Overview
Incident Details
In a tragic incident in October 2018, a construction company, Badge Constructions (WA) Pty Ltd, and plumbing contractor Ryan and Melissa Pty Ltd (trading as Vivian Plumbing and Civil) faced legal consequences for the drowning death of 26-year-old plumber Ryan Duffus. The incident occurred during plumbing works at the Mosman Park Shopping Centre when a water main burst, engulfing the excavation site and resulting in the loss of a worker’s life.
Legal Proceedings
Charges and Fines
Vivian Plumbing and Civil: Pleaded guilty to failing to provide and maintain a safe work environment, causing the death of Ryan Duffus. Fined $600,000 and ordered to pay $35,000 in costs.
Badge Constructions (WA) Pty Ltd: Pleaded guilty as a principal to failing to ensure the safety of workers employed by Vivian Plumbing and Civil. Fined $120,000.
Incident Details
Vivian Plumbing and Civil was engaged by Badge Constructions for plumbing works, including the installation and connection of a new 225mm sewer pipe.
While working in a trench, Ryan Duffus was attempting to locate the end of the sewer pipe when a nearby water main burst, causing water and sand to engulf the excavation.
The absence of a rescue plan and failure to isolate the water main contributed to the tragic incident.
WorkSafe Commissioner’s Statement
WorkSafe Commissioner Darren Kavanagh emphasised the failure of both companies to implement simple safety measures, resulting in the loss of a worker’s life. Key points from his statement include:
- Vivian Plumbing and Civil’s failure to adopt a simple method, such as cutting and capping the water main or isolating it, contributed to the incident.
- Lack of a rescue plan for the excavation site, despite its depth exceeding the minimum requirement for such a plan.
- Badge Constructions’ oversight in ensuring the implementation of a rescue plan, as required for excavations deeper than 1.5 meters.
- The importance of adhering to safety codes of practice and guidance materials, including those related to working in excavations.
Conclusion
This case highlights the severe consequences that can result from the failure to prioritise and implement basic safety measures on construction sites. The drowning death of Ryan Duffus underscores the critical need for comprehensive safety protocols, including the presence of rescue plans for excavation sites. The fines imposed on both companies serve as a stark reminder of the legal and financial ramifications of neglecting workplace safety. It is a call to businesses to adhere to established safety guidelines, ensuring the well-being of their workers and preventing tragic incidents like this from occurring in the future.