ACT building firm pleads guilty to work safety breaches after worker’s fatal fall

A building company has pleaded guilty to workplace safety violations following the death of a carpenter who fell over six metres at a Denman Prospect worksite in 2020. This incident highlights the ongoing risk construction workers face when fall protection measures are inadequate, and it underscores why access to proper safety systems remains critical on residential building sites across the Australian Capital Territory.

Acting WorkSafe ACT commissioner Amanda Grey said the carpenter's death was preventable.

"Mr Magi's death was preventable, and our thoughts and condolences are with his family, friends and colleagues today."

"Every worker has the right to a safe workplace and the right to return home safely."

"Charges like the ones that Better Building Holdings needed to respond to should be laid promptly, and those who breach the WHS laws held to account."

"We're glad to see Better Buildings Holdings take responsibility for its failure to provide a safe workplace for Mr Magi."

WorkSafe ACT's ongoing crackdown on construction risk

In a statement, WorkSafe ACT said it completed multiple targeted campaigns across several suburbs in 2021, focusing heavily on fall risk at height and access to construction sites where working at height is common practice.

The safety watchdog added that the crackdown on residential construction would continue this year, with inspectors paying particular attention to how builders manage risk when workers operate at height without adequate protective measures.

The company will face sentencing on 6 May 2022.

Why falls from height remain a leading cause of workplace death

Falls from height continue to represent one of the most significant hazards in construction work throughout Australia. Employers carry a legal duty under WHS legislation to eliminate or minimise risk wherever workers must access elevated areas, including roofs, scaffolding and stair voids.

Cases like this one, alongside the Victorian building company charged after a worker's fatal fall, demonstrate a consistent pattern across state and territory jurisdictions: inadequate fall protection at height leads directly to preventable tragedies.

Similar enforcement action has occurred in the Northern Territory, where industrial manslaughter charges followed a Darwin building contractor's worker fatal fall, reinforcing that regulators nationwide treat height-related incidents with utmost seriousness.

What builders should do to reduce fall risk

• Provide appropriate fall protection systems before work at height begins
• Ensure safe access to elevated work areas, including stair voids and roof edges
• Maintain documented WHS policies covering height-related tasks
• Conduct regular site inspections targeting known fall hazards
• Keep scaffolding and edge protection compliant with current standards

Builders seeking to strengthen compliance can review our OHS Building Work and Maintenance Management System, which outlines practical controls for managing height and access risk on residential and commercial sites. A well-documented Work Health and Safety Policy also helps demonstrate due diligence should WorkSafe inspectors visit a site.

Not all elevated risks involve roofs or scaffolding. Tasks involving winches and lifting equipment at height carry comparable hazards, and our Winch Safety Safe Work Method Statement provides guidance for managing those specific risks safely.

This case serves as a stark reminder that regulators across Australia, including WorkSafe ACT, remain committed to holding companies accountable when workers are exposed to unnecessary risk at height. Building firms that prioritise robust safety systems protect not only their workforce but also their long-term commercial viability.

Source: WorkSafe ACT website.