NSW Firm Fined $390k After Serious Fall Through Skylight Void

A building and maintenance company, Fitzmoore Group Pty Ltd, has been fined $390,000 in the Industrial Court of NSW following a prosecution by SafeWork NSW over a serious fall-from-height incident.

The case arose from an incident on 23 October 2023, when a worker fell approximately three metres through a skylight void, dropping from one level to another and sustaining serious injuries. The event underscored significant failures in planning and controlling the risks associated with work at heights.

Fitzmoore Group Pty Ltd pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011 for failing to comply with its primary duty of care to workers under section 19(1) of the Act. The court found that the company had not adequately identified and controlled the risk of falls, despite the known dangers of working near skylight openings and unprotected edges.

The full judgments against Fitzmoore Group Pty Ltd are available on the NSW Caselaw website. The company retains the right to appeal the sentence imposed by the Industrial Court of NSW.

This matter reinforces the importance of implementing and maintaining comprehensive WHS management systems, supported by clear policies, procedures and job-specific safe work method statements (SWMS) for work at heights. Proper risk assessments, edge protection, fall prevention systems and exclusion zones around skylights and voids are critical controls that must be planned, documented and verified before work commences.

Businesses seeking to strengthen their WHS documentation, including work at height procedures and SWMS, can access structured templates and tools such as those available at BlueSafe SWMS resources to help ensure risks are systematically managed.

SafeWork NSW has reiterated that falls from heights remain a key regulatory priority. The regulator emphasised that preventing injuries caused by falls is a focus area in its current compliance and enforcement activities, given that falls from heights are a leading cause of traumatic injuries and fatalities in NSW workplaces.

SafeWork NSW reminds all PCBUs and business owners of their duty to provide and maintain a work environment that is safe and without risks to health, so far as is reasonably practicable. This includes ensuring that workers are protected whenever there is a risk of falling, such as near skylights, roof edges, voids or elevated platforms, and that suitable controls are clearly documented in SWMS and WHS policies.

Workers who have concerns about health and safety at work can raise issues anonymously with SafeWork NSW by calling 13 10 50 or by lodging a report through the Speak Up Save Lives website. Employers and workers are also encouraged to access the range of guidance material, tools and training resources available from SafeWork NSW to improve their management of work at heights and other critical WHS risks.