$7.5K FINE IN PURE RISK FALLS CASE

Walliker Plumbing Pty Ltd has pleaded guilty and received a fine of $7,500 for failing to provide a safe system of work in the form of fall protection prior to commencing works at a height of more than two metres.

Walliker Plumbing was engaged by Clear Concept Homes Pty Ltd (co-offender) to perform roof plumbing works in the construction of seven triple-storey townhouses in Dandenong. Walliker Plumbing’s own Safe Work Method Statement (SWMS) identified the risk of falling from heights and specifically required the use of handrails at the roof edged for fall protection.

In May 2024 during a WorkSafe site visit the inspector observed an employee working on a townhouse balcony at a height of approximately three metres with no fall protection devices in use. Seven improvement notices were issued by the inspector requiring the risk of falling from a height to be addressed. Within a month all improvement notices had been complied with.

The means by which a system of work could manage the risk of failing from heights include installing perimeter edge protection, utilising scaffolding or using an elevated work platform (EWP).

You can find information about working at heights on our OHS Reps pages Working from Heights – what are the regulations and Prevention of Falls.

There are many resources available to employers on the WorkSafe site, including –

Walliker Plumbing was charged under s.21(1) and s.21(2)(a) of the OHS Act for their failure to provide a safe system of work despite no incident or injury occurring. A 'pure risk' prosecution targets breaches of risk-based legal duties that do not involve death, injury, illness, or near misses. This is in line with WorkSafe’s commitment to get tough on falls breaches.

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

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