Builders Charged After Worker Falls from Third-Floor Balcony
03 June 2026•BlueSafe Team•Source: WorkSafe VIC
Two construction companies have been charged following a serious fall from a third-floor balcony, highlighting the critical importance of robust WHS management systems and effective fall prevention controls on building sites.
A 39-year-old construction worker sustained injuries after falling from a ladder while installing a ceiling on a third-floor balcony, landing on a lower balcony on the same building.
Following the incident, REQ Construction Pty Ltd and MAD Group Construction Pty Ltd have each been charged with a single offence under section 21(1) of the Occupational Health and Safety Act for allegedly failing to provide and maintain a working environment that was safe and without risks to health.
WorkSafe alleges both companies breached regulation 44(2) of the Occupational Health and Safety Regulations by not ensuring that a passive fall prevention device – such as a mobile scaffold or similar compliant system – was in place for the task being performed.
It is further alleged that REQ Construction failed to ensure that an appropriate passive fall prevention device was available on site for workers to use.
The matter is listed for a filing hearing in the Melbourne Magistrates' Court on 4 June 2026.
This case underscores the need for construction businesses to implement and maintain comprehensive WHS management systems, supported by clear policies, procedures and task-specific Safe Work Method Statements (SWMS) for work at height. Resources to support compliant WHS policies and procedures are available from specialist providers such as BlueSafe.
Media enquiries: media@worksafe.vic.gov.au or 0438 786 968.