A window cleaner fell from a height of five metres as he was standing on a ladder placed on a patch of carpet to clean 7.5 metre high windows of a newly built café in the case of Hillman v Area Construction Labour Services Pty Ltd [2009] SAIRC 67 (20 October 2009). The carpet slid on the timber floor and as a consequence the feet of the ladder slid with it. As a result, the window cleaner suffered multiple skull fractures and suffered a high level of permanent brain damage causing cognitive impairment, loss of vision and speech and epilepsy.
The window cleaner’s employer Area Construction Labour Services Pty Ltd (ACLS) had earlier been told by the café owner not to mark the timber floor with its equipment. In order to prevent any markings, a patch of carpet was used beneath the ladder. However, it was later discovered the ladder had not been secured in any way. This was a clear breach of the working from heights standard. Far too often, people compromise safety for various service related issues.
Consequently, ACLS pleaded guilty to breaching the Occupational Health, Safety and Welfare Act 1986 (SA).
At the hearing in the Magistrates Court, it was revealed that ACLS had developed in 2005, a health and safety policy that identified the risks of unsecured ladders and suggested using other equipment, such as scaffolding or scissor lifts, when working at heights.
Industrial Magistrate Stephen Lieschke said “Regrettably, the policy was not applied to this job…a narrow focus on avoiding damage to the floor appears to have been the primary consideration when deciding upon a system of work to be employed.”
Not persuaded by ACLS argument to the contrary, Industrial Magistrate Lieschke found that a scissor lift or platform vehicle would have been suitable for the job and were readily available for hire. Alternatively, Industrial Magistrate Lieschke noted that an unmechanised mobile scaffold could have been easily erected inside the café.
Taking into account its contrition and the financial assistance it provided the window cleaner’s family, Industrial Magistrate Lieschke fined ACLS $40,000 (after a 25% discount for its guilty plea) and ordered that it pay the window cleaner’s wife $10,000 in compensation.
Lessons to learn:
• The safety of your employees is paramount and takes precedence over complying with clients’ instructions;
• Always follow your safety policy.
• Look for alternate means to provide appropriate safety.
• Know the relevant Australian Standards that apply, do a risk assessment/job safety analysis and act upon it.