VIC company facing charges for staircase hazards posed to employees with disabilities

VIC Company Facing Charges for Staircase Hazards Posed to Employees With Disabilities

WorkSafe Victoria has filed charges against a hay and grain logistics firm following the fatality of an employee at a storage facility located in Willaura, south of Ararat, two years ago. The case highlights ongoing concerns about workplace safety management for staff with disabilities across Victorian worksites.

Summary of the Charges

The company faces two allegations under section 21(1) of the Occupational Health and Safety Act for not ensuring provision and maintenance of a safe working environment. Both charges relate directly to failures in safety management systems designed to protect vulnerable staff.

What Happened at the Kew Workplace

In December 2022, a worker with both visual and auditory impairments suffered injuries and later succumbed in hospital following a fall down a stairwell during their lunch break. This tragic incident has prompted renewed scrutiny of health and safety practices for employees with disabilities in similar facilities.

WorkSafe accuses the firm of breaching section 21(2)(a) of the OHS Act by "failing to provide a safe system of work to prevent workers with mobility or vision impairment accessing the staircase from the break room at its Kew workplace." This failing points to a broader gap in disability-inclusive risk management practices.

Why This Case Matters for OHS Compliance

This prosecution serves as a reminder that safety obligations extend beyond general workplace hazards. Employers must actively assess how facility design, including staircases and break room access, affects employees with sensory or mobility impairments.

Key compliance considerations arising from this case include:

• Conducting disability-specific risk assessments as part of routine health and safety management reviews
• Ensuring safe pathways and signage for staff with vision or hearing impairments
• Reviewing OHS policies to confirm they address accessibility, not only general hazard controls
• Training management teams to recognise and respond to disability-related safety risks

Under Victorian OHS law, businesses carry a duty to provide a safe working environment for every employee, regardless of physical or sensory ability. Robust safety management frameworks, supported by clear documentation, remain essential to demonstrating compliance and protecting workers from preventable harm.

Organisations reviewing their own approach to inclusive workplace design may find value in creating an inclusive WHS plan for employees with disabilities, which outlines practical steps for strengthening accessibility within existing safety management systems.

Broader Pattern of Enforcement Action

This case follows a series of similar prosecutions across Victoria. For further context on regulatory trends, see coverage of VIC companies facing charges for breaching workplace safety regulations and a related report on a VIC metal company facing charges following a fatal crushing incident.

Together, these cases underscore why proactive health and safety management, rather than reactive compliance, remains the most reliable path to protecting workers and avoiding regulatory action.

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