Monbulk nursery sentenced after worker’s fatal fall from roof

Monbulk Nursery Sentenced After Worker's Fatal Fall From Roof

A Monbulk-based nursery and horticulture supply company has been fined $65,000 after a worker suffered a fatal head injury from falling through a shed roof onto a concrete surface below.

The Melbourne Magistrates' Court handed down sentencing against the Monbulk nursery last week, without a conviction recorded, after the company previously entered a guilty plea to a charge concerning its failure to minimise fall risk through proper use of a fall arrest system.

Court records also show the company must cover $8,000 in expenses related to proceedings.

What Happened During the Fatal Roof Fall

The incident occurred in June 2022 when a man was replacing polycarbonate roofing sheets without any fall protection equipment in place.

He fell through one of the sheets, dropping 3.3 metres onto concrete below. The 66-year-old worker underwent brain surgery in hospital but passed away days later from his injuries.

Why Fall Protection Matters for Construction and Horticulture Businesses

This tragedy highlights a persistent hazard across construction, horticulture, and related trades: working at height without adequate protective systems.

Falls from height remain one of the leading causes of workplace fatalities across Australia. Businesses operating in construction, agriculture, and nursery supply services carry a legal duty to identify fall risk before work begins, not after an incident occurs.

WorkSafe Victoria's investigation into this case underscores several key safety obligations relevant to employers providing horticulture supply services, roofing services, or general construction services:

• Conducting risk assessments before any work at height commences
• Providing and enforcing use of fall arrest systems where required
• Ensuring workers receive adequate training for roof work tasks
• Reviewing safety procedures regularly to identify emerging risk factors

Health and Safety Obligations for Employers

Under occupational health and safety legislation, employers must eliminate or minimise risk so far as reasonably practicable. When roof work is involved, fall arrest systems, edge protection, or scaffolding services are typically required rather than optional extras. Failure to provide such measures, as seen in this case, can expose companies to significant fines and reputational damage, alongside the devastating human cost.

Comparable incidents demonstrate this is not an isolated problem. A Christchurch business was similarly fined after a worker's fatal fall from a roof, while WA companies faced charges after a worker's fatal fall in a separate matter. Closer to this incident, a Melbourne worker died after falling from a roof under similar circumstances involving inadequate height safety measures.

Building Stronger Safety Systems for Construction and Horticulture Services

Businesses providing nursery, horticulture, or construction services should review their fall protection policies regularly rather than waiting for an incident to expose gaps. Practical steps include documenting risk assessments, maintaining clear worker agreements, and keeping accurate records for isolated or at-height work.

Resources such as a Worker Agreement Policy help formalise expectations between employers and staff regarding safety responsibilities, while tools like an Isolated Worker Communication Log support businesses managing lone or remote workers on site.

For companies engaging contractors on construction or horticulture services projects, a comprehensive Worker Contractor Manual can help clarify safety expectations across all parties involved in roof work or height-related tasks.

Maintaining accurate first aid records is equally important on sites where height work occurs. A First Aid Worker Register ensures qualified personnel are identified quickly in the event of an emergency.

Key Takeaways for Safety Professionals

• Fall arrest systems must be used whenever roof work presents a fall risk
• Health and safety obligations apply regardless of business size or industry
• Regular risk assessments help identify hazards before incidents occur
• Court penalties reflect serious consequences for non-compliance

This case serves as a stark reminder for businesses across construction, horticulture, and nursery supply services that fall risk must never be treated as an afterthought. Prioritising robust safety systems protects workers and helps organisations avoid the legal and human costs highlighted in this court outcome.

Read more news from WorkSafe Victoria regarding workplace safety enforcement and prosecutions.