The high-profile accident of young ACT construction worker Jayson Bush, who fell down a shaft in the Nishi building in 2012, is in court and could set a record in work health and safety penalties.
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WorkSafe ACT has laid charges over the accident against Corporate Ventures Australia Pty Ltd, with a potential fine of $1.5 million if the company is found guilty.
Mr Bush is lucky to have survived a 6.5-metre fall down an airconditioning vent on to a concrete floor at the Nishi apartment complex in Civic in October.
The then 22-year-old labourer lay in darkness for almost two hours with a broken back, five broken ribs, a punctured lung and head and shoulder injuries, until a workmate found him.
His physical recovery has been slow and he is unable to do physical labour, working instead in promoting safety and awareness in construction for the Construction, Forestry, Mining and Energy Union.
The court case had its first mention in the Industrial Magistrates Court on Tuesday morning. Magistrate Lorraine Walker has set the matter to return on January 20, next year, when Corporate Ventures will be required to enter a plea.
The charge is for a Section 32 offence, and failure to comply with a health and safety duty, exposing an individual to serious harm.
It will be the first charge to be heard in the ACT under new Work Health and Safety legislation relating to a serious fall and will have a maximum penalty of $1.5 million.
"While significant incidents like this can be distressing, and it is disappointing to see what we believe is another example of a breach of health and safety laws leading to a serious injury, it is pleasing to see another significant case being brought to court," ACT Work Safety Commissioner Mark McCabe said.
"This was a tragic incident. Working at heights is one of the highest-risk activities in the construction industry. Employers simply must take care when conducting such work, not only with regard to their obligation to comply with the law, but for the safety and welfare of their workers. The law requires this and the community expects it."
Last week, construction worker David Kenna, 46, had his pelvis broken in four places when a ceiling collapsed on him at Canberra House on Marcus Clarke Street in Civic.
Mr McCabe said the accident had been referred to the serious accident investigation team.
CFMEU ACT secretary Dean Hall said the accident could nearly have been a fatality.
He believed Mr Kenna and Mr Bush's accidents could both have been prevented with better training and supervision of workers who did not have enough experience.
"The high rate of casualisation, use of body hire, lack of training and inadequate supervision played a part in both these cases," Mr Hall said.
The prosecution of Corporate Ventures could send a strong message to the industry, he said.
"Price points are the only way to get these people to take notice, so a fine of $1.5 million may show how much cheaper it would be to train and supervise workers adequately in the first place. Not to mention protecting the lives and futures of vulnerable workers."
