AR Constructions has been fined a record $1.75 million after pleading guilty to health and safety failures that led to the death of experienced rigger Adrian Farina Pacheco in July 2024. The 59-year-old was killed when a lifting device on a crane failed, causing a steel column to fall on him at a construction site in Malaga, in Perth's north.
Incident details and court outcome
On the day of the incident, Pacheco was part of a three-person team erecting standing columns. He entered the danger zone of a suspended column at the same time a non-compliant lifting device, known as a pink lug, failed. Paramedics attended but could not save him.
On Monday, the Midland Magistrates Court fined the company, now in liquidation, $1.75 million and ordered it to pay over $2,600 in costs. WorkSafe Commissioner Sally North said the magistrate found the offending at the highest end of seriousness and that the defective equipment should have been removed immediately when identified.
WorkSafe investigation findings
WorkSafe's investigation revealed the lifting device was non-proprietary and not compliant with standards, despite resembling suitable equipment. There were no records of its origin, manufacturer, inspection history, or how long it had been used. The court heard that company directors knew the device was not rated or compliant but did not remove it from use.
“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,” North said.
Record penalty under WA law
The fine is the largest ever imposed under Western Australia's workplace safety laws. The case underscores the importance of ensuring all equipment meets safety standards and that dangerous items are removed from sites immediately.
