Workplace Falls from Heights

The Hon. MARK BUTTIGIEG (20:02:42):

I move:

(1)That this House notes that:

(a)on 23 May 2023, His Honour Judge David Russell, SC, noted in the District Court of New South Wales that since 2016, 83 fall from heights related cases have resulted in sentencing in the District Court of New South Wales; and

(b)on 18 May 2023, Minister for Work Health and Safety Sophie Cotsis launched a year-long campaign with SafeWork NSW to reduce the number of fatal falls in building sites by conducting unplanned inspections.

(2)That this House supports and commits to eliminating the number of deaths and reducing the number of injuries caused by falls from heights in workplaces in New South Wales.

On 23 May a decision was given in the District Court of New South Wales in a case between SafeWork NSW and the construction company Coplex. The case surrounded the fatal 19-metre fall of 38-year-old Mohamad Riche at a construction site in Jordan Springs in August 2019. Coplex pleaded guilty in the case and was fined over $400,000 for putting Mohamad Riche and other workers at risk by not fulfilling obligations under the Work Health and Safety Act. Last November, Leda Form, the company subcontracting Mohamad Riche to work on Coplex's site, was fined $450,000 for also putting Mohamad Riche and other workers at risk of injury or death. In the decision on 23 May His Honour Judge David Russell, SC, noted that, since 2016, 83 cases related to falls from heights have resulted in sentencing in the District Court of New South Wales. That number is extremely concerning.

Safe Work Australia data shows that falls from heights were the third highest cause of fatalities in Australian workplaces between 2011 and 2021. SafeWork NSW reports that falls from heights cause the highest number of severe injuries and fatal incidents in the construction industry in New South Wales. In an earlier judgement on 8 February 2023 His Honour Judge David Russell, SC, noted that the number of cases in the District Court of New South Wales surrounding deaths or serious injuries from falls from roofs has increased over the past two years. His Honour also requested a copy of the judgement to be sent to the next Minister responsible for work health and safety.

After receiving that judgement, Minister Cotsis launched a year-long "anytime, anywhere" campaign, with SafeWork NSW to conduct unplanned inspections at building sites. The purpose of the surprise inspections is to prevent incidents relating to falls from heights. SafeWork inspectors conducting unannounced inspections will stop work, issue fines and consider prosecution when workplace safety has been compromised, with no tolerance. There is also the opportunity for businesses with under 50 employees to book a visit with a SafeWork inspector to consider risk management in their workplaces. The Minister for Work Health and Safety, Sophie Cotsis, is already working to combat the rising number of fatal falls on building sites in our State.

The former Liberal Minister only initiated an independent review of SafeWork after significant campaigning from the then shadow Minister and now Minister for Work Health and Safety, Sophie Cotsis; unions; and those impacted by workplace deaths or work-related injuries. The interim report has been released, the McDougall report, and the final report is due in November this year. It is important that the Government addresses head-on the issue of workplace falls from heights. The culture in the regulator SafeWork under the previous Government was a relatively hands-off laissez-faire approach to workplace health and safety. As someone who has a trade background, I saw that develop over the years. Workplace health and safety was a passive regime with a tick-and-flick approach to filling out paperwork and creating paper trails to make people feel good about workplace inspections instead of a proactive, penetrative inspection regime where inspectors would undertake proactive inspections of sites.

In the early eighties and even into the nineties, during my time as an electrician, we would be worried about the quality of work because we knew that an inspector from the relevant supply authority could inspect that job at any time. The same should apply across the building industry. That starts with the Minister's campaign. She should be congratulated for doing it. We hope the McDougall report creates recommendations that the Government can implement to give SafeWork more teeth and institute a more proactive inspection regime. I commend the motion to the House.

The Hon. AILEEN MacDONALD (20:07:44):

I thank the Hon. Mark Buttigieg for moving his motion to support the campaign to reduce the number of fatal falls in building sites. I note the Opposition supports the motion. Falls from heights are the number one cause of traumatic fatalities in the New South Wales building and construction industry. It is incumbent on all employers in the construction industry to ensure their workers are protected from falling at work at any level. Working at heights remains the biggest risk on New South Wales construction sites. Reducing deaths from falls in building sites was a focus of the previous Coalition Government, and the worksite visits and assessments provided great insight into the factors contributing to workplace risks.

