A Melbourne-Mornington Peninsula landscaping company is facing two charges under section 23(1) of the OHS Act after leaving a worksite in an unsafe condition resulting in a person, who was not their employee, falling to their death.
During the undertaking of a structural landscaping job in 2022 the company removed the balustrade from a balcony. There were no measures put in place to prevent a fall, and during a break in the works during December 2022 a guest at the property fell approximately 2.5 metres from the unprotected edge of the balcony and died from his injuries.
Had the company prepared a Safe Work Method Statement (SWMS) the fall hazard would have been identified and controls would likely have been implemented, potentially avoiding the fatal incident. Falls are a well-recognised risk with many available and accessible methods of hazard control.
This is a timely reminder to ensure that safety management systems are correctly implemented to render worksites safe at all times, including during times of shutdown or leave. For information on how to manage falls risks at your worksite read more at Working from Heights - what are the regulations? - OHS Reps.
This case is due for committal mention at the Melbourne Magistrates Court in February 2025.
Read more: Charges after fatal balcony fall during renovation | WorkSafe Victoria