Perth builder CASM Construction fined $750,000 after worker injured falling into unprotected pool

Perth builder CASM Construction fined 0,000 after worker injured falling into unprotected pool

A construction firm and its former director have copped significant fines after a carpenter suffered life-changing injuries in a worksite fall.

Terry Dunn was hurt in December 2021 when he accidentally fell more than two metres into an unfinished and unfenced concrete swimming pool.

It happened at a private property in Woottating, an hour east of Perth.

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The pool was inside an undercover alfresco area that was being built and had previously been protected by scaffolding that was removed for other work.

Dunn suffered significant injuries including a fractured skull, broken ribs and a punctured lung, and has “ongoing health issues as a result”.

CASM Construction pleaded guilty to causing serious harm with its failure to protect the worker from hazards and was fined $750,000 in the Northam Magistrates Court on Monday.

A former senior manager was fined $45,000 after pleading guilty to neglect as a director and was granted a spent conviction.

“A fall from height was identified as a moderate risk in CASM’s site specific safety management plan, with special consideration required for swimming pools, however the pool was left uncovered for a substantial period of time which created the risk that led to this serious incident,” WorkSafe Commissioner Sally North said.

“Western Australia has had a code of practice for the prevention of falls at workplaces since 2004, reissued in 2022.

“The code provides practical guidance to effectively manage fall risks and should be followed in all workplaces where a risk of falls exists.

“The incident is a timely reminder that it is the duty of anyone in charge of a workplace to conduct a thorough risk assessment before work begins and to put controls in place to reduce the risk of injury to workers and others.

“It’s also a reminder of the sizeable penalties that can be faced by a person conducting a business or undertaking who fails to protect workers or other people at a workplace from risks to their health or safety.”

CASM is now in liquidation and its former director has been declared bankrupt as a result of the workplace incident.

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