NSW Maintenance Firm Fined $33,000 After Fall From Height Breaches

Pengda Pty Ltd has been ordered to pay $33,000 in fines by the Local Court of New South Wales following a prosecution brought by SafeWork NSW over a serious fall from height incident.

The case relates to an event on 25 May 2023, when a worker fell around three metres through the roof of a metal storage shed, landing on a pile of rolled carpets and sustaining serious injuries. The incident involved a clear fall risk, highlighting the importance of robust WHS management systems and safe work procedures for working at height.

Following the incident, Pengda Pty Ltd failed to notify SafeWork NSW and did not preserve the scene for inspection. Both actions are required under the Work Health and Safety Act 2011 when a notifiable incident occurs.

The company pleaded guilty to an offence under section 38(1) of the WHS Act for failing to immediately notify SafeWork NSW of a notifiable incident, and to a further offence under section 39(1) for failing to preserve the incident site until a SafeWork NSW inspector attended or directions were provided.

The court’s decision reinforces that businesses must have clear WHS policies, procedures and incident reporting processes in place. Formal systems, such as documented WHS management systems and Safe Work Method Statements (SWMS) for tasks involving work at height, can help ensure notification and site preservation obligations are understood and followed. Resources and templates to support these obligations are available from specialist providers, including SWMS documentation at Bluesafe Online.

Pengda Pty Ltd retains the right to appeal the sentence imposed by the Local Court.

SafeWork NSW has reiterated that falls from heights remain a leading cause of traumatic injury and workplace fatalities across the state and that duty holders must ensure adequate risk controls are in place whenever there is a potential for a fall.

SafeWork Commissioner Janet Schorer emphasised that all businesses are responsible for promptly notifying SafeWork NSW of notifiable incidents and preserving incident sites for investigation, and that they will be held accountable where they fail to comply with these legal duties.

Workers who have concerns about health and safety in their workplace can raise issues anonymously by calling SafeWork on 13 10 50 or using the Speak Up Save Lives online reporting tool. Employers and workers can also access guidance on managing the risks of working at height via the SafeWork NSW website.