Roofing company fined $700,000 over nine working at height offences

The Broadmeadows Magistrates’ Court sentenced the company ex parte on Thursday 12 February. It imposed an aggregate fine of $350,000 for failures involving passive fall prevention devices, fall protection and safe work method statements (SWMS) at three sites in Fraser Rise and Clyde North. A further aggregate fine of $350,000 covered failures to provide a safe system for working at height and to carry out high risk construction work in accordance with a SWMS at Mickleham. Proform was also ordered to pay $12,965 in costs across the two matters.

The court heard Proform had been engaged to install steel roofing at the Fraser Rise and Clyde North sites. In April 2023, a WorkSafe inspector responding to a complaint at Fraser Rise saw a worker on a roof with neither perimeter guard railing nor safety harnesses in place. The worker said no SWMS had been prepared, despite work being carried out at heights of 2.9 and 3.2 metres.

Later that month, an inspector investigating another complaint saw two workers on a roof at Clyde North without a fall prevention system or perimeter guard railing. The inspector issued an interim direction and a notice requiring roofing work to stop until Proform provided a safe system of work. The next day, the inspector again saw two workers installing roof sheets without fall protection, including one who had been working the previous day.

At another Clyde North site that month, a WorkSafe inspector saw two workers installing roof sheets on townhouses without fall prevention equipment. They were working more than two metres above the ground, and there was no SWMS at the workplace.

In July 2024, an inspector responding to a complaint about a Mickleham townhouse construction site saw two workers installing battens on a lower roof without fall protection. Both faced a potential three-metre fall, and no SWMS was available.

The court heard it was reasonably practicable for Proform to use fall protection such as handrails, perimeter guardrails, harnesses or scaffolding. It was also reasonably practicable to have a SWMS where appropriate and carry out high risk construction work in accordance with it.

WorkSafe Chief Health and Safety Officer Sam Jenkin said the fines sent a clear message to employers who repeatedly ignored their health and safety obligations. “One working at height offence is unacceptable. Nine offences – especially after multiple WorkSafe interactions and improvement notices – show a disturbing disregard for workers’ lives.”

“We won’t wait for a worker to fall before taking strong enforcement action – especially when duty holders flout safety obligations even after multiple warnings.”

How Blue Safe can help: Our free SWMS tool can help you prepare a safe work method statement for high risk construction work, including work at height. Create a free SWMS