A builder was fined almost $900,000 after young worker was killed when a apartment block he was renovating collapsed on top of him.
Nicholas Mackenzie, 21, was crushed by falling debris at the Melbourne construction site in August 2013, just two months before he finished his apprenticeship.
His employer JACBE Builders Pty Ltd was fined $700,000 and its owner David Fergusson, who suffered broken ribs, arms and legs in the accident, fined $180,000.
Nicholas Mackenzie, 21, was crushed by falling debris at a Melbourne construction site in August 2013 when a building collapsed
His employer JACBE Builders Pty Ltd was fined $700,000 and its owner David Fergusson fined $180,000
They pleaded guilty to for failing to provide and maintain a safe working environment in the Melbourne Magistrates Court on Wednesday.
Judge Garbriele Cannon said the building methods used by the company were a ‘significant departure from acceptable safety standards’.
The court heard Mr Fergusson instructed a crane driver to place a load of flooring sheets weighing 1.76 tonnes on top of wooden trusses on the second floor he and Mr Mackenzie had just installed.
The trusses gave way and the flooring sheets fell onto the first floor, which also collapsed to the ground, sending both men falling.
Mr Mackenzie’s mother Debra said she did not want her son’s death to be in vain and builders needed to stop being complacent so another family wouldn’t have to lose a loved one
Mr Fergusson instructed a crane driver to place a load of flooring sheets weighing 1.76 tonnes on top of wooden trusses on the second floor he and Mr Mackenzie had just installed
Mr Fergusson was injured in the fall but survived, while his apprentice was buried by rubble and died at the scene.
Judge Cannon said Mr Fergusson would have known it was ‘very likely’ the trusses would collapse under the weight of the flooring.
She said the heavy fine would act as a deterrent against other small builders taking dangerous risks.
Mr Mackenzie’s mother Debra Mackenzie said she did not want her son’s death to be in vain and builders needed to stop being complacent so another family wouldn’t have to lose a loved one.
A photo taken by Mr Mackenzie of the 1.76 tonne floor sheeting being winched onto the second floor trusses minutes before they gave way and the building collapsed
‘Nothing is ever going to be enough… how many more deaths do we have to have? When he died, a part of me died too,’ she told the Herald Sun.
WorkSafe head of hazardous industries Michael Coffey said basic safety failures had caused the tragic loss of a young man’s life.
‘The company’s complete failure to ensure work at the site was carried out in a safe way resulted in a young man losing his life for simply doing his job,’ he said.
‘He put his trust in his boss, and his boss failed him in the worst possible way. And this young man’s family has been left to grieve for a lifetime.’
WorkSafe head of hazardous industries Michael Coffey said basic safety failures had caused the tragic loss of a young man’s life
The trusses gave way and the flooring sheets fell onto the first floor, which also collapsed to the ground, sending both men falling
Mr Coffey said understanding the load bearing capacity of floors under construction was a basic skill and it was critical everyone on site was informed.
‘Our message to builders is simple – you have the responsibility to make your work site safe and to ensure construction is being done the right way,’ he said.
‘If you fail to do so, then not only do you risk the future of your business, but you will have to live forever with the fact that you were responsible for your worker’s death or serious injury.’