An organisation employing people with a disability has been sentenced to a $190,000 fine and an adverse publicity order after a worker with mobility and vision impairments fell down a flight of stairs and later died.
Ability Works Australia Pty Ltd is a not-for-profit organization that provides employment to people living with a disability and people experiencing disadvantage. It employed approximately 110 supported employees (i.e. employees with a disability and/or experiencing disadvantage) and 30 support employees (i.e. employees who would assist the supported employees to undertake their roles).
At the workplace there was an upstairs meals room where supported employees would take their meal breaks. Employees could exit the meals room through a door which led to an upper landing. From the upper landing, the lower floors could be accessed by a wooden staircase consisting of two flights of stairs connected by a mid-landing area, or via a passenger lift.
One of their supported employees suffered from a condition that rendered her legally blind (with some vision), diminished her hearing and required her to use a walker for mobility, was employed at the workplace.
In December that employee was found lying on the stairs with her foot caught between the stairs and her head on the middle landing. The employee died later that day in hospital.
WorkSafe's investigation revealed a near miss incident in August 2022, when the same worker was observed at the top of the stairs with her walker hanging off the edge of the first step.
Ability Works accepted it was reasonably practicable to reduce the risk of serious injury or death from a fall by ensuring workers identified with specific impairments did not access or go near the staircase from the upper level without adequate supervision during meal breaks.
WorkSafe Chief Health and Safety Officer Sam Jenkin said the incident and tragic outcome could have been prevented. "All workers, including those with vision and mobility impairments and other vulnerabilities, deserve to work in a place where their health and safety is and always will be a priority."
In sentencing, the Court noted that the Directors of the not-for-profit social enterprise are volunteers and the organisation had operated for 60 years without coming before the Courts. The Court accepted that the breach was a lapse rather than a systemic failure – it was not financially motivated and did not involve cost cutting. A stair supervision roster was introduced following the incident and eventually the stairs were removed entirely.
In addition to imposing a fine of $190,000, the court issued an adverse publicity order requiring the company to publicise the offence, its consequences and the penalty in an industry publication.
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: Company fined after disabled worker's staircase death | WorkSafe Victoria