Comcare files charges against construction firm for worker fall injuries

Aug 29th 2025 | Stephen Kariahe

Comcare files charges against construction firm for worker fall injuries

Comcare has charged a construction company with breaching federal work health and safety legislation after a worker suffered serious injuries in a fall of more than six metres. The matter was brought by the Commonwealth Director of Public Prosecutions and involves a single Category 2 offence carrying a maximum fine of $1.5 million.

What Comcare alleges

Following an investigation by the national work health and safety regulator, prosecutors have laid one charge alleging the business failed to discharge duties set out under the Commonwealth Work Health and Safety Act 2011 (WHS Act).

During the incident on 25 August 2023, a worker fell from the top of a reservoir, descending more than six metres to the ground below. He sustained multiple fractures to his ribs and spine.

Key details of the case

Date of incident: 25 August 2023
Fall distance: more than six metres, from the top of a reservoir
Injuries sustained: multiple rib and spinal fractures
Charge: one Category 2 offence under the WHS Act
Maximum exposure: $1.5 million

You can read further background in the regulator's published enforcement updates.

Why falls from height remain a construction safety priority

Falling while working above ground level continues to rank among the leading causes of death and permanent disability for construction workers in Australia. Regulators repeatedly point to missing edge protection, unrated anchor points, unplanned changes to a task, and thin supervision as recurring contributors.

Category 2 charges send a clear message: control measures must be in place, documented and verified before anyone steps onto an elevated structure. Reactive fixes after an injury carry little weight with a regulator.

Practical controls for elevated work

Install guardrails, covers or physical barriers at every unprotected edge prior to access.
Specify fall-arrest equipment with certified anchorages, then inspect harnesses and lanyards each shift.
Verify competency — not just attendance — for anyone tasked with working at heights, supervisors included.
Plan and rehearse rescue arrangements so a suspended person can be retrieved quickly.
Log pre-start checks, toolbox talks and permits so every safety decision remains traceable.
Maintain plant and access gear on schedule using written equipment maintenance SOPs.

How SafetyDocs helps you demonstrate due diligence

Written systems are what a regulator asks for first. Our construction safety management plans give duty holders editable, Australian-compliant templates covering hazard identification, high-risk activities and supervision records.

Principal contractors coordinating multiple trades typically begin with the Construction Site Management Pack for Principal Contractors. Civil teams choose our integrated suite for civil infrastructure construction, while precast crews rely on the concrete tilt-up construction suite.

Comcare files charges against construction firm for worker fall injuries