A recent prosecution by SafeWork NSW highlights the significant consequences businesses can face when working-at-heights risks are not adequately managed. A building renovator has been convicted and fined $90,000 after two workers were injured when a garage roof collapsed during demolition works.
While the financial penalty is substantial, the case serves as an important reminder that workplace health and safety obligations extend far beyond compliance. Employers must proactively identify hazards, implement appropriate controls, and ensure workers are protected from foreseeable risks.
What Happened?
According to SafeWork NSW, the incident occurred on 26 April 2023 during demolition works. Two workers fell at least 2.5 metres after a concrete garage roof collapsed beneath them.
Following an investigation, prosecutors brought proceedings against the business owner. The defendant pleaded guilty to an offence under Section 32 of the Work Health and Safety Act 2011 for failing to comply with health and safety duties owed to workers under Section 19(1) of the Act.
The Industrial Court imposed a $90,000 fine. Additionally, the Court required the defendant to complete a Certificate IV in Work Health and Safety and undertake a SafeWork NSW construction safety webinar series.
Why Working at Heights Remains a Major Risk
Falls from height continue to cause serious workplace injuries and fatalities across Australia. Acting SafeWork Commissioner Petrina Casey stated that falls from heights remain a primary cause of traumatic injuries and workplace deaths in NSW.
Many employers associate working at heights with large commercial construction projects. However, height-related risks also arise during routine activities. For example, workers may encounter fall hazards while performing maintenance, demolition, roof access work, inspections or tasks involving ladders and elevated platforms.
Importantly, even falls from relatively low heights can result in severe injuries. Consequently, businesses that underestimate these risks expose workers and their organisations to significant harm.
What Employers Need to Do
Australian WHS laws place a primary duty of care on employers to provide a safe workplace so far as is reasonably practicable.
Therefore, employers should establish systems that identify hazards before work begins and review risks as conditions change.
For working at heights activities, businesses should:
- Conduct thorough risk assessments before starting work
- Identify potential roof collapse or structural failure hazards
- Develop and implement safe work procedures
- Provide suitable fall prevention systems
- Ensure workers receive appropriate training
- Supervise work activities effectively
- Review controls regularly to confirm they remain effective
Furthermore, employers should verify that contractors follow the same safety standards as employees. Consistency across all workers helps reduce exposure to preventable risks.
Key Lessons for Business Owners
This prosecution demonstrates that regulators expect employers to take a proactive approach to safety rather than reacting after an incident occurs.
As a result, business leaders should regularly consider the following questions:
- Have we identified all foreseeable fall risks?
- Do workers understand the site-specific hazards?
- Are our control measures documented and regularly reviewed?
- Have we provided adequate training and supervision?
- Do contractors follow our safety requirements?
Importantly, many workplace incidents occur because businesses overlook known hazards or fail to maintain effective controls. Therefore, regular safety reviews remain critical.
The Cost of Getting It Wrong
A serious workplace fall can create consequences far beyond regulatory penalties.
For injured workers, the impact may include lengthy recovery periods, permanent injuries and loss of income. Meanwhile, employers may face workers compensation claims, project delays, increased insurance premiums, legal costs and significant reputational damage.
Furthermore, regulators continue to focus on preventing falls from heights as a key enforcement priority. Consequently, organisations should review their controls and compliance obligations before an incident occurs.
When employers invest in effective risk management, they protect their people, strengthen workplace culture and reduce financial exposure at the same time.
Need Help?
Managing workplace safety risks, workers compensation obligations and return to work requirements can be complex. ABILITY GROUP helps employers strengthen WHS systems, improve injury management processes and support successful return to work outcomes.
Contact ABILITY GROUP today to discuss how we can support your organisation's workplace safety, injury management and workers compensation needs.
Further Information
Source: Safe Work Australia
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