An apprentice’s three metre fall through an unprotected skylight void in Footscray, followed by a continued failure to control for falls at the worksite has seen three companies fined, illustrating the enduring duty held by employers to provide a safe workplace for employees and other persons regardless of sub-contracting arrangements.
The Footscray workplace was the site of a five multi-storey townhouse construction project. KZ Construction Group Pty Ltd was the principal contractor of the project and contracted Kerimov Construction Pty Ltd to provide carpentry works on the project. In turn, Kerimov Construction sub-contracted carpentry work at the project to Calibre Construction Victoria Pty Ltd. Calibre Construction employed a qualified carpenter and several carpentry apprentices.
The first incident occurred in April 2024 when an apprentice employed by Calibre Construction fell through an unprotected skylight void whilst performing carpentry works, suffering a brief loss of consciousness and minor injuries. WorkSafe inspectors attended the workplace, conducted an inspection of the site and issued four prohibition notices in relation to the risk to KZ Construction, the principal contractor of the construction project.
The second incident relates to the reattendance by WorkSafe inspectors at the workplace where they observed two workers on the second level of one of the units under construction. The workers were identified as a qualified carpenter and the injured apprentice, who had returned to work. They were working near an unprotected perimeter edge and there was a risk of injury or death associated with a fall from heights of six metres. The inspectors noted that a guardrail system had been partially installed on the second level, however, it was incomplete as there was no guardrail on the southern side and the guardrail was missing the bottom railing. Five prohibition notices were issued to KZ Construction in relation to the risk.
The matters were then referred for comprehensive investigation and all three companies with health and safety duties and responsibilities at the workplace were scoped for potential contraventions of the OHS Act.
In the Melbourne Magistrates’ Court KZ Construction was fined $20,000 for their failure to ensure that the workplace was safe and without risks to health to persons other than employees as per s.26(1) of the OHS Act. It was reasonably practicable to expect the company that had management or control of the workplace as principal contractor to eliminate or reduce the risk of a fall from height by installing covers on skylight voids, and perimeter edge protection in the form of compliant guard railing.
On the same day, Kerimov Construction was fined $20,000 for their failure to comply with s.26(1) of the OHS Act. It was reasonably practicable to expect Kerimov Construction to eliminate or reduce the risk by undertaking works only after all unprotected skylight voids and stair voids had been covered and perimeter protection in the form of guard railing had been correctly installed. Although Kerimov Construction submitted that the company had a lower role in the offending than KZ Construction, the Court considered that this did not diminish the duties placed on Kerimov Construction.
The third company, Calibre Construction, was fined $10,000 for breaches of s.21 of the OHS Act and r.327(1) of the OHS Regulations. As the employer of the workers performing carpentry works on the project Calibre Construction had a duty to provide and maintain for its employees a working environment that was safe and without risks to health. Calibre Construction failed to provide a safe system of work for the work at heights and failed to perform work in accordance with the safe work method statement prepared for the task.
The Court noted that Calibre Constructions’ offending only related to the single day of the incident, unlike their co-offenders. Despite Calibre Construction submitting that the company had a lower role in the offending than KZ Construction and Kerimov Construction, the Court considered that this did not diminish the duties placed on Calibre Construction.
Every worker has a right to be safe at work. Regardless of the layers of sub-contracting arrangements that are often seen in construction workplaces, exposing workers to the risk of serious injury or death from a well-known hazard such as a fall from height is unacceptable. WorkSafe’s comprehensive investigation and multiple prosecutions in this case demonstrates that contracting others to perform high risk work does not exempt duty holders from their responsibilities under the OHS Act and OHS Regulations.
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