Serious fall from height penalty highlights duty to manage workplace risks

A recent court case in Victoria reinforces that employers across all industries have a legal duty to manage fall risks, even in workplaces where height hazards may seem routine.

An employer was fined $270,000 after a delivery driver died when they fell 1.2 metres from the open tailgate of a truck at a workplace. The company had contracted a transport provider to deliver and collect trolleys, with the expectation that delivery trucks would be fitted with safety rails on their tailgates. On the day of the incident, the truck attending the site did not have a safety rail, and the employer had not installed swing gates or other protections at the dock.

The Court found that the employer was aware of the risks, including through contractual requirements, and had failed to eliminate or minimise them. Following the incident, additional safety measures were installed at a significant cost. The company pleaded guilty to breaching Section 26 of Victoria’s Occupational Health and Safety Act 2004, which requires employers to ensure workplaces under their control are safe and without health risks.

WorkSafe Victoria emphasised that falls from height continue to be a major hazard, with 39 workers losing their lives across nearly a dozen industries since 2021. The message is clear: employers must proactively manage risks and implement practical and effective safety measures.

Key takeaways for builders and contractors

While this incident occurred outside construction, the lessons are highly relevant to the residential and commercial building sector:

1. Assess all height risks: Any work involving elevated surfaces, scaffolds, ladders, roof edges, or loading docks carries a potential fall risk.
2. Eliminate hazards first: Redesign the workspace or tasks to remove the risk entirely where possible.
3. Control risks where elimination isn’t possible: Use guardrails, swing gates, personal fall arrest systems, or other engineering and administrative controls.
4. Verify contractor compliance: Ensure contracts specify required safety equipment and procedures.
5. Monitor and maintain safety measures: Equipment like gates or rails must be regularly inspected and maintained.
6. Document your efforts: Keep records of risk assessments, safety inspections, and contractor communications to demonstrate diligence.

Falls from height remain one of the leading causes of serious injuries and fatalities in construction. Even small heights, such as loading docks, stairwells, or mezzanine levels can be deadly if hazards are unmanaged. Regulators will hold employers accountable if risks are foreseeable and not properly managed.

Master Builders ACT encourages members to review their WHS procedures, implement fall prevention systems and train staff and contractors to work safely at heights. Proactive measures prevent tragedies and demonstrate compliance with legal duties as an employer.

Need help?

Contact our Workplace Relations Team for advice on managing fall risks, safe system procedures, and WHS compliance.
Email: workplace@mba.org.au
Phone: 02 6175 5900