$45,000 Fine After Worker Paralyzed in Water Tank Fall
A water tank company in Australia was fined $45,000 after two workers fell during a tank repair job near Ballarat, resulting in one worker being paralyzed.
The following is an abridgement of an article originally appearing on the WorkSafe Victoria website.
A water tank installation and maintenance company has been convicted and fined $45,000 following an accident that left a 43-year-old worker paralyzed. The incident occurred near Ballarat, where two workers fell into a tank while on the job.
Incident Overview: The company was sentenced on July 5th after pleading guilty to two charges of failing to provide and maintain a safe system of work. Additionally, they were ordered to pay $3,960 in costs.
Details of the Incident: The water tank company had been hired to repair, drain, and clean an in-ground tank at a property in Yendon. This task included removing and replacing the tank's metal roof. The concrete tank, approximately 2 metres deep, had an outer wall standing half a metre above ground level, with the peak of the metal roof panels reaching about 3 metres from the base of the tank.
In April 2022, workers were accessing and removing the roofing panels using metal planks balanced across the tank’s outer wall and roof apex, without any fall protection in place. During this process, two workers fell—one from the roof apex and another from the edge of the tank. The worker on the ground fell head-first into the tank, suffering severe head and neck injuries, resulting in paraplegia. The other worker sustained a shoulder injury.
A third worker climbed into the tank to assist, managing to keep the injured worker’s head above water and eventually using a ratchet strap to pull him out.
Investigation Findings: WorkSafe inspectors found that there was no Safe Work Method Statement (SWMS) in place, which is required for high-risk construction work. The investigation concluded that Watertank Solutions Victoria could have significantly reduced or eliminated the risk of falling by using passive fall prevention methods such as scaffolding, a fixed ladder for roof access, and a perimeter guardrail or fall arrest harness around the tank edge.
Statements and Recommendations: Sam Jenkin, WorkSafe Executive Director of Health and Safety, emphasised the importance of addressing the well-known risks associated with working at heights.
"The employer failed to take even the most basic precautions for working at heights, resulting in catastrophic, life-changing injuries for one man. This represents a serious breach of the duty to keep workers safe."
Employers are urged to implement the highest possible measures from the five levels in the hierarchy of controls to prevent falls from height:
- Eliminate the Risk: Whenever possible, perform all or part of the work on the ground or from a solid structure.
- Use Passive Fall Prevention Devices: Employ scaffolds, perimeter screens, guardrails, safety mesh, or elevating work platforms.
- Use Positioning Systems: Ensure employees work within a safe area using travel-restraint systems.
- Use Fall Arrest Systems: Deploy harnesses, catch platforms, or safety nets to mitigate injury risks in case of a fall.
- Use Ladders and Administrative Controls: Implement the use of fixed or portable ladders, or enforce administrative controls.
High-Risk Construction Work Requirements: When undertaking High Risk Construction Work (HRCW), duty holders must:
- Prepare a Safe Work Method Statement (SWMS) before performing HRCW.
- Ensure all HRCW is conducted in accordance with the SWMS.
- Stop work immediately if the SWMS is not being followed.
- Review the SWMS whenever there is a change in the work or if current control measures are deemed inadequate.
This case serves as a sobering reminder of the severe consequences of neglecting workplace safety protocols, particularly those related to working at heights. Employers must take every reasonable step to protect their workers from known hazards to prevent such tragic incidents in the future.
