Work at Heights Failures Lead to $480K Gross Negligence Penalty

A construction company has been fined $480,000 for gross negligence

after a worker fell three metres from an unprotected edge, suffering catastrophic injuries.

The Court found the risk was well known, foreseeable and easily controlled — but no effective safety measures were in place:

• No effective risk assessment or controls
• Edge protection removed without replacement
• Lack of inductions, supervision and consultation

Importantly, the director wrongly assumed that no complaints = no problem — a position rejected by the Court.

SafeWork NSW v Acon Projects Pty Ltd; SafeWork NSW v Adrian Conditsis [2026] NSWDC 111 (30 April 2026)

Key reminder for ACT builders:
Under the WHS Act 2011 (ACT), duty holders must proactively manage risks — you cannot rely on workers to raise safety concerns.

Check your site today:

• Edge protection installed and maintained
• SWMS in place for work at heights
• Regular pre-starts and clear supervision

What to do now

• Never remove temporary edge protection until permanent systems are in place
• Run daily pre-starts/toolbox talks
• Regularly inspect high-risk areas and document checks

Need help reviewing your SWMS or site safety systems? Contact MBA ACT Advisory Services.

For questions about your work, health and safety obligations, contact the Workplace Relations Team:

📞 (02) 6175 5900
📧 workplace@mba.org.au