A Queensland flooring business has faced the Brisbane Magistrates Court for failing in their health and safety duties under the state’s WHS Act, and for exposing people to a risk of death or serious injury.
In July of 2018, the company workers including its sole director installed a floor levelling compound to the foyer of a commercial building. The surface needed to dry, and various boards and mats were placed on the new surface to create a path from an emergency exit to the centre lift but did not install safety precautions in front of the lift closest to the emergency exit.
Some traffic cones and bollards were installed but did not highlight the risk present for users of the lift closest to the emergency exit. Two members of the public slipped on the new flooring that same day, with one breaking her knee.
The subsequent investigation by WHS Queensland found that the company had a safe work method statement that covered slip hazards and safety controls, but it wasn’t followed. The exclusion or ‘adequate delineated pathway’ which included signage wasn’t implemented.
Magistrate Coates, in sentencing, accepted that there had been arrangements made for safe entry to the building and the defendants had done their best to alleviate risk, albeit unsuccessfully. Magistrate coats also pointed out that relying on other people or the general public is dangerous when the liability falls on the person performing the work.
The company was fined $35,000 and a 12-month court ordered undertaking implemented. The director was required to pay $5,000 recognisance, while court costs of almost $1,700 were required to be paid by the defendants.