SWMS) for the worksite;
• failed to conduct site inductions for workers.

Charges have also been laid against FR Tiling Pty Ltd and company director Farshid Yaweri, as the employer of the injured worker, subcontracted to undertake the tiling work. FR Tiling Pty Ltd and Mr Yaweri each face one charge contrary to Section 32 of the Work Health and Safety (National Uniform Legislation) Act, for failing to comply with health and safety duty.

It is alleged Mr Yaweri as a director did not exercise due diligence and that FR Tiling Pty Ltd:

• failed to assess and address risks at the worksite prior to deploying workers;
• failed to conduct site inductions for workers;
• failed to have and follow appropriate SWMS for the work being done;
• failed to adequately supervise workers;
• failed to conduct work health and safety training including how to contact emergency services in the event of an emergency.

If found guilty, both companies will each face a maximum penalty of $1,500,000. As company directors, Mr Athanasiou and Mr Yaweri will each will face a maximum penalty of $300,000 if found guilty.

The matter is listed for mention in the Darwin Local Court on 28 February 2018.