Pearl Construction Group Pty Ltd was sentenced in the Melbourne County Court today after pleading guilty to a single charge of failing to ensure a workplace under its management or control was safe and without risks to health.
The court heard the 23-year-old worker was engaged by a carpenter contracted by the company to build frames and erect roof trusses for a number of multi-storey townhouses.
In September 2022, the worker was carrying lengths of steel along the first floor when he fell through an open stair void to the concrete floor three metres below.
He suffered serious head injuries and later died in hospital.
It was reasonably practicable for Pearl Construction Group, as the site's principal contractor, to eliminate or reduce the risk of death or serious injury due to a fall by restricting access to the first floor until perimeter guardrails had been installed around the stair void, and access was made using a ladder that extended at least 90 centimetres past the first floor that was securely fastened at the top and bottom.
WorkSafe Chief Health and Safety Officer Sam Jenkin said duty holders have no excuse for neglecting their obligations and putting workers at risk of falls from heights.
"It is incredibly frustrating and tragic to see another life lost to such a preventable and well-documented risk," Mr Jenkin said.
"Despite there being extensive information and guidance on ways to properly manage the risks, falls from height sadly remain the number one cause of death and serious injury in the construction industry."
The sole trader of the carpentry business, trading as Big Basa Constructions, was sentenced to 100 hours of community work and ordered to pay a fine of $10,000 after pleading guilty to a single charge in relation to the incident in August 2025.
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.
