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A Perth construction company has been hit with the highest ever fine under WA’s workplace safety laws, ordered to pay $1.75 million over the death of tradie Adrian Fariña Pacheco.
AR Constrictions pleaded guilty to failing to ensure the health and safety of a worker following the July 2024 incident, when Fariña Pacheco was hit by a falling steel column at the Malaga building site.
A Worksafe Australia spokeswoman said Fariña Pacheco was working for AR Constructions on a Glask Constructions site to erect structural steel when he was killed.
“On the day of the incident, three AR Constructions workers – a crane operator, a dogger and a rigger [Pacheco] – were engaged in erecting standing columns at the Malaga site,” she said.
“The dogger applied a lifting device to the crane’s lifting chains, and the column was lifted and suspended 30 centimetres from the ground in anticipation of being placed on the rag bolt assembly by the dogger and rigger.”
Worksafe said when the dogger stepped away, Fariña Pacheco entered the “danger zone” of the suspended column at the same time the lifting device failed and dropped the steel onto the 59-year-old.
Workmates called emergency services, but Fariña Pacheco died at the scene.
The lifting device was a “pink lug”, which is a swivelling rig, which was not compliant with relevant workplace safety laws, given it was not rated or marked with its working load limit.
There were also no records on how long it was used for, where the business got it, or if it had ever been inspected or tested.
“The court heard that the company’s directors were aware that the pink lug was not rated or compliant but did not remove it from use,” the spokeswoman said.
AR Constructions is currently in liquidation, but was fined $1.75 million over Fariña Pacheco’s death.
The company also filed a notice of proposed deregistration with ASIC just a week ago, although another ABN registered to the same company under the name AR Inspections Australia is still active.
Previously, the highest fine ever issued under WA’s workplace safety laws was in October last year, when a company was fined $975,000, after 16-year-old Hamiora Sharland was crushed when a steel beam fell on his chest at a Welshpool worksite.
The new Work Health and Safety Act came into effect in 2022, and mandated industrial manslaughter penalties.
Under the laws, employers could face up to 20 years behind bars and $10 million in fines if they are found responsible for a workplace death.
WorkSafe Commissioner Sally North said the size of the penalty was a sign the new laws were being enforced to their full ability.
“It’s common knowledge in industry that lifting devices need to be inspected regularly, rated to lift relevant loads and that the failure of lifting devices exposes workers in the fall zone to the risk of being crushed by falling objects,” she said.
“The failures of the employer led to the tragic loss of this worker, and this should serve as a reminder for employers and workplace leaders to take practicable steps to make sure that workers are provided with a safe workplace, including safe lifting equipment where applicable.”
AR Constructions set up a GoFundMe for Fariña Pacheco’s family to “honour a valued and loved colleague”, and donated $5000. Glask Construction also donated $10,000.
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