Perth builder CASM Construction fined $750,000 after worker injured
Terry 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.
Mr Dunn suffered a severe brain injury in the fall, requiring a lengthy stint in rehabilitation and leaving him unable to work.
After an investigation, Worksafe charged CASM and former director Shane Alexander Lynn with work safety breaches, with both pleading guilty.
In a sentencing hearing in the Northam Magistrates Court on Monday, Magistrate Sarah Oliver fined CASM, which has collapsed since the incident, $750,000, while Lynn was fined $45,000.
Lynn was also granted a spent conviction.
Magistrate Oliver acknowledged that with CASM currently in liquidation and Lynn bankrupt, it was unlikely either fine would be paid.
The court heard Mr Dunn was discussing alfresco doors with another worker on site 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, with scaffolding over the pool removed a month prior and not reinstalled.
Mr Dunn was helped from the pool complaining of pain and appearing confused, and eventually taken to Royal Perth Hospital for treatment, 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.
The State Solicitors Office said Lynn and his company 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 Mr Dunn's injury.
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 told the court that no fine could reflect the impact the incident had on Mr Dunn and his loved ones.
"The court is aware of the impact this incident had to Mr Dunn and his family," she said.
"That day changed his life forever.
"Sentencing will never fully reflect the human element of this case."
Magistrate Oliver said she believed Lynn, as 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.
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