Roofing Firm Hit With $700k Penalties Over Repeated Height Breaches

Proform Roofing (Vic) Pty Ltd has been convicted of nine offences under the Occupational Health and Safety Act and Regulations and ordered to pay a total of $700,000 in fines following serious and repeated working at height breaches.

In the Broadmeadows Magistrates' Court on 12 February, the company was sentenced ex parte and received an aggregate fine of $350,000 for failing to use passive fall prevention devices and fall protection, and for failing to have a safe work method statement (SWMS) in place across three residential roofing projects in Fraser Rise and Clyde North.

A further aggregate fine of $350,000 was imposed for separate offences at a Mickleham construction site, where the company failed to implement a safe system of work for tasks at height and did not ensure high risk construction work was carried out in accordance with a SWMS.

Proform Roofing was also ordered to pay $12,965 in costs in relation to the two matters.

The court was told the company had been engaged to install steel roofing at three sites in Fraser Rise and Clyde North. In April 2023, a WorkSafe inspector attended a Fraser Rise site following a complaint about inadequate fall protection. The inspector observed a worker on the roof with no perimeter guard railing or safety harness in place. The worker advised that no SWMS had been prepared, despite working at heights of 2.9 and 3.2 metres.

Later that month, another inspector responding to a complaint attended a Clyde North site and saw two workers on a roof without any fall prevention system or perimeter guard railing. An interim direction and notice were issued, requiring Proform Roofing to cease roofing works until a safe system of work was implemented.

The following day, the same inspector returned and again observed two workers installing roof sheets without any form of fall protection, including one worker who had been on the roof the previous day.

Also in April, a WorkSafe inspector attended a separate Clyde North townhouse development and saw workers installing roof sheets without guardrails, scaffolding or other fall prevention equipment. All workers were operating at heights above two metres and there was no SWMS available on site.

In July 2024, a WorkSafe inspector investigating a complaint at a townhouse construction site in Mickleham observed two workers on a lower roof installing roof battens without any fall protection. Both were exposed to a three-metre fall risk and again, no SWMS was in place.

The court heard it was reasonably practicable for the company to implement appropriate control measures, including handrails, perimeter guardrails, harness systems or scaffolding, and to ensure a SWMS was prepared, implemented and followed for all high risk construction work.

WorkSafe Chief Health and Safety Officer, Sam Jenkin, said the penalties reflect the seriousness of repeatedly ignoring legal duties and highlighted the need for robust WHS management systems and safe work procedures.

"One working at height offence is unacceptable. Nine offences – especially after multiple WorkSafe interactions and improvement notices – show a disturbing disregard for workers' lives," Mr Jenkin said.

"We will not wait for a worker to fall before taking strong enforcement action, particularly where duty holders flout safety obligations even after multiple warnings."

To prevent falls from height, employers must apply the hierarchy of control and implement the highest level of protection that is reasonably practicable, such as permanent or temporary edge protection, scaffolding, elevated work platforms or fall arrest systems, supported by clear SWMS and documented WHS policies and procedures.

Duty holders undertaking high risk construction work are required to identify the hazards, assess the risks, prepare and follow a SWMS, and ensure workers are trained and supervised to perform tasks safely. Integrating these requirements into a formal WHS management system can help ensure consistency and compliance across multiple sites. Resources are available to support businesses in developing and implementing effective WHS documentation, including SWMS templates and WHS management systems.