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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.

It has been 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'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.

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

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.

Eight things WorkSafe Victoria 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

Reference - Herald Sun

Reference - THE AGE