$40,000 fine after worker falls 3.85 metres through roof gap

The company was sentenced in the Geelong Magistrates' Court on Thursday after pleading guilty to three charges of failing to provide and maintain a safe workplace and one charge of failing to provide information, instruction or training. It was also ordered to pay $8,375 in costs.

The court heard the company had been contracted to carry out structural steel works for an alfresco dining area at a Geelong retail premises, including installing steel and plastic roof sheeting. In January 2022, two workers were installing roof sheets on top of the steel structure when one fell through a gap, approximately 3.85 metres to the ground.

The worker suffered bleeding on the brain, a fractured pelvis, several fractured ribs, lacerations to his liver and kidney, and bleeding associated with his adrenal gland.

WorkSafe inspectors found no safe work method statement (SWMS) at the site. A SWMS prepared for the installation had not been reviewed and revised to address the high risk construction work underway. No fall prevention measures were being used, and none of the workers on site had experience or training in working at heights.

It was reasonably practicable for the company to install passive fall prevention devices, including guard railing and safety mesh. It could also have trained workers in working-at-height hazards and risks, the need for passive fall prevention devices and how to implement them.

When inspectors returned in February 2022, they found the company's director and another worker on the roof without internal fall prevention measures. Within an hour of WorkSafe leaving, the director was again seen working on the roof without adequate fall protection.

The court found the company had failed to control the fall risk by affixing safety mesh across the entire roof area of the steel structure. WorkSafe Executive Director Health and Safety Sam Jenkin described the company's disregard for worker safety as inexcusable.

"It is no secret that there is simply no safe way to work from heights without the appropriate training and fall prevention measures in place," Mr Jenkin said. "It beggars belief that this company still failed to install adequate controls to ensure the site was safe even after the risk had eventuated and a worker had suffered serious injuries."

How Blue Safe can help: Our free SWMS tool can help you document task-specific hazards and controls for high risk construction work, including work at heights. Use it to support planning and review as the work changes. Create a free SWMS