Fall through unguarded stair void lands $580K in enforceable undertakings

Two South Australian companies will spend more than $580,000 in enforceable undertakings (EU) after a fall through an unguarded stair void caused serious injuries.

The incident

The incident occurred in April 2023 at an AMS Built Pty Ltd double-storey residential construction site in Stirling, where a Ruediger Constructions Pty Ltd worker suffered serious injuries after falling 3.5 metres through an unguarded stair void onto the ground-floor concrete slab.

AMS Built was the principal builder and had engaged Ruediger Constructions to provide first fix carpentry services for the residential construction project — the injured worker regained full work capacity in October 2023 and has since taken up a new role within the sector.

The investigation

SafeWork SA was notified and issued an enforcement notice prohibiting work and access to the upper floor of the building. SafeWork SA conducted an investigation, where it was alleged that AMS Built and Ruediger Constructions committed Category 2 offences under the Work Health and Safety Act 2012 (SA).

By failing to ensure the stair void was guarded prior to work being undertaken on the first floor, it was alleged by SafeWork SA that AMS Built failed to provide and maintain a safe work environment. Ruediger Constructions, it was alleged, failed to identify the hazard presented by working on the first floor of the site containing an unguarded stair void.

It was also alleged that, because it failed to ensure measures were in place to eliminate and/or minimise the identified risk, Ruediger Constructions failed to provide and maintain a safe system of work. Both companies applied to the regulator to consider their application for an enforceable undertaking.

The EUs

On 5 August 2025, AMS Built’s EU was accepted and includes a total minimum spend of $207,233 on initiatives that include:

• Development of a working from heights safety video and its promotion on social media via a paid advertising campaign.
• Employing a WHS adviser/administrator to administer WHS functions and ensure compliance with relevant WHS legislation, regulations and guidelines.
• Hiring a new site co-ordinator — to better manage operations and to attend to site safety requirements and co-ordination.
• Purchase of a drone to conduct site safety overviews and assessments.
   

Also on 5 August 2025, Ruediger Construction’s EU was agreed and includes a total minimum spend on safety improvements of $373,120, with initiatives that include:

• Purchase of a scissor lift, platform ladders and new harnesses to minimise the need for workers to work from A-frame ladders.
• Employing a general WHS manager — to administer WHS functions and ensure compliance with WHS legislation, regulations and guidelines.
• To spread awareness of safe work practices, that a company-wide safety training day with a focus on WHS in the residential construction industry be conducted in conjunction with AMS Built and its subcontractors.

Regulator comment

“Entering into enforceable undertakings with these two companies is the preferred enforcement option in this case due to the opportunity to achieve far-reaching safety benefits for companies in the residential construction industry and the broader community,” SafeWork SA Executive Director Glenn Farrell said.

“SafeWork SA is committed to working with companies to develop enforceable undertakings as an alternative to prosecution where appropriate,” Farrell said. “This is demonstrated through the development of new resources designed to help businesses prepare their EU applications.”

More information from SafeWork SA on EUs is available here.

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