A coronial investigation report has been released into the death of Mr. Castillo-Riffo, who was killed on a construction site in South Australia, in 2014.

Mr. Castillo-Riffo died from injuries sustained when he became trapped (crushed) between the elevated work platform and part of completed building under construction.

South Australian State Coroner, Mark Johns, has warned that “introducing an offence of industrial manslaughter will exacerbate the use of defensive litigious strategies by employers and regulators.” These strategies will divert from other actions, like appropriate application of safe work method statement (SWMS) and compliance with duties, which are more likely to result in improved safety outcomes in Australian workplaces.

Coroner Johns’ warning is one which should be heeded by Labor, the Coalition and Minor Parties in any future formation of policy or legislation in Victoria.

Master Builders calls on the Victorian Labor Party to abandon its commitment to legislate for a new offence of industrial manslaughter, if re-elected at the November 2018 State Election.

Industrial manslaughter will not improve safety. There is a raft of initiatives that should be considered instead by state and territory governments nationally, including better enforcement of existing legislation and better education and guidance on achieving safety outcomes.

Another important finding of the coronial inquest was that the work associated with the use of the elevated work platform (mobile plant), which is high-risk construction work, was being undertaken without a SWMS in place.

Coroner Johns found that “had there been a SWMS developed for the performance of the patching work from a scissor-lift as being performed by Mr. Castillo-Riffo on the day of his death, the risks involved would have been properly assessed.” Another salient point made by Johns was that, had the risk been assessed as part of the development of a SWMS it would have revealed the method used as unacceptable—a number of alternative methods had been available.

The Coroner’s findings underpin Master Builders’ position, and the importance, around this key legal duty for high-risk construction work.

Master Builders welcomes WorkSafe Victoria’s recent announcement that the regulator intends to develop an Elevated Work Platform Industry Standard. Master Builders stands ready to engage, in a tripartite manner, with WorkSafe and unions in the development of this important guidance for industry.

Members who have OHS queries or concerns can contact Master Builders for further advice on (03) 9411 4555.