NSW Shade Sail Installer Hit With Major Fine Over Height Fall Risk

Shade sail installer Paul Edmond Semmens has been convicted and fined $168,750 in the District Court of New South Wales following a prosecution brought by SafeWork NSW over a serious fall from height incident.

The case relates to an incident on 8 April 2022, when a worker employed by Mr Semmens suffered significant injuries after falling while attaching a shade sail to a pole approximately 5.5 metres high. The incident occurred at a job site where adequate control measures for working at heights were not effectively implemented.

Mr Semmens pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011, for exposing a worker to the risk of death or serious injury. The court found that he owed the worker a primary duty of care under section 19(1) of the Act and failed to ensure, so far as was reasonably practicable, that the work was carried out safely.

The judgment in SafeWork NSW v Paul Edmond Semmens is available in full on the NSW Caselaw website, providing detailed insight into the court's assessment of risk management, reasonably practicable controls, and the importance of effective WHS systems when managing height-related tasks.

Mr Semmens retains the right to appeal against the sentence imposed by the District Court.

SafeWork NSW has reiterated that falls from heights remain one of the leading causes of serious injury and fatality in workplaces across the state. In commenting on the matter, SafeWork Commissioner Janet Schorer emphasised that preventing falls is a priority regulatory focus and reminded businesses of their legal obligation to protect workers engaged in work at height.

Commissioner Schorer noted that businesses must ensure robust risk management processes are in place, supported by appropriate WHS management systems, safe work method statements (SWMS), policies and procedures, to control fall hazards. Resources and guidance on managing the risks of working at heights are available through the SafeWork NSW website, including information on planning, equipment selection, training and supervision.

Workers who have concerns about unsafe work practices or WHS issues can make anonymous reports to SafeWork NSW by calling 13 10 50 or via the Speak Up Save Lives online reporting tool. Proactive reporting and strong internal WHS policies are critical to preventing similar incidents.

Businesses seeking to strengthen their safety framework can also consider implementing comprehensive WHS management systems and documented procedures, such as those available from specialist providers including Bluesafe's WHS Management Systems and task-specific Safe Work Method Statements (SWMS) for work at heights.