Penalty for workplace death almost quadrupled after appeal

The fine for a fatal fall has almost quadrupled following an appeal in the Melbourne County Court.

After receiving an original penalty of $65,000 for a guilty plea to failing to reduce the risk of a fall with a fall arrest system, Van Berkel Distributors has been hit with a nearly quadruple fine increase – forcing the company to pay $250,000.

An appeal caused the penalty to increase, with the Melbourne County Court setting the original decision aside – ordering the company to instead pay the $250,000 fine without conviction.

Back in June 2022, a 66-year-old maintenance manager was working by himself on top of a shed roof at the company’s workplace, replacing the roof sheets, when he suddenly fell through one of the sheets, 3.3 metres to the ground below.

The manager – who was without any fall protection – was taken to the hospital, underwent brain surgery, but passed away days after the incident.

According to the WorkSafe investigation into the fatality, the maintenance manager lacked the needed qualifications for roofing and did not have a Safe Work Method Statement (SWMS) prepared for the roofing task.

This led to the Melbourne County Court finding that it was “reasonably practicable” for Van Berkel Distributors to reduce the risk of a fall by implementing a fall arrest system like a harness.

“WorkSafe is extremely serious about preventing falls from height as we continue to see too many lives lost or forever changed in incidents that should never have happened,” said WorkSafe executive director of health and safety Sam Jenkin on why the outcome from the court sent a message to employers about fall prevention being a workplace non-negotiable.

“We’re doing a significant amount of work in this space and will continue to fight for stronger penalties against employers who choose to put workers’ lives at risk, particularly when the safety solutions are well-known and readily available.”

WorkSafe urged employers to consider the following directions when engaging in work at extended heights:

• 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.

Kace O'Neill

Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.