Better Building Holdings Pty Ltd has today been convicted of category 2 charges and fined $450,000 over the tragic death of Thomas Magi, a carpenter who fell more than six metres at a Denman Prospect worksite in 2020.
The construction company pleaded guilty to the charge laid against it in the Industrial Court Magistrate in February this year.
ACT Work Health and Safety Commissioner, Jacqueline Agius, said all workers deserve a safe and healthy workplace and that residential construction continued to be a priority sector for WorkSafe ACT.
“When we hear news of a worker falling to their death– we should not need to be reminded that they are a person with a family, friends, team-mates, and colleagues, who belongs to a community,” Commissioner Agius said.
“The suffering caused by every work-related tragedy extends beyond the worker and impacts us all. Each workplace fatality is one too many.”
She again extended her sympathy and deepest condolences to Mr Magi’s family.
WorkSafe ACT said a revised version of their Residential Construction Strategy is planned for release later this month.
Commissioner Agius said “significant breaches” continue to be observed on worksites in the Territory by WorkSafe ACT inspectors, and reiterated her commitment to “firm enforcement and compliance” of work health and safety laws.
She said she was “heartened” that Better Building Holdings received sentencing for the “tragic incident”.
“Every worker has the right to a safe workplace and the right to return home safely at the end of their shift. And it is for this reason, on days like today, out of respect for Mr Magi and his family, that we say, enough is enough,” she said.
“Today’s sentencing is a clear message to duty holders, they must comply with their work health and safety obligations and if they don’t, they will be held to account.”
Category 2 charges were also laid on a person conducting a business or undertaking (PCBU) yesterday, regarding a 2020 incident where a worker fell 5.8 metres, resulting in paraplegia. Commissioner Agius said this demonstrated WorkSafe ACT’s commitment to enforcing workplace health and safety laws.
“We take a strong regulatory approach to health, safety and wellbeing. A safe and healthy workplace is a basic right for all workers at all workplaces,” she said.
“WorkSafe ACT inspectors are enforcing compliance with the law in all workplaces every day to improve health and safety. We will not stop. Where safety is at risk, we will be there.”
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