Fatal fall fine near quadrupled to $250K on appeal
In Victoria, a nursery and horticulture supplier has had its fine for the death of a worker who fell through a shed roof onto a concrete floor near quadrupled to $250,000.
The appeal
Van Berkel Distributors Pty Ltd had been fined $65,000, without conviction, in February 2025 in the Melbourne Magistrates’ Court; the company had pleaded guilty to a single charge of failing to reduce the risk associated with a fall by using a fall arrest system. In June 2025, following an appeal, the Melbourne County Court set aside the company’s original sentence and ordered it to pay a fine of $250,000 — without conviction.
The incident
A 66-year-old maintenance manager was working alone on the roof of a shed at the workplace in June 2022. The maintenance manager was working without any fall protection, attempting to replace polycarbonate roofing sheets. He was taken to hospital where he underwent brain surgery after falling through one of the sheets, 3.3 metres to the floor below. He died a few days later.
The maintenance manager did not have any qualification in roofing, a WorkSafe Victoria investigation found, and a Safe Work Method Statement (SWMS) had not been prepared for the task. It was reasonably practicable, the court heard, for the company to reduce the risk of a fall by using a fall arrest system, such as a safety harness.
WorkSafe Victoria comment
“WorkSafe is extremely serious about preventing falls from height as we continue to see too many lives lost or forever changed in incidents that should never have happened,” WorkSafe Executive Director Health and Safety Sam Jenkin said, also saying that the appeal outcome sent a strong message to employers that fall prevention is non-negotiable.
“We’re doing a significant amount of work in this space and will continue to fight for stronger penalties against employers who choose to put workers’ lives at risk, particularly when the safety solutions are well-known and readily available,” Jenkin added.
According to WorkSafe Victoria, to prevent falls from height employers should:
- where practicable, eliminate the risk by doing all or some of the work on the ground or from a solid construction;
- use a passive fall prevention device, such as guardrails, perimeter screens, safety mesh, scaffolds or elevating work platforms;
- to ensure employees work within a safe area, use a positioning system — such as a travel-restraint system;
- to limit the risk of injuries in the event of a fall, use a fall arrest system, such as a catch platform, harness or safety nets;
- use a fixed or portable ladder, or implement administrative controls.
WorkSafe Victoria also said it provides comprehensive guidance to duty holders on falls prevention — it also has an information sheet on how to control risks during the removal of fragile roofing.
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