Acon Projects Pty Ltd and Adrian Conditsis have been convicted and fined $480,000 and $20,000 respectively in the District Court of NSW as a result of a prosecution by SafeWork NSW.
These proceedings arose from an incident on 1 July 2021, when a worker sustained injuries after falling approximately 3 metres from a residential construction site at Carlton, New South Wales.
Adrian Conditsis was the sole director of Acon Projects Pty Ltd, which was engaged as the principal contractor at the construction site.
Acon Projects Pty Ltd plead guilty to an offence pursuant to section 31(1) of the Work Health and Safety Act 2011 for exposing workers to a risk of death or serious injury, where it owed those workers a health and safety duty under section 19(1) of the Act.
Adrian Conditsis plead guilty to an offence pursuant to sections 32/27(1) of the Act for failing to exercise due diligence to ensure that Acon Projects Pty Ltd complied with its health and safety duty under the Act.
The full judgment against the defendants can be read on the NSW Caselaw website.
Acon Projects Pty Ltd and Adrian Conditsis 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 from heights on the SafeWork NSW website.
SafeWork Commissioner Janet Schorer said:
“Falls from heights are a primary cause of traumatic injuries and fatalities in NSW workplaces.
“Preventing injuries caused by a fall is an area for action in SafeWork NSW's regulatory priorities this year.
“SafeWork NSW reminds all businesses of their duty to ensure their workers are protected when working at heights.”
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