Builder Commits $218k to Lift Site Safety After WorkSafe Action

Westurban Construction Pty Ltd has committed to a $218,000 enforceable undertaking following allegations in the Melbourne Magistrates' Court that it failed to provide and maintain a working environment that was safe and without risks to health.

The matter was heard on Wednesday 4 February, with the company facing three charges under Victorian health and safety legislation. WorkSafe Victoria has reserved the right to reinstate the charges if the terms of the undertaking are breached or withdrawn.

Westurban was engaged as the principal contractor for the construction of four townhouses and had engaged a range of contractors to work alongside its own employees. As principal contractor, the company held primary responsibility for coordinating health and safety across the site, including the implementation of effective WHS management systems, safe work method statements (SWMS) and site housekeeping controls.

In June 2023, WorkSafe inspectors visiting the site observed work being carried out near an unprotected live edge with no fall protection in place. An improvement notice was issued in relation to this uncontrolled fall risk.

Additional improvement notices were later issued for a failure to provide safe access to upper floors of the townhouses under construction and for poor housekeeping, including rubbish and construction debris that created slips, trips and falls hazards. All notices were subsequently complied with.

WorkSafe alleges that Westurban did not adequately eliminate or reduce the risk of falls by installing passive fall prevention systems, such as compliant scaffolding, and by failing to ensure workers only accessed the first floor via a properly secured ladder.

The enforceable undertaking, estimated at $218,000, requires Westurban to invest in measures that will improve health and safety outcomes both on the affected site and more broadly across its operations. Such measures typically include strengthening WHS management systems, enhancing training and supervision, and ensuring that SWMS for high-risk construction work are developed, implemented and monitored. For organisations seeking to formalise their own safety frameworks, structured WHS management systems are available through providers such as Bluesafe.

WorkSafe Chief Health and Safety Officer Sam Jenkin stressed the importance of principal contractors taking a proactive and systematic approach to construction safety.

"While employees and contractors have obligations to protect both themselves and others, they rely on systems and processes being in place for their health and safety," Mr Jenkin said.

He noted that falls from height remain a significant cause of serious injury and fatalities in the construction industry, and that rigorous planning, appropriate controls and clear SWMS are essential to preventing these incidents.

WorkSafe continues to emphasise the use of the hierarchy of controls when managing fall risks, starting with elimination of the hazard where possible, then moving through substitution, engineering controls (such as guardrails and scaffolding), administrative controls (such as procedures, policies and training) and, finally, personal protective equipment as the lowest level of protection.

Good housekeeping is also identified as a core requirement on construction sites. Employers should ensure rubbish and offcuts are regularly cleared, designated walkways are kept free of obstructions, and access ways such as stairs and ladders are maintained in a safe condition. Documented policies and procedures, supported by regular inspections and supervision, are key elements of an effective WHS management approach.

Media enquiries regarding this matter can be directed to WorkSafe Victoria via email at media@worksafe.vic.gov.au or by phone on 0438 786 968.