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Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →Outbyte PC Repair FREERepair Windows errors before they cause bigger problemsFix Now →CASM Construction was fined $750,000 after a worker fell 2.2 metres through a gap in bi-fold doors into an unfinished swimming pool at a Western Australian construction site. The fall, on 14 December 2021, caused life-changing injuries. The court case centred on a hazard that had been identified but was left without effective protection as site work changed.
What happened at the CASM Construction site?
The incident occurred at a CASM Construction worksite in Woottating, about 65 kilometres east of Perth. The Western Australian prosecution record says a contractor fell 2.2 metres into the pool’s deep section after falling through a gap in bi-fold doors. ABC News identified the worker as Terry Dunn, a carpenter.
Temporary fencing had been arranged around the pool excavation about eight months before the fall, according to the Department of Commerce, Government of Western Australia prosecution record. ABC reported that scaffolding covering the pool had been removed about a month before the incident and was not put back, and that there were no barriers restricting access.
What injuries did the worker suffer?
ABC News reported that Dunn fractured his skull, broke six ribs and his shoulder, and punctured a lung. He spent 41 days in intensive care. Magistrate Sarah Oliver said, “That day changed his life forever.” She also said, “Sentencing will never fully reflect the human element of this case.”
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- Low profile design
- Tested and marked for reverse donning
- Shell constructed from high density polyethylene materials
- Country Of Origin: China
Why was CASM Construction fined $750,000?
The official prosecution entry records that CASM Construction Pty Ltd (Administrators Appointed) was convicted on 14 July 2025 in the Magistrates Court of Western Australia at Northam and fined $750,000. The offence was under sections 22(1) and 22A(2) of the Occupational Safety and Health Act 1984 (WA): failing to take practicable measures to ensure people at the workplace were not exposed to hazards, causing serious harm. ABC reported that CASM pleaded guilty.
The site’s safety plan had identified a fall-from-height risk and called for special consideration of swimming pools, according to WorkSafe Commissioner Sally North, quoted by PerthNow: “A fall from height was identified as a moderate risk in CASM’s Site Specific Safety Management Plan, with special consideration required for swimming pools, however the pool was left uncovered for a substantial period of time which created the risk that led to this serious incident,”
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- Country Of Origin : United States
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Separate fine for former director
ABC reported that former director Shane Lynn pleaded guilty to neglect and was fined $45,000. The report said he was granted a spent conviction. These were separate penalties: the $750,000 fine was imposed on CASM, while the $45,000 fine was imposed on Lynn.
Was the $750,000 fine paid?
ABC and PerthNow reported at sentencing that collection of the fines was unlikely because CASM was in liquidation and Lynn was bankrupt. Those reports describe the circumstances at the time; they do not establish whether any part of either fine was collected afterward.
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What changed after the fall?
The WA prosecution record says a construction professional was engaged after the incident to take on oversight obligations and make the site safe. The recorded measures included reinstating scaffolding in the pool, changing the safety management plan, holding fortnightly safety-management meetings and completing more safe-work-method statements.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What construction teams can take from the case
The case illustrates why a fall risk needs an effective control for the work stage actually underway—not only a note in a plan or a control that was present earlier. When scaffolding, fencing, access routes or other protections are moved or removed, the remaining hazard and access to it need to be reassessed.
Rank #4
- Low profile design
- Tested and marked for reverse donning
- Shell constructed from high density polyethylene materials
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- Match protection to the current opening: Consider whether the control physically prevents a person from reaching or falling into the pool opening, rather than relying only on warnings or assumptions about access.
- Coordinate changes in work stages: Before removing scaffolding or altering a barrier, determine what protection will remain and how the next stage will be controlled.
- Restrict access where needed: Check how workers, contractors and visitors could reach the hazard, including through doors or other openings.
- Keep plans operational: Risk assessments and safety procedures should be reflected in site conditions, assigned oversight and communication as work changes.
The prosecution record does not establish that one particular barrier product is universally suitable. Controls must fit the site, the changing work and applicable requirements; a generic retail fence by itself is not proof of compliance.
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