NSW Construction Firms and Director Hit with $205k in Fall-from-Height Fines
11 Aug 2026•BlueSafe Team•Source: SafeWork NSW
Two construction companies and a director have been fined a combined $205,000 in the Industrial Court of NSW after a worker suffered serious injuries in a six‑metre fall from an inadequately constructed scaffold. The case reinforces the critical need for robust WHS management systems, safe work method statements (SWMS) and effective supervision on construction sites.
Two Sydney construction companies, Ausko Design Constructions Pty Ltd and Oh Haan Constructions Pty Ltd, along with Oh Haan director and site foreman Mr Ju Sik Oh, have been fined a total of $205,000 following a serious fall-from-height incident.
The Industrial Court of NSW imposed penalties of $100,000 on Ausko Design Constructions, $15,000 on Oh Haan Constructions, and $90,000 on Mr Oh after a prosecution brought by SafeWork NSW.
The proceedings arose from an incident on 5 October 2023, when a worker fell approximately six metres from a scaffold that had been unsafely constructed. The worker sustained serious injuries, highlighting ongoing risks associated with inadequate planning and control of work at heights.
Ausko Design Constructions pleaded guilty to a Category 2 offence under section 32 of the Work Health and Safety Act 2011 (WHS Act), for failing to comply with its primary duty of care to workers under section 19(1). The court found that reasonably practicable steps to manage the risk of a fall from height were not implemented.
Mr Oh, the sole director of Oh Haan Constructions and acting site foreman at the time, also pleaded guilty to a Category 2 offence under section 32 of the WHS Act. He failed to comply with his duty under section 28(b), which requires workers and officers to take reasonable care that their acts or omissions do not adversely affect the health and safety of others.
The judgments in SafeWork NSW v Ausko Design & Construction Pty Ltd; SafeWork NSW v Oh Haan Constructions Pty Ltd; and SafeWork NSW v Oh are available on the NSW Caselaw website. Ausko Design Constructions, Oh Haan Constructions and Mr Oh retain the right to appeal their sentences.
SafeWork NSW has reiterated that falls from heights remain one of the leading causes of traumatic injury and death in New South Wales workplaces. Preventing falls is a key focus area in the regulator’s current compliance and enforcement priorities.
SafeWork NSW has again reminded all PCBUs, officers and site supervisors of their duty to ensure workers are protected when exposed to fall hazards, including when erecting, altering or using scaffolds. This includes proper planning, supervision, and the implementation of suitable control measures, supported by comprehensive WHS management systems and task-specific SWMS for work at heights.
Workers with concerns about unsafe work practices or WHS issues can contact SafeWork NSW anonymously on 13 10 50 or via the Speak Up Save Lives online reporting tool.
Business owners and workers can also access guidance on managing the risks of working at heights, including policies, procedures and templates to support compliance, via SafeWork NSW and specialist WHS providers. For example, structured WHS management systems are available through providers such as Bluesafe to assist construction businesses in meeting their obligations.
This case serves as a reminder that failures in planning, supervision and safety documentation for high-risk construction work can result in severe injuries, substantial fines and potential personal liability for directors and site leaders.