Builder fined $300K over carpenter’s death

Victorian builder has been convicted and fined $300,000 in the County Court over an incident in which a carpenter died after being crushed by a brick wall. Bilic Homes Pty Ltd pleaded guilty to one count of breaching the 2004 OHS Act by failing to maintain a safe workplace.

Background

The court heard the incident took place in June 2014 during the construction of two units on a site in Brighton East.

The court was told the company ordered bricklayers to build the footings and two brick veneer boundary walls of the rear unit, although the subfloor and frame had yet to be built. Building the subfloor and frame first was standard building practice because this allowed exterior cladding, such as brickwork, to be supported.

The southern boundary wall, which was 2.89m high, was built first without incident. The northern wall, which was 2.7m tall and 7.47m long, took two days to build. The brickwork was finished on 13 June.

At the time the boundary walls were completed, there was still no frame in place on the rear unit, and the stump holes had not been dug to allow the sub-floor to be laid. The walls were not braced externally because the company had not sought access from the neighbouring properties, and there was no interior bracing because an excavator was due to come on the site to dig the stump holes.

Need to brace walls not discussed

The court was told that although the company had ordered the walls to be built outside the normal sequence of construction, the need to brace the walls was never discussed with the bricklayers.

It had also not consulted the contracted engineers for any guidance or documentation associated with the temporary bracing of masonry walls, the leaving of a wall unsupported or an alternative construction system.

Strong wind caused wall to collapse

On 23 June, there was a forecast of severe weather for the bayside area, including strong winds. The carpenter was one of two working on site and, following a discussion with the company owner about the weather, it was agreed the safest option for both carpenters was to work on the floor of the rear unit.

A short time later, the carpenter was working close to the northern wall while the other was assisting by bringing sheets of flooring to him from a central stack.

After leaving a sheet, the second carpenter had turned and taken three steps away from the area when he heard a loud noise like a strong gust of wind. When he turned back, he saw that the brick wall had collapsed on his workmate.

Tragedy “should never have happened”

WorkSafe executive director health and safety, Marnie Williams, said the incident was a tragedy that should never have happened.

“This incident could have been prevented had the employer followed the proper standards and ensured that the wall was braced,” Ms Williams said.

Ms Williams said the company had failed to coordinate the order of construction activities so that adequate structural support was provided for the wall as it increased in height.

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