Victorian Builder Hit with $40,000 Fine Over Repeated Fall Risks

Desbo Industries Pty Ltd has been convicted and fined $40,000 in the Geelong Magistrates' Court after pleading guilty to failing to ensure a workplace under its management and control was safe and without risks to health. The company was also ordered to pay $4,422 in costs.

The court heard that Desbo Industries was engaged as the principal contractor for the construction of a two-storey dwelling in Grovedale, Victoria. In October 2024, a WorkSafe inspector attended the site following a report of unsafe work at height and observed two contractors installing floor sheeting on the first floor, more than three metres above ground level, with no fall protection in place.

Access to the first floor was via an extension ladder positioned in the stair void. Only a partially completed exclusion zone made from tape was present, offering no effective control of the fall risk. No compliant perimeter edge protection or other higher-order controls from the hierarchy of control were in place at the time of inspection.

WorkSafe’s investigation identified that Desbo Industries had three previous interactions with the regulator between 2020 and 2024 regarding fall risks over two metres, each involving inadequate or absent fall protection. Despite these prior warnings, the company again failed to implement effective controls to prevent serious injury or death from a fall.

In court, Desbo Industries accepted that it was reasonably practicable to mitigate the risk at the Grovedale site by restricting access to the first floor until compliant perimeter guard railing was installed around the external edges and stair void. This could have been supported by clear WHS policies, site-specific SWMS for working at height, and stronger supervision of contractors.

WorkSafe Chief Health and Safety Officer, Sam Jenkin, said the sentence underscored the consequences for employers who repeatedly ignore their health and safety duties.

"We won’t wait for a worker to fall before taking strong enforcement action – especially when duty holders ignore safety obligations even after multiple warnings," Mr Jenkin said. "The ways to properly manage working at height are well-known and readily available, so employers have absolutely no excuse to put their workers at risk."

A subcontractor engaged to carry out carpentry works on the same project has also been charged and is scheduled to appear in the Geelong Magistrates' Court on 14 April.

This case highlights the importance of implementing a structured WHS management system and detailed SWMS for tasks involving work at height, including controls such as guard rails, secure access, exclusion zones, and regular supervision. Construction businesses can significantly reduce fall-related risks by adopting documented safety procedures and ensuring they are consistently applied and monitored. For guidance on developing formal WHS documentation, including policies and procedures, see resources such as WHS management systems that support compliance and safer site practices.