$100,000 Fine After Fatal Fall

What Happened

In December 2019, while replacing roof sheets, a worker fell 6.5 metres through an unprotected roof void, landing on the concrete floor below and sustained fatal injuries. Neither the director nor the worker had formal training or licenses for such work, including working at heights.

Regulatory Findings

The manufacturing company pleaded guilty to breaching sections 19 ("Primary duty of care") and 32 ("Failure to comply with health and safety duty–Category 2") of the South Australian Work Health and Safety Act 2012.

Sentences and Penalties

Deputy President Judge Miles Crawley found that the PCBU failed to provide fall prevention devices, conduct proper hazard assessments, or ensure adequate supervision. The judge also criticized the company for having a haphazard approach to safety and poor post-incident improvements.

The company was subsequently fined $100,000 for failing to provide appropriate safety equipment during a high-risk maintenance task.

FAQ's

What is working at heights?

"Working at heights" is defined as any task where there is a risk of falling from one level to another. Under the Work Health and Safety (WHS) Regulations, PCBUs must implement safety measures and fall protection for work at heights, especially above 2 meters.

What hazards are associated with working at heights?

Some hazards of working at heights include:

• Worker falls from heights,
• Falling objects,
• Structural instability,
• Weather conditions, and
• Inadequate fall protection, and insufficient training.

What are some controls for working at heights?

Some controls for working at heights include:

• Avoid working heights (where possible),
• Substitute with safe methods,
• Installing guards/ scaffolding/ platforms/ nets,
• Training,
• Procedures,
• Supervision,
• PPE,
• Weather monitoring, and
• Equipment maintenance.

Did you know?

Did you know that working at heights is one of the leading causes of serious injuries and fatalities in Australian workplaces? According to Safe Work Australia, falls from heights accounted for 11% of all work-related deaths between 2003 and 2015. This has led to stringent regulations under the Work Health and Safety (WHS) Act 2012, requiring businesses to implement rigorous safety measures like fall prevention systems, regular hazard assessments, and specialized training for workers.

Article Sources and Further Reading

• Model Code of Practice: Managing the risk of falls at workplaces
• Model Code of Practice: Managing the risk of falls in housing construction
• How to conduct a workplace incident investigation /resources/workplace-incident-investigation/

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