Builder sentenced over worker’s fatal fall through stair void

The company pleaded guilty in the Melbourne County Court to one charge of failing to ensure a workplace under its management or control was safe and without risks to health.

The court heard the worker was engaged by a carpenter contracted by Pearl Construction Group to build frames and erect roof trusses for several multi-storey townhouses.

In September 2022, he was carrying steel lengths along the first floor when he fell through an open stair void onto concrete three metres below. He sustained serious head injuries and later died in hospital.

As principal contractor, Pearl Construction Group could reasonably have eliminated or reduced the risk of a fatal or serious fall by preventing access to the first floor until perimeter guardrails were installed around the stair void. Access also needed to be via a ladder extending at least 90 centimetres above the first floor and securely fastened at both ends.

WorkSafe Chief Health and Safety Officer Sam Jenkin said duty holders had no excuse for neglecting their obligations and exposing workers to falls from height. “It is incredibly frustrating and tragic to see another life lost to such a preventable and well-documented risk,” Mr Jenkin said.

“Despite there being extensive information and guidance on ways to properly manage the risks, falls from height sadly remain the number one cause of death and serious injury in the construction industry.”

In August 2025, the sole trader operating the carpentry business as Big Basa Constructions was sentenced to 100 hours of community work and fined $10,000 after pleading guilty to one charge relating to the incident.

WorkSafe’s release advised employers to use the highest possible measures from the five levels of the hierarchy of controls to prevent falls from height.

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