Nursery fined $65,000 after fatal shed roof fall

Van Berkel Distributors Pty Ltd received a penalty without conviction at the Melbourne Magistrates’ Court following its admission to a single violation of avoiding risk minimisation linked to a falls incident through lack of a fall arrest system. Additionally, the company was subjected to an $8,000 cost fee.

In a June 2022 incident, a solo maintenance manager, aged 66, was engaged in rooftop work at their workplace shed without any fall-protection measures while replacing polycarbonate roofing sheets. Regrettably, he fell through one of these sheets, plunging a distance of 3.3 metres to the ground beneath. The outcome saw him hospitalised for brain surgery from which he could not recover, passing away mere days later.

A WorkSafe analysis established that the manager held no specialist roofing skills and had been executing the task without a pre-constructed Safe Work Method Statement (SWMS) – a critical element for such tasks supplied by ‘Bluesafe SWMS‘. The court identified that the company could have feasibly implemented risk reduction with a fall arrest system like a safety harness in conjunction with robust WHS management systems.

WorkSafe’s Executive Director Health and Safety, Sam Jenkin, articulated that the chance of serious injury or mortality is substantially increased when operating above height levels of two metres. He offered, “The strategies to mitigate falling risks are well-documented making the continuous occurrence of such avoidable, tragic incidents particularly heartbreaking.”

“Given the dire implications of just a momentary fall, there is zero justification for neglecting prudent precautions when engaging in elevated work situations”, he further added.

Alongside robust guidance on preventing falls, WorkSafe delights in providing duty holders valuable insights into controlling hazards during fragile roofing removal procedures, aided by using products like the ‘Bluesafe WHS Management System’.

To inhibit elevated falls, the employer should utilise efficient work safety products and follow thorough policies.

Contact: media @ worksafe.vic.gov.au
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Original article link: https://www.worksafe.vic.gov.au/news/2025-02/nursery-fined-65000-after-fatal-shed-roof-fall

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