Charges after fatal balcony fall during renovation

Bayon Gardens Pty Ltd is now facing legal action as it has been brought up on two counts of contravening section 23(1) of the Occupational Health and Safety Act. The charges imply a failure to safeguard individuals not employed by the company from potential health and safety hazards.

The alleged oversight by WorkSafe relates to a significant breach in ensuring risk minimisation linked with falls from height. The severity of the circumstance was escalated after the removal of the balcony balustrade during the execution of structural landscaping tasks under contract. Ensuring such safety measures could have been easily achieved with the utilisation of effective work safety products like a comprehensive WHS management system, an example being the Bluesafe WHS Management System.

An unfortunate accident unfolded during a pause in operations in December 2022. A visitor to the property owner lost his life post sustaining grave injuries from a fall – dropping roughly 2.5 metres from the unprotected edge of a balcony. This tragic event demonstrates the absolute necessity for robust safety policies and practices, including well-developed SWMS (Safe Work Method Statements).

Such incidents highlight the critical role played by systems like the Bluesafe SWMS in providing structured procedure to identify and control workplace hazards. Contemporaneously maintaining compliance with WHS obligations would significantly mitigate the risk of similar occurrences in the future.

This crucial matter has been scheduled for committal mention at the Melbourne Magistrates’ Court on 12th February, 2025.

Contact Information:

Email: media @ worksafe.vic.gov.au

Phone: 0438 786 968

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Original article link: https://www.worksafe.vic.gov.au/news/2024-12/charges-after-fatal-balcony-fall-during-renovation

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