A company has been banned from Commonwealth-funded work for nine months over the 2018 death of Brayden Asser - a 20-year-old who fell from a roof onto a steel beam while working at Mayfield West.
Attorney General and Minister for Industrial Relations Michaelia Cash has imposed the nine-month sanction on Landmark Roofing Pty Ltd, which means the company cannot participate in, lodge a tender for, or make an expression of interest in any work involving Commonwealth government funding until early next year.
The penalty is the longest of its kind handed out for a breach of the Code for the Tendering and Performance of Building Work 2016.
It comes after the company was convicted and fined $400,000 plus costs in the district court in May 2020 for failing to reasonably ensure the health and safety of Mr Asser and exposing him to the risk of serious injury or death.
The nine-month sanction came after Landmark Roofing exhausted its available avenues in the courts.
Mr Asser was working on the roof of Benedict Recycling in the Steel River industrial estate on March 8, 2018, when he fell six metres onto a steel beam after stepping through a hole that was under repair.
The Macquarie Hills resident was rushed to John Hunter Hospital with a broken neck and fractured skull, where he died nine days later following a stroke.
The first year apprentice roof plumber and his supervisor were wearing safety harnesses, but they were not connected to an anchor point.
The federal government's Australian Building and Construction Commission referred the matter to Ms Cash in October and the sanction was handed down earlier this month. It will take effect from May 2.
"Given the considerable amount of Commonwealth government funding available for building and infrastructure projects, recourse to an exclusion sanction is an important deterrent against companies breaching work health and safety laws," ABCC commissioner Stephen McBurney said.
"The tragic circumstances of this case have resulted in a significant exclusion sanction. There is no rectification capable of addressing the harm done in this case."
