Builder cops $100k fine after worker’s fall

A Melbourne-based construction company has been convicted and fined $100,000 after a worker fell almost three metres at its building site.

Construction company Adcon Vic has copped a large penalty after being sentenced ex parte at the Melbourne Magistrates Court, being found guilty of one charge of failing to provide a safe workplace. Along with the $100,000 penalty, the company was ordered to pay $6,726 in costs.

Adcon was originally subcontracted to build the concrete superstructure on the site and had engaged a labour hire company to operate tower cranes required for the job.

Back in August 2022, a dogman employed by the labour hire firm was told to help in lifting and moving materials on the structure’s sixth level to an area on the same floor that was deemed an exclusion zone. Concerns expressed by the labourer about working in the area, which was located outside the completed framework and had a number of unprotected edges, were ignored.

While the concerned worker was steadying the load being lowered by a crane, he took three to four steps backwards, falling from a ledge approximately 2.95 metres to the level below. The fall led to the worker being taken to the hospital, where they discovered he had sustained a concussion, a sprained ankle, and vertigo.

The court found it was reasonably practicable for the company to reduce the risk of falls by ensuring flagging and/or safety bollards were installed at least two metres from any live edge where a physical barrier was not practical.

“This case highlights the serious consequences of taking shortcuts on safety and has sadly left a worker with ongoing health battles,” said WorkSafe executive director of health and safety Sam Jenkin.

“It is extremely frustrating and simply unacceptable that falls continue to be one of the biggest causes of death and serious injury on Victorian construction sites when the risks and the ways to manage them are so well known.”

WorkSafe offered employers a blueprint on how to prevent falls from height:

• Level 1: Eliminate the risk by, where practicable, doing all or some of the work on the ground or from a solid construction.
• Level 2: Use a passive fall prevention device such as scaffolds, perimeter screens, guardrails, safety mesh or elevating work platforms.
• Level 3: Use a positioning system, such as a travel-restraint system, to ensure employees work within a safe area.
• Level 4: 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.
• Level 5: 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.