Scaffolding supplier failure left workers at risk on a building site

In a prosecution of a supplier, Allcott Hire Pty Ltd was fined $90,000 and ordered to pay the Prosecutor’s costs for failing to supply plant to be used at a workplace that was without risks to the health and safety of persons using that plant. The prosecution came after Allcott Hire failed to supply the minimum scaffold components required to enable a mobile scaffold tower to be safely assembled and used (SafeWork NSW v Allcott Hire Pty Ltd [2025]).

The incident

Allcott Hire operates as an equipment hire business, supplying componentry for construction and other tools for various industrial processes.

On or around 18 May 2022, the principal contractor on a 2-storey residential building site entered into a contract with Allcott Hire for the hire out and delivery of aluminium mobile scaffold components. The components were to be assembled into temporary scaffold towers to enable access for persons working at the site.

Allcott Hire dispatched and delivered the scaffold components to the principal contractor. Despite having a ‘Scaffold Component List’, which set out the minimum requirement of components that had to be supplied, on the day the order was dispatched, Allcott Hire had not referred to the list as the relevant branch manager had not been trained in its use.

Following delivery of the scaffold components, the principal contractor requested additional components. On or around 18 June 2022, the scaffold components were used to build scaffolding.

Charge and sentencing

Allcott Hire had a duty under section 25 of the Work Health & Safety Act 2011 (NSW) to supply the scaffolding components in a manner that, so far as was reasonably practicable, was without risks to the health and safety of persons at the workplace that would use the scaffolding.

The Court heard that Allcott Hire’s failure to supply the minimum required components meant that the scaffolding towers could not be built on the date they were supplied, in compliance with the Australian Standards and manufacturers’ instructions, giving rise to various risks to workers including:

inadequate edge protection from the failure to provide sufficient toe boards sides, creating risks of falls of workers;
inadequate internal access from the failure to provide sufficient trapdoors and ladders, creating risks of falls due to inadequate access; and
inadequate stability from the failure to provide sufficient stabilisers, creating risks of instability and structural collapse.

It was determined that the offence occurred the day that Allcott Hire dispatched and delivered the components to the principal contractor.

As the charge was a Category 3 offence, it was not a requirement to prove that, on the date of the offence, any person was exposed to a risk of serious injury or death. It was also not relevant that the principal contractor later assembled the scaffolding towers using the additional components.

Allcott Hire pleaded guilty, and was convicted and fined $90,000, plus ordered to pay the Prosecutor’s costs.

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