Breakdown of Site Induction Procedures Results in Death of Vulnerable Employee

It is essential that employers consider which employees in their workplace are vulnerable. The recent sentencing hearing of a concrete pump contractor SafeWork NSW v NonAbel Concrete Pump Pty Ltd; Bilal Hamdan (2020) highlights the importance of ensuring your business is vigilant in inducting new or inexperienced employees. 

A company providing concrete pumping and placements services has been fined $500,000 after pleading guilty to failing to comply with the duty under s 19 of the Work Health and Safety Act 2011 (NSW) (Act). The company was using a concrete pumping truck at the construction site of a 5-storey residential apartment block in NSW. Mr Souhayb Jamal was the labourer and concrete pump linesman on-site, and had been employed by the company for only 3 to 7 days prior to the incident. 

The site foreperson spoke to Mr Jamal and noticed his English skills were poor. An induction form was partially completed, however Mr Jamal, unaware of the correct procedures, began working on-site without completing the form in full or notifying the site foreperson. In an attempt to clear a blockage from the concrete pump, the hose was detached from the fixed pipe, and reattached improperly. A blowout with air pressure was used to clear the blockage, however the hose whipped around and struck Mr Jamal in the head. The employee was not wearing a safety helmet at the time and died from severe head injuries. 

The court found the company guilty as:

• The risk was foreseeable as there were substantial warning in the company’s safe work method statement

• The likelihood of an incident at any time increased significantly when the compressed air was used to clear out the cement hose, this should never have been attempted by the employees

• The consequences of the risk resulted in death or serious injury

• There were available steps that would have eliminated or minimised the risk e.g. proper supervision and instruction

• Mr Jamal was a vulnerable worker due to inexperience and language barriers, the employer took no steps to protect him from risk

It is crucial that workplaces have the correct procedures in place to train and supervise workers, especially those who can be considered vulnerable. Employers must ensure they maintain safe systems of work and do not deviate from procedures that have been developed to minimise and eliminate known risks. 

For more information about how to create and maintain these correct procedures, contact Safe Industries Australia.