WorkSafe Victoria has shown that it is serious about preventing falls from heights in an appeals case last week.
Regular readers of SafetyNet may remember our previous article from February this year about the Monbulk nursery and horticultural supplier Van Berkel Distributors Pty Ltd which received a penalty of $65,000 after their maintenance manager died following a fall from heights.
Van Berkel Distributors appealed the penalty.
In June 2022 the maintenance manager at Van Berkel Distributors was working on replacing polycarbonate roofing sheets on a shed. He was working alone and without any fall protection. One of the sheets broke and he fell 3.3m to the floor below. He was taken to hospital where he underwent brain surgery but died a few days later.
The WorkSafe investigation found that the maintenance manager had no qualification in roofing and no Safe Work Method Statement (SWMS) had been prepared for the task. The court heard at the February 2025 hearing that it was reasonably practicable for Van Berkel Distributors to mitigate the risk of falls by using a fall arrest system, such as a safety harness.
Following Van Berkel Distribution’s appeal, the Court set aside the original sentence and ordered Van Berkel Distributors to pay a fine of $250,000.
WorkSafe Executive Director Health and Safety Sam Jenkin said the appeal outcome sent a strong message to employers that fall prevention is non-negotiable.
“WorkSafe is extremely serious about preventing falls from height as we continue to see too many lives lost or forever changed in incidents that should never have happened,” Mr Jenkin said.
Guidance on safe working at heights is available on our OHS Reps site at Prevention of Falls, and employers can find guidance at the WorkSafe website – e.g. A Guide to Falls Prevention.
WorkSafe provides comprehensive guidance to duty holders on falls prevention as well as an information sheet on how to control risks during the removal of fragile roofing materials - Falls through roofs skylights voids penetrations
Read more: Fine for fatal fall almost quadrupled on appeal | WorkSafe Victoria
