Following a comprehensive investigation, WorkSafe has charged three businesses and their directors with a number of breaches of the 2004 OHS Act in relation to the collapse of an excavation at a development site at Highbury Rd, Mt Waverley in July 2015.

  • Action Master Builders Pty Ltd was charged with one count of breaching section 26(1) in that it failed to ensure the workplace was safe and without risks to health. Its director Dimitrios Nicolaou was also charged with one count of breaching section 144 in that he failed to ensure the workplace was safe and without risks to health.
  • AM Design & Construction Pty Ltd was charged with one count of breaching section 23(1), in that it failed to ensure persons other than employees were not exposed to risks to health and safety. Its director Aldo DiTonto was also charged with one count of breaching section 144 in that he failed to ensure persons other than employees were not exposed to risks to health and safety.
  • Ranjan Fernando Consulting Engineers Pty Ltd was charged with one count of breaching section 23(1), in that it failed to ensure persons other than employees were not exposed to risks to health and safety. Its director Thewarathanthrige Ranjan Fernando was also charged with one count of breaching section 144 in that he failed to ensure persons other than employees were not exposed to risks to health and safety.

WorkSafe understands the significant public interest in the details surrounding this matter. However, as it is now before the Court, it would be inappropriate to make any further comment at this time.

A WorkSafe spokesman said construction was a high-risk industry and safety had to be a priority for every business involved in the sector.