CONSTRUCTION giant Grocon and a small signage company are facing $9 million in fines after being criminally charged over the deaths of three people crushed in the Swanston St wall collapse last year.

Charges filed by WorkSafe in the Melbourne Magistrates’ Court late yesterday reveal that three Grocon companies were hit with five charges under the Occupational Health and Safety Act.

Sandringham-based company Aussie Signs, a Grocon subcontractor that was hired to erect an advertising hoarding to the front of the brick wall, was also charged with two counts of breaching health and safety laws.

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It is understood that Aussie Signs had subcontracted a third party to erect the hoarding that is alleged to have contributed to the incident.

Charge sheets, seen by the Herald Sun, allege the companies failed to protect the lives of Melbourne teenagers Bridget and Alexander Jones and French researcher Dr Marie-Faith Fiawoo, who died in the collapse.

“The attachment of the hoarding to the wall was unsafe,” the particulars of the charge sheets allege.

“It was reasonably practicable for Grocon Pty Limited to have eliminated or reduced the risk to the health and safety of persons in the vicinity of the wall and hoarding.”

Grocon executive chairman Daniel Grollo told the Herald Sun: “We acknowledge the action taken by WorkSafe given the tragic consequences of ­last year’s wall collapse and ­the broad obligations that ­apply under the Victorian ­Occupational Health and Safety Act.

“We don’t yet know the specific detail of what is being alleged against Grocon or the Melbourne signage company responsible for erecting the advertising sign on the wall so we need to await further details and legal analysis before we can properly respond.

“Grocon’s priority remains to assist investigating authorities as they continue to closely examine all of the factors that contributed to the wall collapse and identify what needs to be done to see it never happens again.

“Our thoughts and sympathies are with the families who so tragically lost their loved ones.”

The documents filed by WorkSafe inspector Brendan Johnson also allege that Grocon’s companies had eight key failings.

They included that the companies did not obtain a permit for the hoarding or get an engineer to inspect the wall before or after it was erected.

“Grocon did not take any of the above measures to eliminate or reduce the risk to health and safety of persons who were not its employees. Nor did it ensure that any other person or entity took such measures,” the particulars allege.

“Persons who were not employees of Grocon Pty Limited who ... were exposed to a risk to their health and safety as a result of Grocon Pty Limited’s failures.”…. (included) Bridget and Alexander Jones and Marie-Faith Fiawoo.”

Bridget Jones, 18, her brother Alexander, 19, and Dr Fiawoo, 33, were killed when the unsound brick wall, with a wooden advertising hoarding dynabolted to its facade, collapsed in 100km/h winds on Thursday, March 28, last year.

The wooden hoarding was approximately 300mm higher than the brick wall, which had significant cracks in its base.

The charges allege that Grocon did not take steps to consider the impact that the extra height of the sign would have on the structure of the brick wall.

Engineers have said that the hoarding may have acted as a sail, increasing the chances of the wall collapsing.

Grocon Pty Limited and Grocon Builders (Vic) Pty Ltd were charged with breaches of section 23 and 26 of the OHS Act 2004, for failing to protect the public and for failing to provide a safe workplace.

Grocon (Victoria Street) Pty Ltd was charged under section 26 of the Act for failing to provide a safe workplace.

Aussie Signs was charged under both sections 23 and 26 of the Act.

Each charge carries a maximum fine of 9000 penalty points, or $1.3 million.

The hoarding on the brick wall was advertising Swanston Square, a new apartment development that was being built on the former Carlton and United Brewery site.

A Grocon project general manager approved Aussie Signs to build the 80m long and 3.2m high wooden hoarding on the Swanston St wall on October 6, 2011, the particulars of the charges allege.

Just four days later work began on October 10 and was finished on October 14, 2011.

The charges against the four companies are expected to have an effect on the timing of a coronial inquest into the deaths.

EIGHT THINGS WORKSAFE ALLEGES GROCON AND AUSSIE SIGNS FAILED TO DO

1. Prior to installation of the hoarding, producing a detailed design which included how it was to be attached to the wall and how the wall and hoarding would be braced

2. Prior to installation of the hoarding getting a risk assessment about wind loading of the wall with the hoarding attached

3. Prior to installation of the hoarding getting an assessment by a structural engineer of the wall’s capacity to safely bear the hoarding

4. Obtaining a building permit for the hoarding

5. Require that the hoarding must not increase any lateral wind loading on the wall because it extends above or beyond the wall

6. Require that any increase in the later wind loading on the wall be counteracted by engineer approved bracing

7. Require a reduction in the wall so that a more robust signage/wall with engineer approved bracing could be constructed

8. After installation of the hoarding get an assessment of the wall’s capacity to safely bear the hoarding and making any modifications deemed necessary

stephen.drill@news.com.au