$55K Fine After Skylight Fall on Work Experience

WorkSafe

Bowitt Group Pty Ltd, trading as Melbourne Commercial Roofing, was sentenced in the Moorabbin Magistrates' Court on Wednesday 6 May after earlier pleading guilty to failing to ensure that a workplace under its management or control was safe and without risks to health.

The company was also ordered to pay $5,888 in costs.

The court heard that Bowitt Group was engaged to complete roofing works at Highett Neighbourhood Community House, which had multiple domed skylights.

In February 2024, a person on paid work experience with a subcontractor was carrying a removed roofing sheet to the side of the roof when he fell through a skylight more than 3.5 metres to the floor below, sustaining serious injuries resulting in paraplegia.

A WorkSafe investigation found that while several Safe Work Method Statements (SWMS) outlining the risks of the roofing works and associated control measures had been prepared, there were no fall protection measures in place.

The court heard it was reasonably practicable for Bowitt Group to reduce the risk of serious injury or death by securely covering the skylights or installing guardrails or barriers and signs around them.

WorkSafe Chief Health and Safety Officer Sam Jenkin said the risk of falls was well known and there was no excuse for not taking steps to address falls hazards.

"Time and time again we see duty holders fail to take simple, easily understood precautions to address the serious risks of a fall from heights," Mr Jenkin said.

"Sadly, this failure has left an individual with devastating injuries that could and should have been prevented."

The subcontracted sole trader who engaged the injured person was separately fined $50,000 without conviction in relation to the incident in December 2025.

To prevent falls from height duty holders 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.

Eligible employers can also get practical advice and resources to help prevent falls in their workplace through WorkSafe's free online falls basics workshops.

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