NSW Builder Fined $100k After Serious Fall From Two‑Storey Home

Customconstruction Pty Ltd has been convicted and fined $100,000 in the District Court of New South Wales following a prosecution brought by SafeWork NSW over a serious fall from height at a residential construction site.

The incident occurred on 25 July 2022 at a two-storey house under construction in Avalon Beach, where Customconstruction Pty Ltd was engaged as the principal contractor. A worker undertaking re-sheeting and cladding work fell approximately 3.8 metres, sustaining significant injuries.

The court found that Customconstruction Pty Ltd failed to adequately manage the risks associated with working at heights. The company 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.

This case reinforces the need for construction businesses to implement and maintain effective WHS management systems, supported by clear policies, procedures and task-specific Safe Work Method Statements (SWMS) for all work at height. Resources to assist with developing and implementing WHS documentation are available from specialist providers such as SWMS libraries and WHS management system frameworks.

The full judgment in this matter is available on the NSW Caselaw website. Customconstruction Pty Ltd retains the right to appeal the sentence imposed by the District Court.

SafeWork NSW has reiterated that falls from heights remain a leading cause of serious injury and death in New South Wales workplaces. SafeWork Commissioner Janet Schorer stated that falls are a primary cause of traumatic injuries and fatalities, and reminded all PCBUs of their obligation to ensure that workers are adequately protected when working at heights.

Workers who have concerns about health and safety at work can raise issues anonymously with SafeWork NSW by calling 13 10 50 or via the Speak Up Save Lives online platform. Business owners and workers can also access guidance material, tools and other resources to manage the risks of working at heights on the SafeWork NSW website.

This prosecution serves as a reminder to all construction businesses that failure to properly control fall risks, including the absence of suitable edge protection, fall prevention systems, and documented SWMS and WHS policies, can result in significant penalties as well as preventable harm to workers.