Safety Obligations Across State Borders: Lessons from the Adcon Vic Pty Ltd Incident

Workplace safety regulations are vital in ensuring the health and well-being of employees, especially in high-risk industries like construction. A recent court ruling against Adcon Vic Pty Ltd highlights the importance of adhering to safety laws in every state or territory where an organisation operates—regardless of where the company is registered.

This incident underscores a critical point: every jurisdiction has its own safety regulator and compliance requirements. Employers must familiarise themselves with and follow the relevant safety laws wherever their operations take place.

The Incident: A Fall with Significant Safety Failures

Background 

Adcon Vic Pty Ltd, a Queensland-registered construction subcontractor, was engaged in constructing a concrete structure in West Melbourne. The company hired a labour hire firm to provide workers, including the injured person (IP), who was employed as a dogman on the project.

On 23 August 2022, the IP was instructed to assist with moving materials via crane to an area deemed an exclusion zone. This zone was outside completed formwork and presented a significant fall risk. Although the IP raised concerns about working in the area, they were instructed to proceed.

During the first lift, the IP was in the exclusion zone, placing timbers on the ground to help land the materials. As the load descended, the IP stepped backward and fell 2.95 metres to the level below. They suffered a concussion, a sprained ankle, and vertigo, requiring hospitalisation.

Key Safety Failures Identified

The court found that Adcon Vic Pty Ltd failed to implement a safe system of work to reduce the risk of falls. The company neglected to:

1. Install Physical Barriers: 

   Safety bollards or flagging were not placed at least two metres from the live edge, leaving workers exposed to fall hazards.

2. Enforce Exclusion Zone Safety: 

   No measures were in place to prohibit workers from entering the exclusion zone until appropriate controls were implemented.

3. Respond to Worker Concerns: 

   Despite the IP raising safety concerns, the work proceeded without addressing the identified risks.

Legal Outcome

The Melbourne Magistrates’ Court found Adcon Vic Pty Ltd guilty of breaching section 26 of the Occupational Health and Safety (OHS) Act. The Court imposed a $100,000 fine and ordered the company to pay WorkSafe Victoria’s costs of $6,726.

In sentencing, the Court emphasised: 

- The seriousness of the offence, noting the high risk of death or serious injury. 

- The offender's moral culpability, as safety risks were well known and preventable measures were not taken. 

- The need for general deterrence to ensure other companies understand their safety obligations.

The Court also highlighted that, despite Adcon Vic Pty Ltd’s financial position likely precluding the payment of the fine, the penalty was necessary to uphold principles of justice and deterrence.

Key Takeaways for Organisations

1. Understand Local Regulations: 

   Every state and territory has its own safety regulator and laws. Organisations must ensure compliance wherever they operate. For example, Adcon Vic Pty Ltd’s operations in Victoria were subject to WorkSafe Victoria’s jurisdiction, despite the company being registered in Queensland.

2. Prioritise Worker Safety Over Productivity: 

   The IP’s concerns were dismissed, leading to a preventable incident. Organisations must foster a culture where employees feel empowered to raise safety issues—and ensure these concerns are addressed promptly.

3. Implement Effective Safety Systems: 

   Physical barriers, exclusion zones, and clear safety protocols are essential in high-risk areas. Failure to implement such measures reflects poorly on an organisation’s commitment to safety.

4. Recognise the Role of Deterrence: 

   The fine imposed in this case serves as a warning to all organisations that neglecting safety obligations can result in significant financial and reputational consequences.

This incident underscores the critical importance of workplace safety and compliance with local laws, regardless of where a company is registered. Employers operating across state and territory borders must prioritise safety and ensure they adhere to the specific requirements of each jurisdiction.

Organisations must remember that workplace safety isn’t just a legal obligation—it’s a moral one. By embedding a strong safety culture and addressing risks proactively, companies can protect their workers and avoid costly legal consequences. 

Are your organisation's safety measures aligned with the laws in every state or territory where you operate? Take this as an opportunity to review and strengthen your practices.