$45k fine after worker paralysed in water tank fall

A ghastly workplace injury has resulted in Watertank Solutions Victoria pleading guilty to two charges.

Watertank Solutions Victoria was sentenced in the Ballarat Magistrates Court after a worker was left paralysed and another injured from a workplace fall.

The company was engaged to repair, drain, and clean an in-ground tank at a Yendon property, which included removing and replacing the tank’s metal roof.

The concrete tank was 2.1 metres deep and had an outer wall that sat 45 centimetres above the ground. The apex of the metal panel roof was about 3.1 metres from the base of the tank.

Back in April 2022, multiple workers were using metal planks balanced across the tank’s outer wall and roof apex to gain access to remove the roofing panels. This was undertaken without any fall protection in place.

Two workers were operating in this space, with one standing on a plank at the roof apex and another on the ground at the edge of the tank. They were trying to shake one of the panels free before both fell.

The worker operating on the ground at the edge of the tank fell headfirst into the tank, suffering serious head and neck injuries, which sadly resulted in paraplegia. The other worker who fell from the roof suffered a shoulder injury.

A third worker climbed into the tank and assisted the worker whose shoulder was injured to hold their semi-conscious colleague’s head out of the water before using a ratchet strap to pull him out.

Upon attendance, WorkSafe inspectors found there was no safe-work method statement in place, which is required for such high-risk construction work.

WorkSafe executive director of health and safety Sam Jenkin said there was no excuse for failing to take the notorious risk of a fall from heights into serious consideration.

“In this case, the employer failed to take even the most basic of precautions for working at heights and, as a result, one man has suffered catastrophic and life-changing injuries,” Jenkin said.

The investigation found that it was reasonably practicable for the company to both reduce and eliminate the risk of a fall by using passive fall prevention, which could be scaffolding or a fixed ladder to access the roof and a perimeter guardrail or fall arrest harness near the edge of the tank.

“This is a serious breach of the employer’s duty to take every reasonable step to keep workers safe – particularly when working with well-known hazards such as heights of two metres or more,” Jenkin said.

Kace O'Neill

Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.