Company stumped by court for near miss

28 February 2008

A Melbourne re stumping business was today convicted in the County Court after an incident in 2005 led to the collapse of a Mitcham house.

Brother Nguyen Pty Ltd were fined a total of $15,000 for breaches of the Occupational Health and Safety Act 1985.

The court heard that the company had been sub contracted by another company, Master Reblockers Pty Ltd, to perform work on a Mitcham home in early 2005.

Over a period of three days the house was raised and supported with hydraulic jacks, stump holes dug, old stumps removed and new concrete stumps suspended to bearers above the stump holes. 

On 27 May 2005 the house, supported only by hydraulic jacks, was in the final stage of being levelled when the house collapsed to the ground. 

Three persons, including the two home owners, were inside at this time. Although not physically injured, the home owners were traumatised by the collapsing of their house.

The house was significantly damaged, and needed to be demolished due to the significant structural damaged caused by the collapse.

Master Reblockers Pty Ltd, the original contractor  had previously pleaded guilty to two charges in relation to its breaches of the Occupational Health and Safety Act 1985 , and was convicted in the Magistrates' Court at Ringwood on 17 August 2006 and fined $45,000.

WorkSafe executive Director John Merritt said that the case was significant because a conviction was found even though no injuries had been sustained.

“We will not hesitate to pursue those employers that are in flagrant breach of health and safety even if there are no ambulances” Mr Merritt said.

“There have been two deaths in this industry in the last two years and it is vital that there are systems in place by re stumpers to ensure that there are back up safety systems”.

“In this case it was only luck that no person was hurt”.

Contact WorkSafe on 1800-136-089 for help to make your workplace safer or go to www.worksafe.vic.gov.au.