I am aware of a similar blitz to the one mentioned in the motion, which occurred in October 2019. SafeWork NSW inspectors visited 348 construction sites statewide to secure compliance and talk with site supervisors, principal contractors, health and safety representatives and workers about how to work safely from heights. During that particular blitz 467 notices were issued, resulting in on-the-spot fines totalling approximately $155,000. I am pleased that the Government is undertaking the important work of carrying out unplanned site visits to ensure that compliance and improvements in safety are maintained.

Time expired.

Sadly, we continue to hear in the news of fatal falls on construction sites. One death is one too many. It should be a fair expectation that when our husbands, wives, sons, daughters, brothers, sisters and friends leave for work in the morning, they will return safely in the afternoon. Several weeks ago there was news of a fatal fall from a 10-metre height. As long as these tragic but avoidable accidents occur, site inspections must continue. As the Hon. Mark Buttigieg said, the site visits will occur statewide. The campaign will run throughout the year. It will remind employers and workers alike that the majority of fatal and serious falls occur from a height of four metres or less and that employers must manage the risk of a fall by a person from one level to another, regardless of the height. Inspectors will be looking for safe work method statements, especially in situations where there is a risk of a person falling more than two metres. The statements are plans to keep workers safe. Falls from heights are completely preventable if key safety measures are followed. The site visits are necessary to eliminate deaths. Each time a site inspection— []

The Hon. CAMERON MURPHY (20:11:13):

Falls from heights are one of the most easily preventable incidents in any workplace. More should be done to prevent them, and that is what the Government will do. On 28 April this year I was at Darling Harbour for the International Day of Mourning. It was incredibly tragic to listen to the stories of the families of workers who had been killed in preventable workplace tragedies. I have spent much of my career at the bar representing injured workers and dealing with family members, work colleagues and other people who are severely affected when one of these tragedies occurs. It is not just the incident; people end up in the legal system for years afterwards, having to go through repeated trauma as a result of their workplace injuries. Workers have to fight for compensation, for medical treatment, for their recovery. Their colleagues end up being interviewed by SafeWork, where they have to explain again and again what happened, and they can also end up with mental health issues as a result. I have also had colleagues at the bar who have been traumatised after dealing with deaths of workers. We absolutely have to do more on this.

Falls from heights are easily preventable. I have visited worksites after one of these incidents, where simple things like the failure to place signage appropriately to warn workers of a risk or the failure to plan for health and safety issues around heights have led to these preventable tragedies. I am proud that the Government is taking this issue seriously by launching a SafeWork campaign of unannounced inspector visits for 12 months to try to prevent falls from happening in the future. I hope one year, on the International Day of Mourning, we can say that there have not been any deaths that year. It would be wonderful if that could happen. These deaths are easily preventable. There is no excuse for failing to take work health and safety seriously. I am very proud that the Government is doing something about these incidents.

Ms ABIGAIL BOYD (20:14:17):

On behalf of The Greens I support the motion. The Hon. Mark Buttigieg has rightly pointed out the importance of addressing the issue of falls from heights, which are the number one cause of worker fatalities in New South Wales. Most deaths occur not at high-rises but simply by falling from a roof on a worksite. They are entirely preventable tragedies, and I commend that businesses are being held accountable for any oversights. Although the member correctly pointed out the number of prosecutions for workplace fatalities from falls, it is also important to note the thousands of workers who have suffered catastrophic, life-altering but non-fatal injuries after a workplace fall who are unable to access workers compensation.

Between 2014 and 2017, 25 workers died and more than 240 were permanently disabled after falling from a height. On top of this, more than 12,000 were injured. Since 2017 the number of claims and executive expenses has increased, while approved claims for injured workers and return to work rates have massively declined. Seventy-three per cent—almost three-quarters—of workers making compensation claims experienced suicidal ideation as a result of the way their cases were handled by icare. That level of trauma inflicted by an organisation is unacceptable, especially when that organisation's sole purpose is to help people. The Greens welcome the Government's move to continue unannounced site inspections to prevent falls from heights, as well as any future commitments to protect workers and reform our workers compensation system for the better.

