FGS Contracting and Company Director fined total of $327,500 over serious injuries to 17 year old worker

FGS Contracting Pty Ltd and the Director Ryan Wayne Franceschi, were fined today in the Perth Magistrate Court in relation to serious injuries caused to a 17 year old worker in Esperance.

FGS Contracting Pty Ltd was fined $225,000 for failure to meet their duty to provide a safe workplace and for failing to ensure the correct high-risk work license.

Additionally, Franceschi as the Director was fined a total of $102,500.

On 18 May 2016, FGS were working to install a large steel shed on an Esperance farming property. The 17 year old construction labourer for FGS Contracting had climbed a ladder without being provided a helmet.

Franceschi was driving a telehandler and alighted while it was in operation. The vehicle moved causing a substantial sized steel truss to fall and strike the young worker producing a fall and severe injury to his skull, jaw, shoulder and chest.

The employee, who was only a child at the time, did not have a construction induction training certificate – white card. The court found he received no proper training to perform the role which was performed without safety as a consideration.

The Acting Deputy Director General Safety Regulation Group, Andrew Chaplyn said today this case shows that the occupational safety laws must be applied so that Western Australian’s go home safely from work.

“This young man has been left with life-long consequences because of the safety failures of his employer,” Mr Chaplyn said.

“Our safety laws require all concerned to pay attention to training, protective equipment, and a safe systems approach to reduce the exposure to risks that continue to have devastating consequences for many.

“These fines represent a warning to ensure predictable and well known hazards and risks are identified and controlled.”


Media Contact: Janette Gerreyn, (08) 6251 23 63.Follow @WorkSafeWA on Twitter

Media release
18 May 2018

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