In a recent hearing of the ACT Industrial Court, a building company was fined $400,000.00 for two breaches of the Work Health and Safety Act 2011 (ACT).
The building company was conducting renovation works and failed to consider that there may be asbestos-containing materials on site, which they should have been aware was widely used throughout the ACT during the period of the original construction. Additionally, the building company failed to conduct testing of the materials prior to proceeding with works, as is required by legislation and identified in their safe work method statement (SWMS). The Magistrate found that the costs of testing for asbestos-containing materials are ‘low’ and it would have been easy for the building company to do.
The Magistrate found there to be aggravating features to these offences, citing that the company exposed the public and its employees to the risk of death or serious injury or illness from dust or debris, with a lack of communication displayed throughout the process.
Members are reminded of their obligations to ensure they are conducting construction works in accordance with the legislation and to ensure a safe work environment for its employees in all high-risk areas. A failure to do so may result in substantial fines for the business.
If you have questions about this update or seek advice on compliance, please contact the MBA ACT Workplace Relations Team at 0261755900 or via workplace@mba.org.au.