The Hon. EMILY SUVAAL (20:16:04):

I associate myself with the motion and commend the Hon. Mark Buttigieg for moving it. I also commend the work of the Minister for Industrial Relations, and Minister for Work Health and Safety, the Hon. Sophie Cotsis, in the other place, for the proactive and positive lead she has taken on addressing many issues within her portfolios, including implementing the very easy preventive measures that will reduce and hopefully eliminate falls from heights. It is a harrowing statistic that, between 2018 and 2022, 16 people were killed on construction sites in New South Wales as a result of falls from heights, representing the number one cause of fatalities. Workers aged between 20 and 29 experienced the highest number of falls and those aged over 50, sadly, made up the highest number of fatalities.

Obviously, as a paediatric nurse I did not look after many people aged between 20 and 29, but as a trainee nurse I distinctly remember doing a placement on a rehabilitation ward and looking after a worker who had been impacted by a fall from a height. Their rehabilitation was lengthy, and I dare say their ability to work was forever impacted as a result of their easily preventable workplace injury. I again commend Minister Cotsis for the launch of the "anytime, anywhere" campaign, which is a much-needed measure to mitigate against this largely preventable harm. There has been an increase in serious falls from heights in recent years, so I welcome the Minister's commitment to taking decisive and urgent action by equipping SafeWork with the tools needed to launch a 12‑month campaign of unannounced inspections with the hope of reducing fatal falls on New South Wales building sites. One life lost at work is one too many. Like the Hon. Cameron Murphy, I would love to see the day when we could attend an International Day of Mourning and no workplace deaths had occurred in the previous year.

The Hon. STEPHEN LAWRENCE (20:19:10):

I speak in support of the motion. Indeed, it is both a sign of the election of a Labor government and a credit to that Government that a campaign of this nature has been launched by the Minister for Industrial Relations, and Minister for Work Health and Safety, the Hon. Sophie Cotsis. I commend the Hon. Mark Buttigieg for moving the motion. I was familiar with him prior to being elected to this Parliament and knew he was a tireless advocate on a whole range of industrial issues, particularly on issues of work health and safety. I have now had the opportunity to observe up close his involvement in and passion for those issues. It seems that almost every sitting week the honourable member is introducing some item of business on an important industrial issue. There is no more important industrial issue than people dying at work. It should not occur.

I note that a key aspect of this campaign is unplanned inspections. Having in the past prosecuted a number of occupational health and safety prosecutions in the Australian Capital Territory, I can personally attest with a certain degree of knowledge to the absolute importance of that form of regulation. There are many actors in the industrial space who, if confronted with planned inspections, well and truly have the capacity to not present an accurate picture of what is occurring at a workplace on a day-to-day basis. It is excellent to see that unplanned inspections will be a key part of this industrial campaign.

It has already been said by other members, but I repeat that a fall from height is entirely avoidable. It is pertinent to highlight that the incident data from SafeWork NSW indicates, perhaps surprisingly, that most serious and fatal falls are from a height of less than four metres. That is approximately a single storey. Certainly that is an alarming statistic. I am very happy to speak in support of the motion and hope that the campaign is a successful one.

The Hon. DANIEL MOOKHEY (Treasurer) (20:22:29):

I speak in favour of the motion and thank the Hon. Mark Buttigieg for moving it. When Government members were on the opposite side of the House, we spent a lot of time working with the construction industry and various people within it who have been dealing with this problem for many years. It is appropriate to acknowledge the work done on this particular issue by not only the Hon. Mark Buttigieg but also the Hon. Adam Searle. He worked relentlessly with many families who had lost loved ones in the construction industry to get reform.

At that time we were wise to focus effectively on a supply chain‑based approach when it comes to construction, knowing full well that so many of the practices that take place in the construction industry are a result of the way in which that industry is economically structured. There are a lot of contract chains and subcontracting chains. There is a lot of devolution of responsibility when it comes to workplace health and safety. Almost certainly poor workplace safety records arise because of a complexity around who precisely is responsible for making sure that the workplace is safe.

