In February 2025, Van Berkel Distributors Pty Ltd was, without conviction, fined $65,000 in the Melbourne Magistrates' Court after pleading guilty to a single charge of failing to reduce the risk associated with a fall by using a fall arrest system.
Following an appeal, the Melbourne County Court set aside the company's original sentence last Wednesday and ordered it to pay a fine of $250,000 without conviction.
In June 2022, a 66-year-old maintenance manager was working alone on the roof of a shed at the workplace without any fall protection, attempting to replace polycarbonate roofing sheets.
He fell through one of the sheets, 3.3 metres to the floor below, and was taken to hospital where he underwent brain surgery, but died a few days later.
A WorkSafe investigation found the maintenance manager did not have any qualification in roofing and a Safe Work Method Statement (SWMS) had not been prepared for the task.
The court heard that it was reasonably practicable for the company to reduce the risk of a fall by using a fall arrest system, such as a safety harness.
WorkSafe Executive Director Health and Safety Sam Jenkin said the appeal outcome sent a strong message to employers that fall prevention is non-negotiable.
"WorkSafe is extremely serious about preventing falls from height as we continue to see too many lives lost or forever changed in incidents that should never have happened," Mr Jenkin said.
"We're doing a significant amount of work in this space and will continue to fight for stronger penalties against employers who choose to put workers' lives at risk, particularly when the safety solutions are well-known and readily available."
WorkSafe provides comprehensive guidance to duty holders on falls prevention as well as an information sheet on how to control risks during the removal of fragile roofing.
To prevent falls from height employers should:
- Eliminate the risk by, where practicable, doing all or some of the work on the ground or from a solid construction.
- Use a passive fall prevention device such as scaffolds, perimeter screens, guardrails, safety mesh or elevating work platforms.
- Use a positioning system, such as a travel-restraint system, to ensure employees work within a safe area.
- 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.
- Use a fixed or portable ladder, or implement administrative controls.
