Konstrukteur Pty Ltd was sentenced in the Broadmeadows Magistrates' Court on Thursday 27 November after pleading guilty to two charges of failing to ensure people other than employees were not exposed to risks to their health and safety.
The company was fined with conviction and also ordered to pay costs of $5,373.
In April 2023, a 35-year-old labourer and the site supervisor were tasked with installing new corrugated iron sheets as part of roof rectification works at the factory.
The pair, neither of whom were wearing a harness, used an elevated work platform to access the rooftop and began removing the old sheets one by one - each time exposing an open void, which was then covered by a replacement sheet.
After one of the sheets was removed, the supervisor turned his back and did not see the labourer fall 5.5 metres through the void to the concrete floor below.
The labourer was taken to hospital with life-threatening injuries and placed on life-support before undergoing multiple surgeries. He now requires 24/7 care because of the injuries.
A WorkSafe investigation found that Konstrukteur prepared a safe work method statement (SWMS), but it was not signed off or made available to workers and was not specific to the site.
The court heard none of the workers on site had been provided with training for safe working at height, despite the falls risks associated with the works being undertaken.
The company admitted it was reasonably practicable to have reduced the risk of falls by ensuring the work was performed in line with a prepared SWMS and by ensuring workers used a fall arrest system, such as safety harnesses.
WorkSafe Chief Health and Safety Officer Sam Jenkin said duty holders had no excuse for neglecting their obligations and putting workers at risk of falls from heights.
"Falls risks are well-known and it is disappointing to see such a tragic outcome that could have been avoided with training and fall prevention measures," Mr Jenkin said.
"By failing to prepare and strictly follow a SWMS, this employer left workers unprotected, and sadly the injured person is now living with the disastrous consequences of that negligence."
To prevent falls from height employers should implement the highest possible measures from the five levels in the hierarchy of controls:
• Level 1 Eliminate the risk by, where practicable, doing all or some of the work on the ground or from a solid construction.
• Level 2 Use a passive fall prevention device such as scaffolds, perimeter screens, guardrails, safety mesh or elevating work platforms.
• Level 3 Use a positioning system, such as a travel-restraint system, to ensure employees work within a safe area.
• Level 4 Use a fall arrest system, such as a harness, catch platform or safety nets, to limit the risk of injuries in the event of a fall.
• Level 5 Use a fixed or portable ladder, or implement administrative controls.
