Builder Fined $40,000 For Lack Of Fall Protection

WorkSafe

Desbo Industries Pty Ltd was sentenced in the Geelong Magistrates' Court on Thursday 5 March after earlier pleading guilty to a single charge of failing to ensure a workplace under its management and control was safe and without risks to heath.

The company was also ordered to pay costs of $4,422.

The court heard the company was engaged as the principal contractor to construct a two-storey residence in the suburb of Grovedale.

In October 2024, a WorkSafe inspector attended the workplace following a report of unsafe work at height practices and observed two contractors installing flooring sheets on the first floor, more than three metres from the ground, without fall protection in place.

Access to the first floor was via an extension ladder in the stair void, where an incomplete attempt had been made to create an exclusion zone using tape.

An investigation revealed the company had three prior interactions with WorkSafe between 2020 and 2024 in relation to the risk of serious injury or death from a fall from height greater than two metres due to inadequate or the absence of any fall protection.

Desbo accepted it was reasonably practicable to reduce the risk at the Grovedale site by restricting access to the first floor until suitable and compliant perimeter guard railing was installed around the perimeter edge and stair void.

WorkSafe Chief Health and Safety Officer Sam Jenkin said the outcome sent a clear message for employers who repeatedly ignored their health and safety obligations.

"We won't wait for a worker to fall before taking strong enforcement action - especially when duty holders ignore safety obligations even after multiple warnings," Mr Jenkin said.

"The ways to properly manage working at height are well-known and readily available so employers have absolutely no excuse to put their workers at risk."

A subcontractor engaged to undertake carpentry works at the site has also been charged and will next face the Geelong Magistrates' Court on 14 April.

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.
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