Employers placing workers at risk of a fall from heights continue to be under the spotlight, with WorkSafe charging 67 employers over falls in 2025 - more than twice the number of employers charged for fall-related contraventions in the previous year.
As well as the increased number of employers charged, fines imposed by State Courts in 2025 reached $3.75 million – more than twice the value of fall-related fines in 2024.
The increased focus on employers ignoring safe work at heights practices is part of WorkSafe’s tough enforcement approach to preventing falls from heights, including an advertising campaign focusing on falls, and targeted inspection blitzes. WorkSafe Executive Director of Health and Safety Sam Jenkin said preventing falls was an enforcement priority for WorkSafe and the risk needed to be considered and managed across all industries and trades.
“Whether you’re a builder, a subcontractor, an employer or anyone with control or management of a workplace – health and safety is your responsibility,” he said.
“Fall prevention isn’t an optional extra, it’s the standard and WorkSafe will take the strongest possible action against those who fail to uphold it.”
The prevention of falls is covered under the employer’s general duty of care at s.21 of the OHS Act, and under Part 3.3 of the OHS Regulations. The duties of employers under Part 3.3 of the Regs requires them to identify any task that might involve a fall hazard, control the risk associated with that hazard, and review the control measures to ensure they are effective. The regulation sets out a 'hierarchy' for controlling falls - to prevent falls from height employers should implement the highest possible measures from the five levels in the hierarchy of controls:
- Eliminate the risk by, where practicable, doing all or some of the work on the ground or from a solid construction.
- Use a passive fall prevention device such as scaffolds, perimeter screens, guardrails, safety mesh or elevating work platforms.
- Use a positioning system, such as a travel-restraint system, to ensure employees work within a safe area.
- Use a fall arrest system, such as a harness, catch platform or safety nets, to limit the risk of injuries in the event of a fall.
- Use a fixed or portable ladder or implement administrative controls.
Part 3.3 of the OHS Regulations are supported by two construction codes of practice and a range of other guidance materials to assist with compliance:
- Compliance code: Prevention of falls in general construction
- Compliance code: Prevention of falls in housing construction
- Fall prevention
- Falls prevention checklist
- Preventing slips, trips and falls under 2 metres
WorkSafe also offers free online workshops on how to prevent workplace falls, for construction businesses with up to 200 employees, and information on managing the risks associated with 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.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria