Victorian Employer Penalised Over Fatal Stairway Fall of Disabled Worker

Ability Works Australia Pty Ltd has been fined in the Melbourne County Court after admitting to failing to provide and maintain a working environment that was safe and without risks to health, following the death of a disabled worker who fell on a workplace staircase.

The organisation, which operates as a not‑for‑profit, was sentenced without conviction after entering a guilty plea to a single occupational health and safety charge. In addition to the financial penalty, the court imposed an adverse publicity order requiring the company to publicly disclose details of the offence, its consequences and the court‑ordered penalty in an appropriate industry publication.

The court heard that the Kew workplace included an upstairs meals room used by supported employees. The room was accessed via two flights of stairs linked by a mid‑landing, or alternatively by a wheelchair‑accessible passenger lift. The worker at the centre of the case was legally blind, 66 years old, and used a walker for mobility.

In December 2022, the worker was discovered by a colleague lying upside down on the stairs, with her head resting on the mid‑landing. Her walker remained upright at the top of the staircase. She was transported to hospital but later died as a result of her injuries.

WorkSafe Victoria’s investigation identified a serious near‑miss incident in August 2022, involving the same worker. On that occasion, she was observed at the top of the stairs with her walker hanging over the edge of the first step, indicating a clear and foreseeable risk of a fall from height.

The court was told that Ability Works accepted it was reasonably practicable to reduce the risk of serious injury or death by ensuring that workers with identified impairments did not access or approach the staircase from the upper level without adequate supervision during meal breaks. Such measures would ordinarily be documented and enforced through a comprehensive WHS management system, supported by specific policies, procedures and risk controls for vulnerable workers.

WorkSafe Chief Health and Safety Officer, Sam Jenkin, said the fatality was preventable and underscored the importance of learning from near‑miss incidents.

"It's disappointing to know there was a close call just months before this tragedy occurred and the appropriate safety improvements, such as providing supervision around the meal break room, weren't put in place and adhered to," Mr Jenkin said.

"All workers, including those with vision and mobility impairments and other vulnerabilities, deserve to work in a place where their health and safety is and always will be a priority."

This case serves as a reminder for all employers to review their workplace access arrangements, including stairways and lifts, and to ensure that risks for workers with disabilities are systematically identified, assessed and controlled. Implementing formal WHS management systems and clearly documented policies and procedures can assist businesses to meet their obligations and prevent similar tragedies. For organisations seeking structured safety documentation, WHS management system resources are available from specialist providers such as BlueSafe.