Ausko Design Constructions Pty Ltd, Oh Haan Constructions Pty Ltd and Oh Haan Constructions Pty Ltd Director Mr Ju Sik Oh have been fined $100,000, $15,000 and $90,000 respectively in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
These proceedings arose from an incident on 5 October 2023, when a worker was seriously injured after falling about six metres from an unsafely constructed scaffold.
Ausko Design Constructions pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 (the Act) for failing to comply with its health and safety duty to workers under section 19(1) of the Act.
Mr Oh, who was the sole director and site foreman, pleaded guilty to an offence pursuant to section 32 of the Act for failing to comply with his health and safety duty under section 28(b) of the Act.
The full judgments against Ausko Design Constructions Pty Ltd, Oh Haan Constructions Pty Ltd and Mr Oh can be read on the NSW Caselaw website at SafeWork NSW v Ausko Design & Construction Pty Ltd; SafeWork NSW v Oh Haan Constructions Pty Ltd; SafeWork NSW v Oh.
Ausko Design Constructions, Oh Haan Constructions Pty Ltd and Mr Oh 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.
Quotes attributable to SafeWork Commissioner Janet Schorer:
“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 with potential falling hazards and working at heights.”
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