Company and director fined total of $164,500 after five workers fall around 3.6 metres

As a result of a prosecution by SafeWork NSW, a company and its director have been convicted and fined a total of $164,500 in the Industrial Court of NSW. The proceedings arose from a 25 October 2022 incident when, while installing a compressor of an ice machine in the roof space above a cool room, five workers suffered serious injuries after falling about 3.6 metres when the ceiling collapsed.

The company pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 for failing to comply with its health and safety duty to workers under section 19(1) of the Act, and an offence pursuant to section 46 of the Act for failing to consult, co-operate and co-ordinate with another company, which also held a health and safety duty in relation to the installation.

The company was fined a total of $152,500, while the sole director of the company at the time of the incident pleaded guilty to an offence pursuant to section 32 of Act for failing to exercise due diligence as an officer of the company under section 27(1) of the Act, and was fined $12,000. Judgments against the company and director have been published on the NSW Caselaw website and can be found here.

In October 2025, the other company that also held a health and safety duty in relation to the installation was convicted and fined a total of $500,000 in the Industrial Court of NSW — that other company, which also employed workers involved in the incident, pleaded guilty to two offences.

“SafeWork NSW takes falls from heights seriously. Preventing injuries caused by a fall from a height is an area for action in SafeWork NSW’s regulatory priorities this year,” SafeWork NSW Commissioner Janet Schorer said. “Falls from heights are a primary cause of traumatic injuries and fatalities in NSW workplaces.”

Schorer said that “SafeWork NSW reminds all businesses of their duty to ensure their workers are protected when working with potential falling hazards and working at heights.” Resources to help business owners and workers manage the risks of working from heights can be found here, via the SafeWork NSW website.

Image credit: iStock.com/Olga Kostrova. Stock image used is for illustrative purposes only.