Conviction for director who risked workers’ lives

08 June 2010

A construction company director who continued to expose workers to obvious safety risks - despite warnings from WorkSafe - was convicted and fined yesterday.

The Sunshine Magistrates’ Court found that that Springvale company Ascoli Developments Pty. Ltd and director David Gurvich failed to comply with five legal notices issued by WorkSafe at their Port Melbourne construction site in 2008.

These included two prohibition notices which required work to stop immediately, because of immediate danger to workers.

Despite WorkSafe’s warnings and advice, none of the notices were complied with. When inspectors later visited a second construction site operated by Ascoli in Elwood, they identified similar breaches – resulting in more notices being issued.

As a result, Ascoli Developments Pty. Ltd was convicted and fined $96,500; and director David Gurvich (who previously pleaded guilty at the Melbourne Magistrates’ Court) was convicted and fined $17,000. The company, which is under external administration, did not appear in court yesterday.

“Never wait for a second warning from WorkSafe – because by this time, you’re exposing your workers to unacceptable risk,” Acting Executive Director for Health and Safety Stan Krpan said.

“This is a situation where a director had every opportunity to meet WorkSafe’s recommendations – the inspector explained the content, and the need for a follow-up visit.

“Of even more concern is that similar breaches were later identified on a second work site operated by the same company – when the director clearly knew workers were at risk,” he said.

The two prohibition notices related to fall protection and electrocution risks Mr Krpan said.

“The temporary electrical switchboard exposed workers to risks of an electric shock or electrocution – it had no lockable door, no residual current devices, and leads which hadn’t been tagged and tested.

“Workers on the Port Melbourne site were also found to be working without adequate fall protection. This is an issue that WorkSafe takes very seriously - last week alone, there were two significant falls from height in Victorian workplaces, one which resulted in a fatality,” he said.

Information on charges (under the Occupational Health and Safety Act 2004):

Ascoli Developments Pty. Ltd:

1 & 2 Failure to comply with Prohibition Notices (section 112(5))
3- 5 Failure to comply with Improvement Notices (s 111(4))
6.  Failure to provide safe plant and system of work (21(1) & (2)(a))
7. Failure to provide information, instruction, training and supervision (21(1) & 2(e))
8. Failure to provide adequate facilities for welfare ( 21(1) & (2) (d) )
9. Failure to provide information, instruction, training and supervision (21(1) & 2(e))

Director David Gurvich:

1 & 2. Failure to comply with Prohibition Notices (s112(5))
3- 5 Failure to comply with Improvement Notices (s 111(4))
6.  Failure to provide safe plant and system of work (21(1)&(2)(a))
8. Failure to provide adequate facilities for welfare( 21(1) &(2) (d) )