This is particularly the case in construction, which of all industries has a statistically higher rate of bankruptcy, phoenixing and all the other practices sometimes associated with the evasion of law but also with industries that are under economic pressure. We have to grapple with that issue. For example, in the construction industry I think 5 per cent of construction companies fail and go bankrupt every year. That is a problem. It is 2.5 per cent higher than the standard industry margin. All of that is my way of saying that when the industry is economically structured in a certain way there is not the requisite investment in safety, which often means falls from heights happen. I also know this from the trucking sphere, which has the same subcontracting chains. That is why there are chain of responsibility principles in the transport sphere. It is why workplace health and safety also features a chain of responsibility‑based approach. That is required, necessary and has to be enforced.

I am glad to be part of a government that is acting in this respect. Already the Minister for Workplace Health and Safety has released the interim McDougall review, which we inherited from the previous Government. We look forward to Mr McDougall completing that work. Fixing SafeWork NSW is an important part of what is required to make sure we can deal with incidents by investigating them properly. Ultimately, we have to get some of these industries on a better economic footing if we want to avoid injuries.

The Hon. PETER PRIMROSE (20:25:35):

I speak in this debate simply to be associated with this very important motion before the House. I am pleased that my colleague the Hon. Mark Buttigieg has chosen to move it. One simple policy objective relates to anything to do with workplace health and safety: Any worker who goes to work in the morning has a right to return home safely to their family in the evening. I cannot talk as a lawyer but I can talk as a former social worker. As part of my practice I had to deal not only with those who had been injured—visiting them in hospital and doing a whole range of things—but also dealing with the families of those people, particularly when deaths had occurred. Not all of those cases related to falls from heights, but certainly it made me believe incredibly strongly in that principle. Our sole objective here is that someone who is put into a situation of harm is protected.

A very simple mechanism is a government statement that if workers are expected to work at heights then an employer is expected to provide the necessary safety and security for that person to return home safely. It is not enough to say, "Look, we'll be there in six months on this date to have a look." It is about SafeWork NSW inspectors being able, as the Government proposes, to go in without employers knowing they are coming and throw the book at anyone who is prepared to treat their workers so badly that their lives are put at risk. A person can be seriously injured and killed from a fall from two metres. I have dealt with people who have fallen from roofs, and I am not talking about high rise; I am simply talking about someone on a residential construction site who has fallen. Usually it is a young guy who has been killed or seriously injured. That not only affects their life but the lives of their friends and family. It is a wonderful, critical thing that the Government has proposed to guarantee the achievement of the policy objective I enunciated at the beginning of my contribution.

The Hon. MARK BUTTIGIEG (20:28:56):

In reply: It is gratifying to see unanimous support across the Chamber for this important motion. I thank the Hon. Aileen MacDonald and my colleagues the Hon. Cameron Murphy, Ms Abigail Boyd, the Hon. Emily Suvaal, the Hon. Stephen Lawrence, the Hon. Daniel Mookhey and the Hon. Peter Primrose for their excellent contributions. The concept of surprise inspections is important. That is, workers can be on a work site working at a height and not know when an inspector from SafeWork is going to come and make sure they are doing the right thing. This is not only important for falls from height but also right across the whole of industry in order to prevent workplace accidents.

A campaign of education is also important, and part of the campaign that Minister Cotsis is running is also educative. That is, SafeWork will go to worksites and talk to workers and building companies about how they can better manage safety on the worksite. The psychology of safety is just as important, if not more important, than things like workplace inspections and punitive actions that may come down the track. If we can prevent accidents by educating workers to put safety first, not just by filling out a form and ticking and flicking but knowing safety as second nature on worksite, that will go a long way.

I particularly thank the Hon. Daniel Mookhey for mentioning our former colleague the Hon. Adam Searle, who was instrumental in introducing industrial manslaughter in this place in the last term. I am sure the Government will pursue that in due course. That is also important because the heads of organisations who are employing workers need to understand that if they do the wrong thing and they do not put worker safety front and centre in the way they run their business then they could be subject to legal prosecution in the courts. This is a case of proactive inspections and educating workers to make sure that safety is second nature to avoid punitive court action. That will eventually allow us to eliminate workplace deaths. That should be our aim. I congratulate the Minister and I thank members for the unanimity of support for the motion.

The PRESIDENT:

The question is that the motion be agreed to.

Motion agreed to.

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