Macquarie Builders Pty Ltd, a prominent construction company in Tasmania, faced legal consequences after a worker suffered significant physical and psychological harm following a fall onto a star picket at a construction site in Kingston Beach. The man was employed by the company at the time and was working on a mobile scaffold when the scaffold slipped, causing him to fall onto one of the star pickets positioned nearby. The incident, which took place during the construction of a new public toilet and change room, resulted in serious injuries to the worker, triggering an investigation by WorkSafe Tasmania.
During the court proceedings at the Hobart Magistrates Court, it was revealed that the worker had been carrying out tasks on the deck of a mobile scaffold adjacent to a concrete slab with star pickets placed nearby to support the concrete pour preparations. As the worker was installing timber battens, the scaffold slipped over the edge of the slab, leading to his fall onto the star picket and subsequent injuries. The investigation by WorkSafe Tasmania was impacted by the failure of Macquarie Builders to preserve the site, hindering the progress of uncovering the root causes of the incident.
Deputy Chief Magistrate Michael Daly acknowledged that Macquarie Builders had generally shown a commitment to safety measures but had fallen short in ensuring the worker's safety on this specific occasion. Despite recognizing that there was no ill intention behind the failure to preserve the site, the company was found guilty of neglecting to prevent serious injury or death to the worker and failing to secure the incident site for investigation purposes. In a victim impact statement read in court, the worker expressed the devastating consequences of the incident on his life, mentioning shattered dreams and strained relationships due to the serious physical and psychological scars left behind from the accident.