WorkSafe charges horticulture company over worker’s fatal fall

WorkSafe Charges Horticulture Company Over Worker's Fatal Fall

WorkSafe Victoria has charged a Monbulk nursery in relation to a tragic incident where a maintenance worker fell through a shed roof and sustained fatal head injuries in June 2022.

The charges, brought under section 21(1) of the OHS Act, accuse the horticulture supply company of failing to provide and maintain a safe working environment for its employees. Maintaining proper worker safety conditions remains a fundamental obligation for every employer under health and safety legislation.

WorkSafe also alleges that the company violated regulation 327(1) of the same Act by engaging in high-risk construction work without a safe work method statement (SWMS). Construction-related tasks, even those undertaken for routine maintenance, carry serious risk when appropriate safety documentation isn't in place.

Details of the Fatal Incident

These charges relate to the death of a 66-year-old maintenance worker who fell through fragile roofing while attempting to replace it. The incident highlights ongoing concerns around construction safety practices within the horticulture sector, where roof maintenance often involves working at height without adequate fall protection.

Health and safety regulators continue to scrutinise how companies manage risks tied to fragile roofing, particularly where construction work is performed without formal planning documents. A properly developed SWMS could have identified hazards before work began, potentially preventing this fatality.

Court Proceedings

Melbourne Magistrates' Court has scheduled a filing hearing for 28 February 2024, where the horticulture company will respond to the charges. Outcomes from similar prosecutions, such as the construction company fined over a carpenter's fatal fall, demonstrate how seriously courts treat breaches involving high-risk construction work.

This case follows a broader pattern of enforcement action across sectors. In another recent matter, a WA transport company faces charges over a worker's severe injuries, reinforcing that regulators expect the same standard of safety diligence regardless of industry.

Why Safe Work Method Statements Matter

A SWMS is a mandatory safety document for high-risk construction activities, including work at height and tasks involving fragile or brittle roofing materials. Without one, workers face conditions that leave hazards unassessed and uncontrolled.

Employers across construction, manufacturing and healthcare sectors should ensure that:

• High-risk construction tasks are never undertaken without a documented SWMS
• Fragile roofing is clearly identified and access is restricted or controlled
• Fall prevention equipment is provided and properly maintained
• Workers receive training specific to the safety risks of their tasks

Not every failing stems from a lack of resources — often it reflects gaps in documentation and planning processes that a robust SWMS would address.

Broader Implications for Employers

This case serves as a reminder that health and safety obligations extend beyond core operations into maintenance and construction activities performed on-site. Even routine tasks like roof repairs demand the same safety rigour as major construction projects.

Enforcement actions like this one, alongside cases such as NT WorkSafe dropping charges over a fatal helicopter crash, show regulators are willing to pursue prosecutions when safety failures contribute to worker fatalities, though outcomes vary depending on evidence and circumstances.

Organisations seeking to strengthen their safety compliance should review documentation practices, including worker and contractor manuals, to ensure high-risk construction work is properly planned and controlled.

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