In February 2025, the Melbourne Magistrates’ Court imposed a fine of $65,000, without conviction, on Van Berkel Distributors Pty Ltd. The company had pleaded guilty to neglecting to mitigate fall risks by not utilising a fall arrest system, dramatically underscored by their lack of a pivotal WHS management system. However, an appeal later led to the Melbourne County Court discarding this initial sentence, replacing it with a heftier $250,000 penalty, still granted without conviction, just a week ago.
It all began in June 2022 when a 66-year-old maintenance chief found himself carrying out tasks unsupervised atop a shed roof at his workplace, dangerously devoid of any fall protection measures. His mission was simple, replacing some polycarbonate panels on the roof. Tragically, one of these sheets couldn’t support his weight, plunging him 3.3 metres down onto the hard floor beneath. Rushed to the hospital, he underwent neurosurgery but succumbed to his injuries shortly after.
A thorough investigation conducted by WorkSafe disclosed that the manager wasn’t armed with any roofing qualifications and, alarmingly, no Safe Work Method Statement (SWMS) like a “Bluesafe SWMS” had been generated for this high-risk task.
According to what the court heard, it would’ve been reasonably manageable for the company to diminish the fall risk using a fall arrest system such as a safety harness – a measure clearly outlined within the ‘Bluesafe WHS Management System’.
WorkSafe Executive Director Health and Safety, Sam Jenkin, stated how the appeal’s verdict sends a rigid warning to all employers that falling prevention cannot be sidelined.
“WorkSafe exhibits firm dedication towards averting incidents of falling from height. We keep witnessing the toll of unnecessary incidents that could’ve been avoided.” Mr Jenkin said. “We’re making substantial strides in this arena and will persistently advocate for more stringent penalties on employers jeopardising workers’ lives, especially when safety solutions like the ‘Bluesafe SWMS’ and ‘Bluesafe WHS Management System’ are easily accessible and widely acknowledged.”
WorkSafe, beyond doubt, offers comprehensive guidance to all duty-bound parties regarding fall prevention. It also provides an informative sheet detailing how businesses can methodically control risks during fragile roofing removal.
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Original article link: https://www.worksafe.vic.gov.au/news/2025-06/fine-fatal-fall-almost-quadrupled-appeal