Why "Meeting the Standard" Isn’t Enough: A Wake-Up Call for Small Business Safety

In the world of workplace safety, many small to medium business owners believe that complying with Australian Standards is enough to protect their workers and their business. However, a recent South Australian Employment Tribunal (SAET) decision sends a clear message: compliance alone is not a shield against serious legal and financial consequences. 

In a case involving Borelli Concrete Pumping Pty Ltd, the tribunal found that the company’s failure to exceed the minimum requirements of the Australian Standard contributed to a serious workplace injury and a hefty fine. 

Let’s unpack what happened, why it matters, and what you can do to avoid a similar fate. 

The Incident: A Preventable Injury 

In August 2021, a worker suffered serious internal injuries when a concrete hose whipped out of control and struck him in the abdomen. The incident occurred while cleaning residual concrete from the hose using compressed air, a known high-risk activity. 

The hose had been moved to a different location on-site, unintentionally allowing air pressure to build up. The air tap was either bumped or not properly shut off, leading to a dangerous release of pressure. 

The result? A young worker, invited for casual work experience, ended up in hospital with life-altering injuries. 

The Tribunal’s Findings: Safety Failures Beyond the Standard 

Borelli Concrete argued that it wasn’t required by the relevant Australian Standard to install additional engineering controls, such as a spring-loaded air tap. The tribunal rejected this defense. 

Deputy President Magistrate Katherine Eaton made it clear: just meeting the minimum standard is not enough when the risks are foreseeable and preventable. 

“In choosing to operate at only the minimum of the Australian Standards, it behoved Borelli Concrete to pay particular attention to other aspects of its safety management,” she said. 

The company’s failures included: 

• No formal risk assessment for the cleaning task. 

• No documented safety procedures or briefings. 

• No preventative maintenance or testing of the air tap. 

• No engineering controls to prevent pressure buildup. 

The Consequences: A $72,000 Lesson 

Borelli Concrete pleaded guilty to breaching sections 19(1)(a) and 32 of the Work Health and Safety Act 2012 (SA). The tribunal found the offence to be objectively serious, imposing a fine of $120,000, reduced to $72,000 due to an early guilty plea. 

What This Means for Your Business 

As a safety professional, I often hear business owners say, “We’ve always done it this way and never had a problem.” But as this case shows, that mindset can be dangerous and costly. 

Here are five key lessons every small business owner should take from this case: 

1. Go Beyond the Minimum - Australian Standards are a baseline, not a ceiling. If safer, reasonably practicable measures exist, like better engineering controls, you must consider them. 

2. Document Everything - Informal safety chats aren’t enough. You need written procedures, documented risk assessments, and records of training and maintenance. 

3. Reassess When Conditions Change - Moving equipment, changing tasks, or introducing new workers should always trigger a fresh risk assessment. 

4. Invest in Engineering Controls  - Where possible, eliminate or reduce risks at the source. In this case, a spring-loaded tap could have prevented the injury. 

5. Don’t Rely on Luck - A clean safety record doesn’t mean your systems are effective. It might just mean you haven’t been tested … yet. 

Final Thoughts: Safety is a Business Investment 

Workplace safety isn’t just about compliance, it’s about protecting your people, your reputation, and your bottom line. The cost of doing nothing can be far greater than the cost of doing it right. 

If you’re unsure whether your current safety systems are up to scratch, now is the time to act. Conduct a WHS audit, review your risk assessments, and make sure your controls are not just compliant, but effective. 

Need help reviewing your WHS systems? 
As a qualified safety consultant, Anzen Safety and Training help small to medium businesses implement practical, compliant, and effective safety solutions. Reach out today for a free consultation.