Perth construction company fined $750,000 after contractor falls into empty pool

Perth builder CASM Construction was fined $750,000 in July after a worker was injured in an unsafe workplace. The director was also fined $45,000.

The worker, Terry Dunn, had fallen into a pool which did not have the required safety fencing.

Dunn was working as a carpenter on CASM Construction’s site at Woottating, 65 kilometres east of Perth, on December 14, 2021 when he fell head-first 2.2 metres into an empty pool. He suffered a severe brain injury in the fall, requiring a lengthy stint in rehabilitation and leaving him unable to work.

He was discussing the placement of doors with another worker when he fell through a doorway and into the pool. He suffered a fractured skull, six broken ribs, a punctured lung, a broken shoulder and considerable bruising.

At the time of the incident, there were no barriers restricting access to the area. The scaffolding had been removed a month prior. He was helped from the pool complaining of pain and appearing confused.

He was taken to Royal Perth Hospital where he underwent surgery for a bleed on the brain the following day. He was in the intensive care unit for 41 days before undertaking rehabilitation and being discharged nearly two months later.

The court heard he continues to experience seizures, as well as neurological and cognitive difficulties.

Worksafe investigated and then charged CASM and former director Shane Alexander Lynn with work safety breaches. Both the company and the director pleaded guilty.

In a sentencing hearing in the Northam Magistrates Court, Magistrate Sarah Oliver fined CASM $750,000, while Lynn was fined $45,000 and was granted a spent conviction.

As CASM is no longer operating and is currently in liquidation, and Lynn is bankrupt, the fines are unlikely to be paid.

ABC News Midwest and Wheatbelt reported the State Solicitors Office as saying Lynn and his company had failed to take measures to ensure the pool area was safe for workers and suggested edging protection, the reinstalling of scaffolding and locking the bi-fold doors could have eliminated the risk of Dunn’s injury.

ABC reports that Lynn cried as he confirmed his guilty plea, telling Magistrate Oliver he was extremely remorseful for his actions and had been declared bankrupt as a result of the workplace incident.

He told the court he had experienced significant mental health difficulties since the event, being hospitalised on several occasions.

Magistrate Oliver said she believed Lynn, as the responsible person on the day, was truly remorseful for the lack of safety on site, but that he had a duty to provide a safe workplace.