Man handed $100k WHS fine after death, was aware of structure's high-risk height

Earlier this year sole trader Jason Stitt was found guilty of breaching the NSW Work Health and Safety Act 2011 by exposing workers to the risk of falling and dying while undertaking scaffolding work at a Point Piper residential property. It was believed that Stitt was aware that a structure had been erected to a high-risk height when he instructed unlicensed workers to dismantle it.

Under the NSW Work Health and Safety Regulation 2017, a worker can erect, alter or dismantle a scaffold without a high-risk work licence where it is low enough that a person or object cannot fall more than four metres from it. However, in this case, the structure was 8.65 metres high, there was an absence of clear instructions, the workers were unlicenced and additionally, they did not consult the ‘tower erection procedure’ (TEP) when installing the tower.

The fatality occurred in 2019 when a worker leant against the rail with the backwards coupler, while passing a 25-kilogram part down to his colleague, and the rail gave way. He fell 5.75 metres to the ground, sustaining fatal head injuries.

Stitt’s guilty verdict came with a $100,000 penalty plus other ‘substantial’ costs.