$700K FINE FOR EGREGIOUS DISREGARD OF WORKING AT HEIGHTS RISKS

A company that specialises in steel roofing installation and maintenance, Proform Roofing (Vic) Pty Ltd, was found guilty of multiple serious safety failures, convicted and fined $700,000 in the Broadmeadows Magistrates’ Court last week. The company did not appear in court and did not enter a plea for the two prosecutions that covered five separate occasions of exposing employees to serious risks of falling from heights.

In 2023 Proform Roofing was engaged to install roofing at three residential construction sites in Fraser Rise and Clyde North.

On 13 April WorkSafe received information about a worker working at height without any fall protection equipment at the Fraser Rise address. Upon arrival the inspector confirmed the lack of perimeter guard railing and that the lone worker was not wearing a safety harness despite both the house and garage gutter height exceeding two metres. A Safe Work Method Statement (SWMS) had not been prepared for the work that was being undertaken.

On 17 April a similar report was received by WorkSafe in relation to the first Clyde North address. The responding Inspector observed two male workers performing roofing works on the roof of the house under construction, at a height greater than two metres, without any fall prevention system or perimeter guard railing installed. The Inspector issued an Improvement Notice to Proform Roofing which required it to provide a safe system of work for its employees performing roof installation works at the construction site and directing work to cease until a compliant fall prevention system had been installed.

On 18 April the Inspector returned to the same Clyde North workplace to check compliance with the interim direction contained in the Improvement Notice. Upon arrival at the site the Inspector again saw two workers on the roof, and again there was no fall protection equipment being used.

On 26 April a WorkSafe Inspector attended the second Clyde North workplace and observed that two single-storey residential homes were being constructed at the sites and roofing works had not yet commenced on either home. On 27 April the Inspector returned to make further enquiries into reports of persons performing works at height without adequate fall prevention equipment being installed and observed four persons installing Colorbond roofing sheets on one of the homes at a height of greater than two metres and without fall prevention equipment.

In 2024 Proform Roofing was engaged to undertake various roof related works at an address in Mickleham where two double storey townhouses were being built.

On 11 July a WorkSafe Inspector attended the workplace in response to reported high risk activity, where he observed a townhouse under construction at the framing stage and two workers on the lower roof installing roof battens. A SWMS was not available for the works, no fall protection was in place, and both workers were at a risk of falling three metres.

In sentencing Proform Roofing, the Court noted the company was well aware of their obligations with respect to working at heights has ignored or failed to deal with them. The serious nature of Proform Roofings OHS breaches and the timeframe over which the breaches occurred indicates no change in the attitude of the company towards employee safety.

Companies that put their employee’s lives at risk for the sake of saving money or a little time cannot claim ignorance of their duties and obligations under the OHS Act and Regulations. WorkSafe publishes free guidance to assist employers in fulfilling those duties, particularly for high-risk industries such as construction. Compliance Codes, handbooks and employer guides are available, all offering plain-language explanations and examples of how to safely manage the prevention of falls in construction workplaces. With the tiniest amount curiosity about safety matters related to their industry employers can be well equipped to protect their employees.

Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria

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