$60,000 fine after worker breaks both arms in construction fall
16 Apr 2025•BlueSafe Team•Source: WorkSafe VIC
Iron Up Australia Pty Ltd has been fined $60,000 after a worker fell 3.2 metres at a construction site and fractured both arms and his nose. The court heard that concerns about missing fall protection had been raised before the incident.
The company was sentenced at Ringwood Magistrates’ Court on Thursday 10 April after pleading guilty to one charge of failing to ensure a workplace under its management and control was safe and without risks to health. It was also ordered to pay costs of $4,311.
Iron Up had been hired to supply and install steel framing for two double-storey units being built in Mount Waverly. In January 2023, four contractors were working on the upper storey when an uninstalled steel frame toppled over and knocked a worker to the ground below.
The worker sustained a compound fracture in one arm, fractures in the other arm and a fractured nose. He needed multiple surgeries and experienced ongoing physical, psychological and financial difficulties.
Prosecutors told the court the upper floor had no perimeter fall protection, and windows and stair voids were also unprotected. The court heard that a contractor told WorkSafe investigators he had raised concerns about the missing fall protection before the incident, but was told to install the frames without it.
Reasonably practicable measures to reduce the risk of serious injury or death included upper-floor guard rails or perimeter scaffolding, along with void protection and access ladders. Iron Up could also have had a Safe Work Method Statement identifying specific controls and responsibility for putting them in place.
WorkSafe Acting Executive Director of Health and Safety Adam Watson said ignoring safety concerns was inexcusable, particularly for known hazards such as falls from height that were relatively simple to control. “It is outrageous to think that even after a worker raised concerns about the lack of fall protection the company still failed to take the necessary steps to keep workers safe,” Mr Watson said.
Principal contractor Design N Build Pty Ltd and site supervisor Auspun Network Pty Ltd have also been charged over the incident. They are due to appear at Ringwood Magistrates’ Court on 12 June.
WorkSafe’s release advises employers to use the highest possible measures from the five levels of the hierarchy of controls to prevent falls from height.
How Blue Safe can help: Our free SWMS tool can help you set out task-specific hazards, control measures and responsibilities for high-risk construction work, including work at height. Create a free SWMS