A slew of fall-from-heights fines

Young girl fell off a diving board at a Gold Coast water park

A 4-year-old slipped through the guard rails while waiting in line to perform her third jump on day in January 2021. The fall took her 3 meters to the concrete below, which imparted fractures to her skull and some vertebrae.

The judge presiding over the hearings on the incident noted the seriousness of the injuries and considered the Victim Impact Statement from the parents detailing the effect on their family. Based on her judgement that the aquatic centre had not sufficiently met their positive responsibility to proactively mitigate risks that are reasonably foreseeable, she issued a fine of $125,000 on a guilty plea, but recorded no conviction, in February 2024.

The investigation by Workplace Health and Safety Queensland determined that the risk assessment previously recorded by the aquatic centre overlooked the use of diving facilities by members of the public such as young children. It also found that there was no functional wristband entry mechanism in place, which meant that usage was solely directed by the discretion of the lifeguard on duty.

To the benefit of the defendant's case, they had immediately closed off the diving tower, installed vertical rails to improve the tower safety, and cooperated with the investigators. Also counting in their favour was the absence of any previous convictions.

Victorian roofer missed the mesh

In August of 2021 a Victoria roofer fell 4.2 meters from an unfinished safety mesh at a school, leading to 15 surgeries for broken bones in his legs and feet. The employer was fined $7,500 without conviction by Magistrates' Court in September 2023, where the defendant plead guilty on a negligence for an incomplete safety mesh installation.

Following an inspection of the event, WorkSafe found that the safety mesh absence was due to a lack of on-hand supply at the time, and that guard railing around the roof's perimeter had also been incomplete while the roofer was working.

WorkSafe subsequently appealed the original court order, achieving an escalation of the fine to a total of $40,000 plus $3,985 in costs, on February 15^th 2024. WorkSafe Executive Director of Health and Safety Narelle Beer remarked,

"WorkSafe will always look to exercise its right to appeal a prosecution result where we believe it does not reflect the seriousness of the offending."

This is merely the most recent update on an event that sits inside a construction industry that remains at the greatest risk to falls from heights in Victoria, which has prompted WorkSafe inspectors to launch a statewide blitz to address the issue. As part of their campaign they have put out advice for mitigating fall risks, providing a hierarchy of measures. Each level after level one is only recommended if no higher measures can be implemented.

• 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.

12 month safety blitz campaign in NSW

SafeWork NSW had also launched a 12-month campaign in May 2023 to address the alarming number of serious injuries and deaths caused by falls from heights in the construction industry. The campaign targeted commercial and residential sites, as well as manufacturing, warehouse and transport sectors.

According to the latest data from Safe Work Australia, falls from heights accounted for 9% of all work-related deaths in Australia according to latest data. SWNSW incident data (i.e., incidents reported to SWNSW) indicate that most serious and fatal falls are from a height of less than 4 metres – which is generally a single storey or less. 22% of current SWNSW investigations are falls incidents in construction (as at April 2022).

$972,000 in fines

So far in the campaign, SafeWork Inspectors have visited 1,218 worksites and issued 1,499 Improvement Notices, 727 Prohibition Notices and 352 Penalty Notices, totalling $972,000 in fines. They also found that 65 per cent of the industry is using the highest form of safety measures, such as fall prevention devices, while 35 per cent is still relying on fall arrest systems, such as harnesses.

The next steps

SafeWork NSW will continue to prioritise the safety of workers at heights in 2024, starting with a blitz on the safe installation of rooftop solar panels this month. Contractors and builders are required to identify and control height risks by implementing higher order controls. Workers can report any safety concerns to SafeWork on 13 10 50 or through the ‘Speak Up Save Lives’ app.

Inspector observations also indicate high levels of non-compliance on site when it comes to fall risks:

• when working on roofs, including the incorrect set-up or misuse of harnesses
• when working on scaffolds, including missing components and unlicensed workers altering scaffolds
• when working on ladders, using step ladders that are too small for the job and not securing extension ladders

To prevent falls from heights, workers and employers should identify and assess the risks, implement appropriate control measures, and follow the relevant regulations and standards.

What SafeWork NSW says

Head of SafeWork NSW Trent Curtin said that falls from heights remain the number one cause of traumatic fatalities on NSW construction sites. He warned that businesses and individuals who disregard the rules will face fines and prosecution. He also urged workers to change their attitudes and connect to harness systems when working on roofs.

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