Secura Scaffold Services Pty Ltd and director Nan Hu have been convicted and fined a total of $48,000 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 29 September 2022, when members of the public were placed at risk due to an unsecured mobile scaffold.
Secura Scaffold Services plead guilty to an offence pursuant to section 33 of the Work Health and Safety Act 2011 for failing to comply with its duty under section 19(2) of the Act. The company was fined $40,000.
Mr Hu, who was the sole director of Secura Scaffold Services, plead guilty to an offence pursuant to section 33 of the Act for failing to exercise due diligence as an officer of the business as required under section 27(1) of the Act. He was fined $8,000.
The judgments against Secura Scaffold Services and Mr Hu are published on the NSW Caselaw website.
Secura Scaffold Services and Mr Hu have the right to appeal against their sentences.
Workers who have concerns about workplace health and safety can anonymously contact SafeWork NSW on 13 10 50 or through the Speak Up Save Lives website.
Business owners and workers can access a range of resources to help manage the risks of working with scaffolding.
Quotes attributable to SafeWork Commissioner Janet Schorer:
“Risk control measures for working with scaffolding are well known. Being injured when working in and around scaffolding is a preventable hazard we see across our State and across all industries.”
“Having an awareness and assessment of the risks, along with implementation of safe systems of work, is key to reducing the number of incidents related to scaffolding.”
“This incident serves as a reminder for officers to be aware of their duties to exercise due diligence under the Work Health and Safety Act 2011.”
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