Amazing Homes Pty Ltd was the principal contractor in the construction of two residential townhouses in Highett for which it engaged BNA Constructions Pty Ltd to perform framing works. In February 2024 a WorkSafe inspector visited the site and observed a 16-year-old BNA first year apprentice standing close to the edge of the unguarded first floor of one of the townhouses.
There was a risk of the apprentice falling 3.5m due to there being no fall prevention or protection in place. The WorkSafe inspector issued a number of improvement notices, including one for failing to control the risks associated with a fall from height.
Ten days later the inspector returned to the worksite to follow up on compliance with the improvement notices. Amazing Homes had complied with the notices and a timber guardrail was installed around the edge of the first floor of both townhouses.
Amazing Homes acknowledged that it was reasonably practicable to reduce the risk of a fall from height greater than 2 metres by using a passive fall prevention device, for example:
- A compliant guardrail system
- A temporary work platform
- A fixed, mobile, or suspended scaffold
- An elevating work platform
- A portable or mobile fabricated platform such as a step platform
Our OHS Act is ‘risk based’, meaning that an incident or injury need not have occurred - simply exposing workers to a risk or hazard is a breach of the law. Angel Homes placed the apprentice in a situation that exposed him to potential serious injury or death without controlling the risk.
The maximum applicable penalty value for a breach of the s.21 of the OHS Act duty to provide a safe workplace at the time of the incident was approximately $1.73 million.
Amazing Homes pleaded guilty and was sentenced to a fine of $12,000.
In February 2025 the Sentencing Advisory Council released a report to the Victorian Government making 12 recommendations for reform regarding the sentencing of OHS offences in Victoria. This included significantly increasing maximum penalties for breaching OHS duties in line with community expectations. The Victorian Government is yet to provide a response to this report.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria