SafeWork SA | A scaffolding company has been fined $6,000 after failing to comply with a formal SafeWork SA notice requiring information about safety concerns at a construction site.
Tedesco Scaffold Services Pty Ltd pleaded guilty and has been sentenced in the South Australian Employment Court following a SafeWork SA prosecution.
It is only the second time a company has been successfully prosecuted for this type of offence in South Australia.
The offence arose from the company’s failure to respond within two weeks to a formal notice issued under section 155 of the Work Health and Safety Act 2012.
The notice required the company to provide information relating to safety concerns identified by SafeWork SA inspectors at a residential construction site.
SafeWork SA inspectors attended the site on 6 October 2023 and issued prohibition and improvement notices relating to scaffolding and site safety.
On 9 November 2023, a formal section 155 notice was emailed to the company’s director, requiring specified information to be provided by 23 November 2023.
The company failed to respond within the required timeframe despite receiving the notice and subsequent reminders from inspectors.
A partial response was eventually provided months later after further contact from SafeWork SA.
In his sentencing remarks, Deputy President Lieschke found the company had committed an “objectively serious breach” of its obligation to respond to a formal notice issued by SafeWork SA.
A conviction was recorded and the company was fined $6,000. The company was also ordered to pay a victims of crime levy of $278 and SafeWork SA’s legal costs of $1,210.
