WorkSafe initiates legal charges following fatal incident involving balcony fall during renovation

WorkSafe has charged a landscaping company over the death of a man who fell from the balcony of a Melbourne home undergoing renovation. The case highlights ongoing risk exposure at residential construction sites, even when work has paused.

The workplace safety regulator has charged the company with two breaches of section 23(1) of the Occupational Health and Safety Act, relating to failure to protect non-employees from health and safety risks.

What Happened During the Renovation Project

In December 2022, while construction activities were temporarily suspended, a visitor to the property owner suffered a fatal fall of about 2.5 metres from the unguarded edge of the balcony. This incident underscores why safety controls must remain active throughout every phase of a project, including periods when a site sits idle.

A committal mention regarding the matter is set to take place at Melbourne Magistrates' Court early next year.

Why Balcony Safety Matters at Every Project Stage

Falls from height remain one of the leading causes of workplace fatalities across construction and renovation sites in Australia. A balcony without edge protection poses a serious risk not only to workers, but to visitors, contractors, and members of the public who may access a property during works.

Under occupational health and safety legislation, duty holders carry obligations that extend beyond employees. Landscaping firms, builders, and property managers must maintain compliance with safety standards for anyone who might reasonably enter a worksite, regardless of whether construction has stopped.

Key Safety Obligations for Renovation Sites

• Maintaining edge protection on balconies and elevated areas, even when work is paused
• Ensuring risk control measures remain in place throughout a project lifecycle
• Reviewing site conditions before allowing property owners or visitors onto a worksite
• Documenting compliance checks to demonstrate adherence to relevant legislation

Businesses that fail to uphold these obligations face significant legal and reputational consequences, as this case demonstrates. Robust incident management processes and documented safety procedures help organisations identify hazards before they result in tragedy.

This case follows similar action taken against another organisation, detailed in our report on a fatal fall incident under investigation in Perth, and echoes findings from our coverage of a builder facing charges following a fatal incident at a Melbourne factory.

Organisations seeking to strengthen their workplace safety framework should also review our analysis of a fatal incident involving a recycling truck, which further illustrates how gaps in risk control contribute to preventable harm.

First published on the WorkSafe Victoria website.