NSW Firms Hit With $590k in Fines After 10m Roof Fall Incident

Pendle Ham and Bacon Pty Ltd and PHBC LH Pty Ltd have been convicted and fined $320,000 and $270,000 respectively in the District Court of New South Wales, following a prosecution brought by SafeWork NSW.

The case arose from a serious incident on 22 May 2021, when a worker was cleaning a roof above a retail store, tripped on a skylight and fell approximately 10 metres. The worker sustained significant injuries as a result of the fall.

Pendle Ham and Bacon Pty Ltd pleaded guilty to two offences under section 32 of the Work Health and Safety Act 2011. The first related to failing to comply with its primary duty of care to workers under section 19(1), and the second to failing to ensure, so far as is reasonably practicable, that the workplace was without risks to health and safety under section 20(2) of the Act.

PHBC LH Pty Ltd pleaded guilty to one offence under section 32 of the Work Health and Safety Act 2011, for failing to comply with its duty to workers under section 19(1). Both matters underline the importance of effective risk management, particularly for work involving roofs, skylights and other fall hazards.

The full judgment in this matter is available on the NSW Caselaw website. Both Pendle Ham and Bacon Pty Ltd and PHBC LH Pty Ltd retain the right to appeal their sentences.

SafeWork NSW has reiterated that falls from height remain a leading cause of traumatic injury and workplace fatalities across the state. The incident reinforces the need for businesses to implement and maintain comprehensive WHS management systems, supported by detailed Safe Work Method Statements (SWMS) for tasks involving work at heights. Resources to assist businesses in developing and implementing these systems and SWMS are available commercially, for example through providers such as BlueSafe Online.

Workers who have concerns about health and safety at their workplace can make anonymous reports to SafeWork NSW by calling 13 10 50 or by using the Speak Up Save Lives online platform.

SafeWork NSW also provides extensive guidance for employers and workers on controlling the risks associated with working at heights, including planning, training, selection of fall protection equipment, and ongoing review of WHS policies and procedures.

SafeWork Commissioner Janet Schorer emphasised that falls from heights are a major contributor to serious injuries and fatalities in NSW workplaces and reminded all businesses of their ongoing duty to ensure workers are adequately protected whenever work at height is undertaken.