Fall prevention breaches during work on an historic Melbourne theatre have led to a fine for building restoration company HBS Group Pty Ltd.
HBS Group specialises in restoration and conservation projects, working on some of Australia’s most iconic buildings. They were engaged to install and remove a Class B Gantry to protect the public whilst work was being carried out on the façade of the Forum Theatre. HBS Group maintained supervision over the workplace, had a site foreman and safety officer on site, and subcontracted the erection of scaffolding for the project to another company.
When a WorkSafe inspector visited the site, they saw three workers on top of an awning with no fall protection installed along the perimeter edge. Only one of the workers was wearing a harness, but that harness was not attached to an anchor point, and one of the workers was laying over the edge of the awning to receive materials being handed up from the back of a truck parked at street level.
Neither the HBS Group’s site foreman nor their safety officer were present at the worksite when the inspector arrived.
It was reasonable to expect that HBS Group would ensure the safety of its employees by eliminating or reducing the risk of a fall from the awning. The risks associated with working at heights are well known and the information and guidance available from WorkSafe is freely available to employers undertaking such work. The use of passive fall prevention devices such as perimeter guard railing, and an elevated work platform to transport materials to the awning from street level would have mitigated the risk to workers of serious injury or death.
HBS Group was sentenced to a fine of $15,000 without conviction.
HSRs can find guidance on working at heights hazards at our Prevention of Falls - OHS Reps and Working from Heights - what are the regulations? - OHS Reps pages.
WorkSafe also publishes advice and guidance for employers to safely manage working at heights:
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.