Mt Pleasant brick wall collapse: Demolition company convicted and fined for workplace death

Horsham Back-Hoe Hire Pty Ltd was convicted and fined $100,000 on Friday, and ordered to pay costs of $4213.

The company pleaded guilty to a single offence under the Occupational Health and Safety Act, failing to maintain a workplace that is safe and without risks to health.

The company's director, Simon Rigby, was killed by a falling masonry wall while he and an employee were demolishing a house in Mount Pleasant on September 11, 2019.

Magistrate Ron Saines said the legal issue was the absence of a safe workplace, which led to the death.

"That a death occurred here in this case is of less significance in the legal analysis ... than is the assessment of existence and control of risk," he said in his sentencing remarks.

"Documentation prepared on behalf of the company in relation to the demolition contract included a demolition procedures checklist and safe work methods statement - it's apparent the checklist did identify the risks from freestanding masonry walls, the safe work method statement did not identify or describe measures to control those risks.

"It is true that fatal consequences of this breach are of some relevance, they add to the seriousness of the breach, but it is the failure to identify, plan, and implement strategies to deal with the risk that is at the heart of objective seriousness here."

He noted the company previously had a good reputation, and "the fact that (company co-director) Leeanne Rigby was widowed, as a result of this breach, itself to her carries immeasurable consequences".

"This corporation has no prior convictions, and indeed, I'm satisfied from evidence furnished that it has a reputation in relation to safety and reliability, as well as a good reputation so far as corporations can," Mr Saines said.

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"That good reputation, as a good corporate citizen ... is understood particularly in the Horsham community to be not only that attaching to the corporation but also to the late Simon Rigby and Leeanne Rigby."

Had the company failed to plead guilty, the case could have been elevated to higher courts - the Magistrates' Court in Victoria can issue fines for this offence as high as $400,000, but higher courts can issue fines more than $1.4 million.

"Courts of authority have made it clear that general deterrence is the most important factor," Mr Saines said.

"(Sentencing must reflect) the importance of workplace safety and send a message about that to all employees."

The company will have six months to pay the fine.

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