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Nursery fined $65,000 after fatal shed roof fall

A Monbulk nursery and horticulture supplier has been fined $65,000 after a worker fell through a shed roof onto a concrete floor, suffering a fatal head injury.

Van Berkel Distributors Pty Ltd was sentenced, without conviction, in the Melbourne Magistrates’ Court on Wednesday after earlier pleading guilty to a single charge of failing to reduce the risk associated with a fall by using a fall arrest system.

The company was also ordered to pay $8000 in costs.

In June 2022, a 66-year-old maintenance manager was working alone on the roof of a shed at the workplace without any fall protection, attempting to replace polycarbonate roofing sheets.

He fell through one of the sheets, 3.3 metres to the floor below, and was taken to hospital where he underwent brain surgery, but died a few days later.

A WorkSafe investigation found the maintenance manager did not have any qualification in roofing and a Safe Work Method Statement (SWMS) had not been prepared for the task.

The court heard that it was reasonably practicable for the company to reduce the risk of a fall by using a fall arrest system, such as a safety harness.

WorkSafe Executive Director Health and Safety Sam Jenkin said the risk of serious injury or death from a fall increased significantly when working at heights of more than two metres.

“The steps to reduce the risks of falls are well known, so it’s heartbreaking that we continue to see tragic and preventable loss of life such as this,” Mr Jenkin said.

“It only takes a second to fall – and yet the consequences can be devastating – so there’s no excuse for failing to take every reasonable precaution when working at heights.”

WorkSafe provides comprehensive guidance to duty holders on falls prevention as well as an information sheet on how to control risks during the removal of fragile roofing.

To prevent falls from height employers should:

Eliminate the risk by, where practicable, doing all or some of the work on the ground or from a solid construction.

Use a passive fall prevention device such as scaffolds, perimeter screens, guardrails, safety mesh or elevating work platforms.

Use a positioning system, such as a travel-restraint system, to ensure employees work within a safe area.

Use a fall arrest system, such as a harness, catch platform or safety nets, to limit the risk of injuries in the event of a fall.

Use a fixed or portable ladder, or implement administrative controls.

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