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Nursery fined $65,000 after worker dies in shed roof fall

10 Mar 2025•BlueSafe Team•Source: WorkSafe VIC

Van Berkel Distributors Pty Ltd has been fined $65,000 after a maintenance manager fell through a shed roof while replacing roofing sheets without fall protection.

The company was sentenced without conviction in the Melbourne Magistrates' Court on Wednesday after pleading guilty to one charge of failing to reduce a fall risk by using a fall arrest system. It was also ordered to pay $8,000 in costs.

The 66-year-old maintenance manager was working alone on the shed roof in June 2022, attempting to replace polycarbonate roofing sheets. He fell through a sheet and landed on the floor 3.3 metres below. He underwent brain surgery in hospital but died a few days later.

WorkSafe's investigation found that the maintenance manager had no roofing qualification and that no Safe Work Method Statement (SWMS) had been prepared for the work.

The court heard that using a fall arrest system, such as a safety harness, was a reasonably practicable way for the company to reduce the risk of a fall.

WorkSafe Executive Director Health and Safety Sam Jenkin said working at heights above two metres significantly increased the risk of serious injury or death from a fall. "The steps to reduce the risks of falls are well known, so it’s heartbreaking that we continue to see tragic and preventable loss of life such as this," Mr Jenkin said.

"It only takes a second to fall – and yet the consequences can be devastating – so there’s no excuse for failing to take every reasonable precaution when working at heights." WorkSafe provides guidance on preventing falls and an information sheet covering risk controls when removing fragile roofing.

How Blue Safe can help: Our free SWMS tool can help you prepare a Safe Work Method Statement for high-risk construction work, including work at heights. Create a free SWMS

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